Sony Pixel Power calrec Sony

Fair Play: Asserting Fair Use in the Age of Content ID

03/06/2023

Fair Play: Asserting Fair Use in the Age of Content ID As YouTube's algorithm snags copyrighted songs, music educators struggle to assert their fair-use rights and keep their content online.

By

Sarah Godcher Murphy

June 2, 2023

Illustration by Bruce Wymer

Over the past decade, many music educators have embraced YouTube as a platform to share educational content, reach a broader range of students, and, hopefully, supplement their income with a bit of ad revenue. The platform is hugely popular with music students of all skill levels, providing everything from beginner guitar lessons to in-depth analysis of iconic jazz solos. More than any other social media, YouTube connects independent learners with teachers who can help them.

While this may sound like a match made in heaven, the platform's copyright management policies create roadblocks for educators who post instructional videos on the site. YouTube uses a digital fingerprinting system known as Content ID to automatically scan every video uploaded to the platform, searching for copyright-protected material. Excerpts of songs as brief as five seconds can result in a video being flagged or taken down for copyright infringement, even though the video may be perfectly legal under the fair use doctrine, which allows educators to use copyrighted songs as examples of the concepts they are teaching.

Adam Neely

Image by Liz Maney

But what is legally considered fair use isn't always straightforward. What may be fine for a closed educational system like a college or middle school becomes much murkier in the wide-open-and revenue-generating-world of YouTube. Let's say, for example, you are teaching a lesson on how to reharmonize a jazz standard. In all likelihood, your lesson would include excerpts of recorded music, illustrating various harmonic approaches used by artists over the years. In the classroom environment, this undoubtedly would be considered fair use.

But if you were to record this lesson and upload it to YouTube-sharing your lesson with the platform's 2.6 billion users-your right to fair use isn't so clear cut. Because Content ID is fully automated, the system cannot distinguish fair use exceptions from outright piracy-which means that educational content gets ensnared just as easily as bootlegged copies of Beyonc 's latest single. And, once a video has been flagged, the copyright holder can opt to have the video removed, thereby deleting the educator's lesson.

Adam Neely B.M. '09 has experienced this problem firsthand. As one of the most popular and beloved music educators on YouTube, with 1.69 million subscribers, Neely says that nearly all the content on his channel has been flagged for copyright infringement.

I think-and many of the other people on YouTube also think-that this is an issue of fair use, he says. We legally have the right to use these small snippets for purposes of commentary and analysis.

Neely creates video essays and lessons that use brief clips of recorded music (each less than 10 seconds long) interwoven with his thoughts on everything from music theory and history to psychology and pop culture. The resulting videos feel like a lecture delivered by your favorite college professor crossed with a clever talk show host; and they're highly polished, cleverly edited, and consistently funny, says Spin magazine.

If I'm trying to make some kind of broader cultural or music theory or historical reference, I need to be able to use that bit of the copyrighted work; otherwise my commentary is meaningless, Neely says. There is no other way of doing it in the medium of YouTube.

Associate Professor Tomo Fujita, who launched his YouTube channel in 2019, strongly agrees, adding that YouTube has become an essential tool for connecting with students online. It's the only way. On Facebook, Instagram, Twitter, people say amazing stuff, but that's all. They just talk, talk, talk, he says. Those [platforms] are just making buzz. It doesn't do anything about anything unless you have a YouTube.

Fujita's approach to videos feels more personal-something akin to a private lesson in his home, during which he shares not only guitar instruction, but also life stories, jokes, and footage of his cat, Dexter. Fujita has built a following of 505,000 subscribers. But, he says, he cannot count on YouTube ad revenue for income, because of copyright issues. I don't really expect [it to make money], he says. But if it does, great.

That's because whenever Content ID nds a copyright-protected song in a video, YouTube allows the copyright holder to appropriate any ad revenue generated by the video. This practice, known as monetization, means that large corporations like Universal Music Group, Sony Music Entertainment, and Warner Chappell Music can take revenue away from educators like Fujita and Neely simply because they used a snippet of a song in one of their videos.

If I'm trying to make some kind of broader cultural or music theory or historical reference, I need to be able to use that bit of the copyrighted work; otherwise my commentary is meaningless.

- Adam Neely

Monetization began as an attempt to protect intellectual property, but has turned into a cash-generating machine for rights holders. According to YouTube's most recent Copyright Transparency Report, because of Content ID, YouTube has created an entirely new revenue stream from ad-supported, user-generated content-paying more than $7.5 billion to rights holders from ads alone as of December 2021. And while Content ID has helped ensure that artists rightfully get paid for their creations, it also ensnares content creators who are acting above-board.

The volume of Content ID claims is staggering. According to the transparency report, copyright holders made approximately 759
LINK: https://www.berklee.edu/berklee-now/news/fair-play...
See more stories from berklee

Most recent headlines

05/01/2027

Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be demoed at CES 2026

Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...

01/06/2026

Dolby Sets the New Standard for Premium Entertainment at CES 2026

January 6 2026, 05:30 (PST) Dolby Sets the New Standard for Premium Entertainment at CES 2026 Throughout the week, Dolby brings to life the latest innovatio...

01/05/2026

NBCUniversal's Peacock to Be First Streamer to Integrate Dolby's Full Suite of Premium Picture and Sound Innovations

January 5 2026, 18:30 (PST) NBCUniversal's Peacock to Be First Streamer to ...

01/04/2026

DOLBY AND DOUYIN EMPOWER THE NEXT GENERATON OF CREATORS WITH DOLBY VISION

January 4 2026, 18:00 (PST) DOLBY AND DOUYIN EMPOWER THE NEXT GENERATON OF CREATORS WITH DOLBY VISION Douyin Users Can Now Create And Share Videos With Stun...

10/01/2026

Give Me the Backstory: Get to Know Cherien Dabis, the Filmmaker Behind All That's Left of You ( )

By Bailey Pennick One of the most exciting things about the Sundance Film Festi...

10/01/2026

Golden Week Nominees Night Celebrates a Podcasting Milestone

This year, podcasts are making their Golden Globes debut with a new category honoring the medium's leading shows and creators. To mark the occasion, Spotify...

10/01/2026

ESPN Reports Near-Record Viewing for Start of NBA Season

Share Share by: Copy link Facebook X Whatsapp Pinterest Flipboard...

10/01/2026

Connection and Youth Defined: 'The Ramparts of Ice' Brings a Heartwarming Story of Friendship to Netflix this April

Back to All News Connection and Youth Defined: The Ramparts of Ice Brings a Hea...

09/01/2026

Rock-It Sports' Deron Brown & Laura Rowlands on Launching a New Brand, Supplying Logistical Needs for Events in 2026

Rock-It Sports' Deron Brown & Laura Rowlands on Launching a New Brand, Suppl...

09/01/2026

Warner Bros. Discovery's Chris Brown on the Broadcaster's First French Open, Advancing Remote Workflows at Techwood Facility

Warner Bros. Discovery's Chris Brown on the Broadcaster's First French O...

09/01/2026

NFL Playoffs 2026: CBS Sports Travels to Jacksonville With Packed Arsenal of Production Capabilities

NFL Playoffs 2026: CBS Sports Travels to Jacksonville With Packed Arsenal of Pro...

09/01/2026

NFL Playoffs 2026: NBC Sports Is Set To Roll Out New Scorebar, Insert Graphics This Weekend

NFL Playoffs 2026: NBC Sports Is Set To Roll Out New Scorebar, Insert Graphics T...

09/01/2026

NFL Playoffs 2026: Prime Video Production Team Caps Historic Season With Iconic Bears-Packers Primetime Matchup in Chicago

NFL Playoffs 2026: Prime Video Production Team Caps Historic Season With Iconic ...

09/01/2026

NFL Playoffs 2026: FOX Sports Kicks Off Postseason Slate With Two-Game Wild Card Coverage

NFL Playoffs 2026: FOX Sports Kicks Off Postseason Slate With Two-Game Wild Card...

09/01/2026

NFL Playoffs 2026: ESPN's Run Brings Monday Night Football' Flagship Operation Into January

NFL Playoffs 2026: ESPN's Run Brings Monday Night Football' Flagship Op...

09/01/2026

Carr: FCC Looking for Ways to Empower' Local Broadcasters

Share Share by: Copy link Facebook X Whatsapp Pinterest Flipboard...

09/01/2026

Panasonic to Introduce Projection, LED and Workflow Offerings at ISE 2026

Share Share by: Copy link Facebook X Whatsapp Pinterest Flipboard...

09/01/2026

SMPTE Announces 2026 Leadership

SMPTE , the home of media professionals, technologists, and engineers, today introduced the board officers and regional governors who will serve terms beginning...

09/01/2026

Globecast Appoints Chris Pulis as Group Chief Technology...

Globecast, the leading provider of broadcast, media and entertainment managed services, today announced the appointment of Chris Pulis as Group Chief Technology...

09/01/2026

Hollywood Professional Association Announces Updates to B...

The Hollywood Professional Association (HPA) today announced several updates to its board of directors. As part of HPA s annual governance cycle, new leadership...

09/01/2026

SDVI APPOINTS SIMON ELDRIDGE AS CHIEF OPERATING OFFICER

SDVI, the leading platform provider for cloud-native media supply chains, today announced that Simon Eldridge has been appointed chief operating officer. In thi...

09/01/2026

Cobalt Digital Returns to ISE with Comprehensive Lineup o...

Cobalt Digital, the leading designer and manufacturer of award-winning ST 2110 and SDI signal processing products, and a founding partner in the openGear initi...

09/01/2026

iWedia Strengthens Leadership in ATSC 3-0 with Market-Pro...

iWedia, a global leader in connected TV software solutions, announces that its market-proven ATSC 3.0 software stack is powering the broadcast functionality of ...

09/01/2026

Amino and Xibo Partner to Deliver Next Generation 4K Digi...

Amino, a global leader in enterprise video and digital signage technology, today announced a strategic partnership with Xibo, a leading global digital signage s...

09/01/2026

FIFA Strikes Content Deal with TikTok for 2026 World Cup

Share Share by: Copy link Facebook X Whatsapp Pinterest Flipboard...

09/01/2026

HPA Elects New Officers, Board Members for 2026

Share Share by: Copy link Facebook X Whatsapp Pinterest Flipboard...

09/01/2026

NFL's 2025-26 Regular Season Is Second-Most-Watched Ever

Share Share by: Copy link Facebook X Whatsapp Pinterest Flipboard...

09/01/2026

FCC Sets Tentative Agenda for Jan. 29 Open Meeting

Share Share by: Copy link Facebook X Whatsapp Pinterest Flipboard...

09/01/2026

Carr: FCC Looking for Ways to 'Empower' Local Broadcasters

Share Share by: Copy link Facebook X Whatsapp Pinterest Flipboard...

09/01/2026

RT delivers another record year in 2025, bringing Ireland together with national moments

RT Player has 157 million streams, up 10% year-on-year An increase on 2024, RT...

09/01/2026

2FM announces line-up of Rising Artists for 2026

RT 2FM has today announced the highly anticipated list of 2FM Rising Artists for 2026, kicking off 2FM Rising week for the eighth year on The Tracy Clifford Sh...

09/01/2026

RT to Host the 2026 RTS Ireland Awards

RT to Host the 2026 RTS Ireland Awards Thursday, 16 April 2026 | Dublin Royal Convention Centre The RTS Ireland Television Awards 2026 | Gradaim RTS 2026 | R...

09/01/2026

NVIDIA Unveils Multi-Agent Intelligent Warehouse and Catalog Enrichment AI Blueprints to Power the Retail Pipeline

Every that was easy shopping moment is made possible by teams working to hit s...

08/01/2026

How disinformation is shaping Sudan's conflict: a new report

An evidence-based analysis on disinformation and information manipulation in Sudan's ongoing conflict is published today. (January 8th 2026). Thomson Found...

08/01/2026

At CFP Semifinals, ESPN Again Flexes Its Operational Muscle With 20+ MegaCast Viewing Options

At CFP Semifinals, ESPN Again Flexes Its Operational Muscle With 20+ MegaCast Vi...

08/01/2026

SVG Students To Watch: Sophie Fowler, University of Oregon

SVG Students To Watch: Sophie Fowler, University of OregonThe Portland product has honed her skills as a producer, director, and TD at Quack VideoBy Brandon Cos...

08/01/2026

Follow the Money, Episode 3: Inside the Sports-Media Biz With Sam McCleery and Ken Aagaard

Follow the Money, Episode 3: Inside the Sports-Media Biz With Sam McCleery and K...

08/01/2026

SVG New Sponsor Spotlight: Qualstar's Jeff Sengpiehl on the Enduring Power and Value of LTO Tape for Video Archiving

SVG New Sponsor Spotlight: Qualstar's Jeff Sengpiehl on the Enduring Power a...

08/01/2026

Legendary February: Production Leaders at NBC Sports Pull Back the Curtain on Olympics, Super Bowl, NBA All-Star Plans

Legendary February: Production Leaders at NBC Sports Pull Back the Curtain on Ol...

08/01/2026

One Year In: How Creators Are Growing Their Shows and Connecting With Audiences Through the Spotify Partner Program

In 2025 we launched the Spotify Partner Program to give creators more ways to tu...

08/01/2026

Spotify Toasts to the Future of Podcasting With Creators at Our New Sycamore Studios

On Wednesday in Los Angeles, Spotify welcomed creators and press to a brunch cel...

08/01/2026

Hollywood Professional Association (HPA) Announces Updates to Board of Directors

The Hollywood Professional Association (HPA) today announced several updates to its Board of Directors. As part of HPA's annual governance cycle, new leader...

08/01/2026

Chyron Releases Virtual Placement 8.0

Share Share by: Copy link Facebook X Whatsapp Pinterest Flipboard...

08/01/2026

SMPTE Names Board Officers, Governors for 2026

Share Share by: Copy link Facebook X Whatsapp Pinterest Flipboard...

08/01/2026

FCC to Vote on Proposals Expanding Unlicensed Use of 6 GHz Band

Share Share by: Copy link Facebook X Whatsapp Pinterest Flipboard...

08/01/2026

RTVE selects Alfalite Neopix for its first broadcast depl...

Spain's national public broadcaster, RTVE, has upgraded one of its main television production facilities in Madrid with the installation of two Alfalite NEO...

08/01/2026

Richard E. Wiley to Step Down as Media Institute's Chairman

Share Share by: Copy link Facebook X Whatsapp Pinterest Flipboard...

08/01/2026

Cineverse Acquires Giant Worldwide

Share Share by: Copy link Facebook X Whatsapp Pinterest Flipboard...

08/01/2026

Maxon Introduces Cinebench 2026

Maxon's new release of Cinebench features performance enhancements and adds support for the latest Nvidia and AMD GPUs as well as Apple Silicon. Maxon is t...

08/01/2026

Zixi Accelerates Global Growth with Appointment of Heathe...

Zixi, the industry leader in IP-based video transport and orchestration, today announced the appointment of Heather Mellish as Vice President, Global Sales. In...