
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
Most recent headlines
05/01/2027
Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...
01/06/2026
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...
02/05/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
01/05/2026
January 5 2026, 18:30 (PST) NBCUniversal's Peacock to Be First Streamer to ...
01/04/2026
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...
07/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/03/2026
TNT Sports and the International Basketball Federation (FIBA) have reached a mul...
06/03/2026
OffBall and TOGETHXR, two influential young media companies in sports, announce a strategic and operational partnership in a shared push to scale and create inn...
06/03/2026
InfoComm 2026, a destination for AV, IT, broadcast, and AI-driven systems, annou...
06/03/2026
LTN and MediaKind announce a strategic partnership to integrate MediaKind's ...
06/03/2026
X Games and the Greater New Orleans Sports Foundation (GNOSF) announce that New Orleans, Louisiana, will host the first-ever X Games Championship event - the fi...
06/03/2026
As part of a busy start of the year at Chyron, the AXIS team developed a set of improvements for AXIS Maps. The features released empower users with more flexib...
06/03/2026
At the 2026 NAB Show, BeckTV, a premier systems integrator for the broadcast ind...
06/03/2026
At NAB Show 2026, Net Insight introduces Nimbra Live Intelligence, which definin...
06/03/2026
SES announces that it has added new Medium Earth Orbit (MEO) satellite capacity ...
06/03/2026
LucidLink, the cloud-native file streaming platform for instant, secure access to large files, announce LucidLink Connect, a new solution that enables real-time...
06/03/2026
Panasonic helped bring the world of Paddington: The Musical to life through imme...
06/03/2026
In-venue and creative video staffers at the professional and collegiate level ha...
06/03/2026
Ratings Roundup is a rundown of recent rating news and is derived from press releases and reports around the industry. In this week's edition, NASCAR Cup Se...
06/03/2026
At the 2026 NAB Show, Riedel Communications opens with a clear message to the North American market: production technology does not have to be complex.
This ye...
06/03/2026
Midco Sports isn't your typical regional sports network. Backed by nearly a ...
06/03/2026
The stories around the Paralympics are really touching and the athletes, the atmosphere it is all amazing and we want to use new technologies to help us tell th...
06/03/2026
Apple TV subscribers will have access to as many as 30 additional live feeds acr...
06/03/2026
Ten years after its release, South African hip-hop artist Kwesta's DaKAR II is still making waves. With 51.8 million streams on Spotify, the album continues...
06/03/2026
Statement on the appointment of Dr Nicholas Pappas AM as SBS Chair
Media releases
The SBS Board and Executive have welcomed the appointment of Dr Nicholas P...
06/03/2026
Nielsen Highlights Women's Sports Viewership Milestones Ahead of International Women's Day on March 8
New York March 5, 2026 According to Nielsen...
06/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/03/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/03/2026
Spanish FM and online broadcaster esRadio has selected DHD RX2 audio production consoles for use at its studio headquarters in Madrid. Part of the Libertad Digi...
06/03/2026
LucidLink, the cloud-native file streaming platform for instant, secure access to large files, today announced LucidLink Connect, a new solution that enables re...
06/03/2026
At the 2026 NAB Show, BeckTV, a premier systems integrator for the broadcast industry, is launching BeckFlow, the first web-based schematic documentation platfo...
06/03/2026
At NAB Show 2026, Net Insight introduces Nimbra Live Intelligence defining a new category and setting a new standard for live operations: the Open Media Platfor...
06/03/2026
At the 2026 NAB Show, Interra Systems will showcase its latest advancements in automated QC, real-time monitoring, and captioning reinforcing its position as ...
06/03/2026
At the 2026 NAB Show, Riedel Communications opens with a clear message to the North American market: production technology does not have to be complex. This yea...
06/03/2026
New partnership combines on-prem video processing with reliable IP transport to support the transition from C-Band satellite to IP distribution
LTN and MediaKi...
06/03/2026
06 Mar 2026
VEON and JazzWorld Advance Pakistan's Digital Financial Future ...
06/03/2026
Friday 6 March 2026
Teaser revealed for Saturday Night Live UKTurn on cookies to view this content. Go to Privacy options and select Accept All'.
Privacy...
06/03/2026
Back to All News
Announcing Barbara - Becoming Shirin David
Entertainment
06 March 2026
GlobalGermany
Link copied to clipboard
Available exclusively on N...
06/03/2026
Discover how the F1 sound team turned a real Grand Prix into a cinematic experience.
Director Joseph Kosinski and his team worked directly with the Formula On...
06/03/2026
Arvato Systems Joins Initiative D21 e. V.
Shaping digital transformation together
Collaboration in Germanys largest network for the digital society
Membersh...
06/03/2026
The Trustworthy Accountability Group (TAG) is a global initiative dedicated to c...
06/03/2026
We are deeply saddened to hear the very sad news of the death of our friend and colleague, John McHugh. John was an exceptionally talented creative leader who s...
06/03/2026
First exclusive look at RT 's promo as Ireland prepare to take on Czechia
Every Moment, Every Generation
https://youtu.be/2ijo96EadLU
36 years after Geor...
06/03/2026
A new clue to how the body detects physical force Scripps Research scientists offer new insight into how the body detects light touch and how disruptions in tha...
05/03/2026
More than 250 sports-graphics professionals packed into The Cutting Room in New ...
05/03/2026
Cosm announces that it will open its third immersive entertainment venue at downtown Atlanta's Centennial Yards on June 10, 2026. Its first public event wil...