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...

02/05/2026

Dalet Flex LTS Delivers Smarter Search, Faster Editing, and an AI-Ready Foundation for Modern Media

Dalet, a leading technology and service provider for media-rich organizations, t...

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...

14/02/2026

Cineverse Acquires TV Monetization Platform IndiCue

Share Copy link Facebook X Linkedin Bluesky Email...

14/02/2026

ESPN's Audiences for College Basketball On Track for Major Growth

Share Copy link Facebook X Linkedin Bluesky Email...

14/02/2026

TCL Display Technologies Deployed at Winter Olympics

Share Copy link Facebook X Linkedin Bluesky Email...

14/02/2026

Boston Conservatory Orchestra Helps Peter and Leonardo Dugan Complete Their Dream Piece

Boston Conservatory Orchestra Helps Peter and Leonardo Dugan Complete Their Dre...

13/02/2026

OBS Accelerates Shift to Cloud

Olympic Broadcasting Services (OBS) has provided an update on its adoption of the cloud as it continues on its journey to fully migrate to IT-based systems by 2...

13/02/2026

France Tlvisions Launches France 2 UHD with Dolby Vision and Dolby Atmos to Max out AC-4 Experiences for Winter Olympics Fans

France T l visions has successfully launched France 2 UHD featuring Dolby Vision...

13/02/2026

OBS Expands Athlete Moment,' Family Reunions to Capture Human Side of Winter Games

Partnering with Worldwide Olympic Partner TCL, OBS deploys connected Athlete Mom...

13/02/2026

Men's Figure Skating Photo Gallery

The men's figure skating long-form program is tonight, and it promises to be an exciting night for fans in the stands, fans at home, and even the production...

13/02/2026

Entertainment Takes the NBA Court in a Big Way

With new partnership between the league and NBC, workflows distinguish more between live, broadcast sound There'll be a lot new for the 75th NBA All-Star W...

13/02/2026

SVG GameDay, Episode 3: Sean Tabler - Producing Hockey in the City of Angels

In-venue and creative video staffers at the professional and collegiate level have one major thing in common: the intensity and attention to detail ramps up dur...

13/02/2026

Teradek Introduces RF-X, Revolutionizing Mission-Critical Signal Redundancy

Teradek announces the launch of RF-X Auto Switcher, a revolutionary appliance designed to deliver flawless, uncompromised signal integrity for the world's m...

13/02/2026

Synamedia & Globecast Selected for FA Cup Cloud Distribution

Globecast and Synamedia announces that Pitch International (Pitch), the leading London-based sports marketing agency, has gone live with cloud-based distributi...

13/02/2026

Ratings Roundup: NBC Sports' Legendary February Hits Record Viewership Levels

Ratings Roundup is a rundown of recent rating news and is derived from press rel...

13/02/2026

NBC Olympics' Amy Rosenfeld on the Drone Craze, Friends & Family Moments, Stamford's Role for Milano Cortina

Far from the action in the snow and on the ice, the team controls the production...

13/02/2026

2026 Daytona 500: FOX Sports' Mike Davies, George Grill on Working Within an IP-Based Compound, Solving the Ops Puzzle of the Super Bowl of Racing

The Daytona 500 is called The Super Bowl of Racing for a reason. Whether it's the culmination to five days of action on the track, the sheer size and scop...

13/02/2026

OBS Expands AI-Powered Content Workflows

For the Milano Cortina Games, Olympic Broadcasting Services (OBS) is delivering more than 6,500 hours of content, with more than 900 hours of live action, sprea...

13/02/2026

NBC Sports Director Pierre Moossa Previews NBC's First NBA All-Star Production in 24 Years

After 24-year absence, NBC Sports returns to NBA All-Star Weekend with unique ca...

13/02/2026

Film Festival Watch: 18 Sundance Institute-Supported Projects To Watch at the 2026 Berlin International Film Festival

By Jessica Herndon We may have just wrapped an unforgettable 2026 Sundance Film...

13/02/2026

Give Me the Backstory: Get to Know Amanda Kramer, the Writer-Director Behind By Design

By Jessica Herndon One of the most exciting things about the Sundance Film Fest...

13/02/2026

Women in Podcasting Craft New Connections at Spotify's Galentine's Day Celebration in LA

This Wednesday in Los Angeles, Spotify brought together a group of podcast creat...

13/02/2026

Spotify and LoveShackFancy Bring Galentine's Glam to NYC, Featuring Special Performance by Joshua Basset

Yesterday, Spotify and LoveShackFancy hosted a Galentine's and Gents Lunch a...

13/02/2026

L3Harris Successfully Completes First Phase of P25 Transition for Florida SLERS

The upgrade to a Project 25 network provides state agencies communicating on the Statewide Law Enforcement Radio System flexibility to tailor the network to the...

13/02/2026

Riedel Opens Kuala Lumpur Office to Strengthen Global 24...

Riedel Communications has officially opened a new office in Kuala Lumpur, Malaysia, marking a strategic expansion of its global Customer Success and IT software...

13/02/2026

ES Broadcast Hire duo celebrate 10-year anniversary with...

Two of ES Broadcast Hire's longest-serving employees recently celebrated a decade working for the company. Annie Breislin, Operations Manager, and Charles ...

13/02/2026

Disguise Opens Experience Center and Office in Atlanta

Disguise, the award-winning technology company powering global experiences, today unveils a new 8,000-square-foot office and Experience Center in Atlanta, creat...

13/02/2026

Mavis Expands External Camera Support with Accsoon SeeMo...

At BSC Expo 2026, Mavis announced full support for the Accsoon SeeMo series of iOS camera adapters across Mavis Camera and Mavis Monitor apps. This new integrat...

13/02/2026

Butcher Bird Studios Keeps Signals Flowing Seamlessly Acr...

Executing technically ambitious live streams, virtual productions, and immersive media today requires talent, creativity, and the right supporting technology. L...

13/02/2026

LTN makes key appointments and introduces new Technology...

Michal Miskin-Amir, Jonathan Stanton and Bobby Bond to lead technical advances amid surge in demand for LTN's IP video transport services as satellite capac...

13/02/2026

NATO Upgrades Broadcast Studio with Grass Valley Cameras

Grass Valley, the pioneering media and entertainment technology innovator, has won a competitive NATO-wide tender to provide the new camera system for NATO'...

13/02/2026

Digital Azul strengthens remote production strategy with...

Wireless IP intercom underpins agile, multi-location live production workflows Digital Azul, the independent production powerhouse specialising in complex liv...

13/02/2026

Actus Digital Sets a New Standard for QA Monitoring and C...

Actus Digital, a LiveU company, will unveil major new enhancements to its Actus X Intelligent Monitoring Platform at NAB Show (LiveU booth N1740), reinforcing i...

13/02/2026

FA Cup goes IP with Pitch International plus Synamedia an...

Globecast, a worldwide leader in broadcast services, and leading video software provider, Synamedia, today announced that Pitch International (Pitch), the leadi...

13/02/2026

Rai Selects Imagine Selenio Network Processor for IP Migration

Share Copy link Facebook X Linkedin Bluesky Email...

13/02/2026

CIMM Details Research Plans for 2026 and New Board Appointments

Share Copy link Facebook X Linkedin Bluesky Email...

13/02/2026

Teradek Unveils RF-A Auto Switcher

Share Copy link Facebook X Linkedin Bluesky Email...

13/02/2026

Spectrum Launches 'Invincible Wifi'

Share Copy link Facebook X Linkedin Bluesky Email...

13/02/2026

Actus Digital to Introduce Actus X Platform Enhancements At NAB Show

Share Copy link Facebook X Linkedin Bluesky Email...

13/02/2026

Sennheiser Wireless Spectera Solution Tackles Super Bowl LX With Ease

Share Copy link Facebook X Linkedin Bluesky Email...

13/02/2026

Nate Bargatze to Receive 2026 NAB Television Chairman's Award

Share Copy link Facebook X Linkedin Bluesky Email...

13/02/2026

UKTV Highlights Saturday February 14th - Friday February 20th 2026

What can I watch on UKTV this week?What can I stream on U this week? This guide highlights romantic dramas for Valentine's Day, alternative relationship t...

13/02/2026

New RT series tells stranger-than-fiction stories of Irish con artists

New RT series tells stranger-than-fiction stories of Irish con artists Swindlers airs Wednesday 18 February, 9.35pm on RT One and RT Player Swindlers, a...

12/02/2026

Chyron Merges Live Web Content and CG Graphics with PRIME 5.3

Chyron unveils PRIME 5.3, the latest software release of the company's powerful engine for live production graphics. PRIME 5.3 delivers the first official i...

12/02/2026

SVG New Sponsor Spotlight: Interra Systems' Anupama Anantharaman on Protecting Live Sports Quality Across IP and OTT Workflows

The vendor's VP of Product Management explains how quality assurance, monito...

12/02/2026

LTN Makes Key Appointments and Introduces New Technology Organization

LTN announces the appointment of three experienced executives to lead its new Technology organization: Michal Miskin-Amir as EVP and Head of Technology, Jonatha...

12/02/2026

Riedel Opens Kuala Lumpur Office to Strengthen Global 24/7 Software and IT Support

Riedel Communications has officially opened a new office in Kuala Lumpur, Malays...