
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 ...
09/10/2026
September 10 2026, 06:00 (PDT) Dolby Expands Dolby OptiView Platform with New Capabilities at IBC 2026
New Sports Intelligence helps providers better unders...
07/10/2026
Dalet, a leading technology and service provider for media-rich organizations, today announced the latest Long-Term Supported (LTS) release of Dalet Flex. Build...
10/09/2026
Duff Foreman is an AI-generated announcer who will add color to this month's New Mexico Open...
10/09/2026
Bitmovin is rolling out Encoder Version 3, the next major release of the technology behind its VOD and Live Encoders. Version 3 is built on a premise every stre...
10/09/2026
At IBC2026, on booth 1.B47, Net Insight will showcase Open Live Media, its architecture for delivering resilient live media services across networks, partners, ...
10/09/2026
The Professional Women's Hockey League (PWHL) and Scripps Sports have announced a national broadcast rights agreement for the 2026-27 season, a landmark par...
10/09/2026
The Trusted Partner Network (TPN), the global content security initiative powere...
10/09/2026
The NFL is launching its most expansive creator programming yet, bringing togeth...
10/09/2026
Sportsnet is set to deliver its biggest hockey season ever with a national sched...
10/09/2026
LiveU is now a Clarus Integrated Reseller, bringing Starlink's fast, reliabl...
10/09/2026
Mimir is the cloud-native media production platform built for teams that need to move media fast across live, archive, web, social, and broadcast workflows. At ...
10/09/2026
ATSC is being honored with a 2026 Technology & Engineering Emmy Award by the Nat...
10/09/2026
Audio-Technica has introduced the BP880R Contact Transducer, a specialized micro...
10/09/2026
TMRW Sports in partnership with the LPGA, today announced multiyear U.S. media rights agreements with ESPN and Scripps Sports/ION to bring WTGL, the new women...
10/09/2026
SportsNet Pittsburgh (SNP) in partnership with Major League Baseball and the Pit...
10/09/2026
Tennis Channel announced today its launch as a Premium Subscription on The Roku Channel.
Tennis Channel offers viewers a single home for Tennis Channel and Ten...
10/09/2026
Dolby has announced major updates to Dolby OptiView, its live sports platform, ahead of IBC 2026. The updates include new AI-powered intelligence to better unde...
10/09/2026
Dalet has appointed Brian Doheny as CEO. Doheny joined Dalet as President and Chief Revenue Officer in April 2026. Since joining Dalet, Doheny has led the compa...
10/09/2026
Sony, as well as its partner company Nevion, is starting IBC 2026 with a handful of announcements for attendees to see on the show floor.
Sony Announces the 4t...
10/09/2026
The six-year-old venue is expanding capabilities for NFL action, Super Bowl LXI, 2028 Summer Olympics
SoFi Stadium, as well as the surrounding area known as Ho...
10/09/2026
Editing, restoration & mastering suite upgraded Acon Digital Acoustica 8 audio editing restoration mastering software.
Acon Digital have just launched the la...
10/09/2026
Classic synths & drum machines available to play
Based in Reading, UK, Readipop are a music and arts charity with a long track record of innovative, partici...
10/09/2026
Popular model updated & new addition introduced
With many of the models in Neumann's KH family now boasting onboard DSP and support for the company'...
10/09/2026
Improved desktop interface announced
The latest iteration of Arturia's flagship desktop audio interface has just arrived, introducing improved preamps, ...
10/09/2026
Progress needs proof: Rohde & Schwarz showcases its trailblazing test solutions ...
10/09/2026
France launch follows UK and Germany as Nielsen expands product across EMEA
Paris, France, September 10, 2026 - Nielsen, a global leader in audience measuremen...
10/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/09/2026
Leading professional audio manufacturers NUGEN Audio, RTW, Steinberg and Telos Alliance have joined forces with Fraunhofer IDMT to establish a common approach t...
10/09/2026
Built Into Setplex's Zapflex Platform, AI Insider Turns Video Service Data Into Actionable Insights
Setplex today introduced AI Insider, a breakthrough new...
10/09/2026
Managed service changes dialogue without actor-specific training or facial rigging while preserving the original performance and fitting established post-produc...
10/09/2026
The ACT Entertainment tvONE and Green Hippo Pixel Academy has released its autumn course schedule, with hands-on training dates in September, October and Novemb...
10/09/2026
Orange Polska continues to Rely on Viaccess-Orca for Secure TV Services and the Next Phase of its Technology Evolution
Viaccess-Orca (VO), a global leader in T...
10/09/2026
Generate and create directly in your timeline with new AI-powered innovations in...
10/09/2026
Tedial is introducing Media Business Hub (MBH) at IBC 2026, a new business enablement platform designed to help media organizations unlock the full value of the...
10/09/2026
Globecast, a leading provider of broadcast, media and entertainment managed services, will unveil the next phase of its transformation at IBC2026 with a preview...
10/09/2026
Fabric Data and TMT Insights today announced that the two companies are combining to create Fabric Insights, uniting authoritative data, purpose-built software,...
10/09/2026
Operative, the preferred advertising and broadcast management provider for the world's leading media brands, today announced a comprehensive slate of new pr...
10/09/2026
Test & measurement innovator, Leader Electronics of Europe, has announced the launch of its latest range of handheld signal generation, analysis and monitoring ...
10/09/2026
The partnership begins with native Zixi protocol support on the Kiloview D350 and will extend to deeper product integration and joint go-to-market initiatives
...
10/09/2026
Avid and FilmLight announce strategic partnership to reimagine the color pipelin...
10/09/2026
Maxon Brings Exclusive Preview of Fall Innovations to IBC2026
Brie Clayton September 10, 2026
0 Comments
IBC attendees will get the first look at new ...
10/09/2026
Puget Systems Launches Built Different by Puget Systems, A New Podcast That Go...
10/09/2026
Three Boston Conservatory Dance Alums Honored for Their Early-Career Promise India Hobbs and Demetrius Lee received Princess Grace Awards, while Lilly David t...
10/09/2026
MonoNeon Returns to Berklee to Kick Off Signature Series The Grammy-winning bassist and alumnus performs with students and faculty from the Planet MicroJam In...
10/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...