
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 ...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
04/07/2026
April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...
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 ...
25/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
24/04/2026
Churchill Downs Inc. (CDI) has announced a definitive agreement to acquire the intellectual property of the Preakness Stakes and Black-Eyed Susan Stakes from 1/...
24/04/2026
Daktronics has partnered with DCL (Design Communications, Ltd.) to design, manuf...
24/04/2026
Chyron has announced PRIME Translate, a workflow solution that produces live content simultaneously in multiple languages within the PRIME platform. The system ...
24/04/2026
Eutelsat has announced a new partnership with Co-op Cable, introducing an expand...
24/04/2026
Pitch Dublin, an indoor golf simulation and hospitality venue on Dawson Street i...
24/04/2026
G&D and VuWall have announced two senior leadership appointments, effective Apri...
24/04/2026
Victory , the free sports streaming service from A Parent Media Co. Inc. (APMC), has announced a multi-year agreement to become the exclusive local streaming ho...
24/04/2026
The former business major from Massachusetts has found his home in graphics and bug operation while contributing to live ESPN productions
In the live-sports-vi...
24/04/2026
The Mid-Atlantic Sports Network (MASN) and Spectrum have announced a multiyear carriage agreement making MASN available to Spectrum customers in areas of southe...
24/04/2026
The NFL Draft is rebuilt from the ground up in a new city every year. The three-day fan festival is expected to draw 500,000 or more attendees, with millions fo...
24/04/2026
Diversified has continued expansion of its sports and media capabilities to supp...
24/04/2026
NAB reports that the 2026 NAB Show wrapped with more than 58,000 registered atte...
24/04/2026
Clear-Com has announced significant updates to its Arcadia Central Station and E...
24/04/2026
NAB reports that the 2026 NAB Show wrapped with more than 58,000 registered atte...
24/04/2026
Ratings Roundup is a rundown of recent rating news and is derived from press rel...
24/04/2026
B/R NFL Draft Live' refines the digital giant's productions around footb...
24/04/2026
Study highlights five pillars shaping modern fan engagement as broadcasters reth...
24/04/2026
The 2026 event, the first Draft with NFL Network under the ESPN umbrella, will b...
24/04/2026
In-venue and creative video staffers at the professional and collegiate level ha...
24/04/2026
Integral to the Draft production for three almost decades, the company tells the...
24/04/2026
Championing documentaries that illuminate and expand the artform is at the core ...
24/04/2026
The Peabody Awards spotlight excellent work that endures. This year's winner...
24/04/2026
Earth Day is a chance to reflect on our connection to the natural world. To mark the 57th Earth Day on April 22, Spotify's editors have pulled together a co...
24/04/2026
This past weekend, Spotify was at the heart of the largest literary event in the...
24/04/2026
All data tells a story, and in our case, that story is written by you. To celebrate 20 years of Spotify, we're sharing bite sized moments that capture how t...
24/04/2026
Over the past 20 years, Spotify's look and feel has evolved with the way people use our platform, while ensuring we preserve an intuitive, personal, and fam...
24/04/2026
It's been 20 years since Spotify began, but the real story is what the world chose to play. For the first time, we're unveiling the most streamed artist...
24/04/2026
Whether you're relaxing at home or on the go, Spotify is there across more than 2,000 devices, ready with your favorites or something new to discover. Now, ...
24/04/2026
Nintendo and Spotify are welcoming fans to the Super Mario Bros. 40th anniversary and the release of The Super Mario Galaxy Movie with new playlists and a speci...
24/04/2026
30 October - 1 November 2026
The Audio Engineering Society (AES) have announced that the AES Show 2026 will be held on Halloween weekend - Friday 30 October...
24/04/2026
New closed-back design promises honest' low end
Sennheiser have just announced the launch of a new pair of flagship closed-back headphones which they s...
24/04/2026
Powerful 12-channel hardware sequencer announced
Cre8audio are renowned for their innovative, and often visually striking designs, and although their latest...
24/04/2026
Room correction now supports full 9.1.6 Dolby Atmos setups
The software element of IK Multimedia's room-correction system has just received an update th...
24/04/2026
New content for BBO Tutti & BBO Riffs
VSL have recently introduced some new free content expansions for two of their most popular Big Bang Orchestra Packs: ...
24/04/2026
Rohde & Schwarz to highlight its R&S EVSD1000 UAV-based navigation analyzer at I...
24/04/2026
The National Film and Video Foundation (NFVF) is pleased to announce that the ca...
24/04/2026
ITV's Director of Drama Polly Hill has commissioned six part propulsive, lun...
24/04/2026
The NASA 777 aircraft departs the L3Harris facility in Waco, Texas....
24/04/2026
WASHINGTON, April 23, 2026 - L3Harris Technologies (NYSE: LHX) has closed a $1 b...
24/04/2026
In partnership with Airbus U.S. Space & Defense, Inc., L3Harris Technologies is advancing autonomous aviation for the U.S. Marine Corps' Aerial Logistics Co...
24/04/2026
L3Harris' hC2 software, powered by Systematic SitaWare, strengthens battlefield decision-making by using open architectures to connect platforms, sensors an...
24/04/2026
Artist rendering of L3Harris' AERIS X next-generation airborne early warning...
24/04/2026
AgileTV presents in Las Vegas its technological proposition to power safer, more scalable and efficient TV ecosystems for telecom operators, ISPs and entertainm...