
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...
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...
24/01/2026
Masami Kawai Selected as the 2026 Merata Mita Fellow; Isabella Madrigal and Tsanavi Spoonhunter Named 2026 Graton Fellows During Native Forum Celebration in Par...
24/01/2026
The MC-55A Peregrine aircraft will give the Royal Australian Air Force information superiority and serve as strategic assets for future Australian Defence Force...
24/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Pinterest
Bluesky
Email...
24/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Pinterest
Bluesky
Email...
24/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Pinterest
Bluesky
Email...
24/01/2026
RT and Virgin Media Television kick off comprehensive free-to-air coverage of t...
23/01/2026
Staines-upon-Thames, UK, 29 July, 2025 - Yospace, the global leader in Dynamic A...
23/01/2026
WWE's Virtual Production Playbook: How the Professional Wrestling Super Powe...
23/01/2026
Tight set up: Squeezing the PSA's Tournament of Champions into Grand Central...
23/01/2026
Evolving production: The PSA on bringing squash to more viewers at the Tournamen...
23/01/2026
AFC Championship Preview: Behind the Scenes With NFL on CBS' Producer Jim R...
23/01/2026
NFC Championship Preview: FOX Sports Director Rich Russo Talks Technology, Story...
23/01/2026
Spotify's annual Best New Artist celebration honors the rising stars whose talent, creativity, and dedication have propelled them to the music industry'...
23/01/2026
Coalition military forces operating across the vast geography of the Indo-Pacific rely on interoperable, secure data links to share intelligence, surveillance a...
23/01/2026
Artist rendering of L3Harris Technologies' AERIS next generation airborne early warning and control solution....
23/01/2026
The U.S. Air Force AMP Increment II aircraft at L3Harris' facility in Waco, Texas. L3Harris has modernized C-130 avionics since 1985, delivering digital coc...
23/01/2026
Paramount is transforming its operations by unifying the media supply chains of their top brands into a scalable global pipeline.
This transformation enhances ...
23/01/2026
Every delay costs. When a subtitle fails QC, even the smallest issue can mean missed deadlines, extra vendor costs, or frustrated teams. The new Accurate.Video ...
23/01/2026
Multi-year deal utilizes Nielsen's full suite of local audience marketing in...
23/01/2026
New York, NY January 21, 2026 - Neptune BidCo US Inc. (the Issuer or the Co...
23/01/2026
ALT Systems, Inc., a leading system integrator and technology solutions provider for the media and entertainment industry, today announced the launch of PixSpan...
23/01/2026
The Alliance for IP Media Solutions (AIMS) will mark a major milestone for Pro AV-over-IP at ISE 2026 with the official launch of Internet Protocol Media Experi...
23/01/2026
KRK, a leader in professional studio monitoring for nearly four decades, will unveil the all new V Series Five at the 2026 NAMM Show, offering attendees an excl...
23/01/2026
SMPTE , the home of media professionals, technologists, and engineers, today announced Steve LLamb, Vice President of Technology Standards and Solutions for Cin...
23/01/2026
IBC today announces that the call for Technical Papers is now open for the IBC2026 Conference, inviting innovators from across the global media, entertainment, ...
23/01/2026
Grass Valley has announced that Asharq News, the leading multi-platform Arabic news service owned by the Saudi Research & Media Group (SRMG), has expanded its c...
23/01/2026
At the SET Expo 2025, a consortium including Qualcomm Technologies, Inc., Motorola, and Rohde & Schwarz successfully demonstrated a real-world proof-of-concept ...
23/01/2026
Dalet, a leading technology and service provider for media-rich organizations, today announced the appointment of Gwen Braygreen as Executive Vice President and...
23/01/2026
Alfalite, Brainstorm, Dejero, Domo Broadcast Systems, FOR-A, KitPlus, Ontario Soluciones and RGB Spectrum partner to demonstrate revolutionary integrated soluti...
23/01/2026
Vizrt, the leader in live production technology revolutionizing viewer experience and engagement, expands its team to ignite a new era of professional-grade pro...
23/01/2026
LOGIC media solutions, an Amazon Web Services (AWS) Advanced Partner specialising in AWS-based media workflows, is one of the official launch partners of the ne...
23/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Pinterest
Bluesky
Email...
23/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Pinterest
Bluesky
Email...
23/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Pinterest
Bluesky
Email...
23/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Pinterest
Bluesky
Email...
23/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Pinterest
Bluesky
Email...
23/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Pinterest
Bluesky
Email...
23/01/2026
Share Share by:
Copy link
Facebook
X
Linkedin
Pinterest
Bluesky
Email...
23/01/2026
Friday 23 January 2026
Sky appoints Lisa Clark as Commissioning Executive for SNL UK
Lisa Clark headshot
PNG (468KB)
Lisa Clark joins Sky as Commissioning E...
23/01/2026
Back to All News
Pavane' Drops Teaser Ahead of February 20 Debut - A Tende...
23/01/2026
FY2025 Full Year Results...
23/01/2026
RT is delighted to announce that the RT and F s ireann / Screen Ireland supported short film Retirement Plan has been nominated for Best Animated Short at th...
22/01/2026
SVG Students To Watch: Chuck Luarasi, Curry CollegeThe Massachusetts native is cutting his teeth with Harvard Athletics, Cape Cod Baseball LeagueBy Brandon Cost...
22/01/2026
Follow the Money, Episode 4: Talking Tech, Sports, and Private Capital With Sam ...
22/01/2026
Fever pitch: WRC is back for the start of the 2026 season with Rallye Monte-Carl...
22/01/2026
FloSports Prepares To Broadcast Outdoor Hockey Game Amidst Brutally Cold Tempera...