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...

06/03/2026

March 05, 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

SVG GFX Forum Draws 250+ Industry Pros To Talk Creative Philosphy, AR/XR, Future of Live Sports Graphics

More than 250 sports-graphics professionals packed into The Cutting Room in New ...

05/03/2026

Cosm Atlanta Set to Open at Centennial Yards on June 10

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...

05/03/2026

The CW Network to Broadcast Six Banana Ball Games During 2026 Season

Following last year's broadcast television debut, The CW Network is growing its partnership with the Savannah Bananas, announcing that it will be the exclus...

05/03/2026

AT&T Named Founding Partner and Official Connectivity Provider of TGL Presented by SoFi

TGL presented by SoFi, the primetime, men's team golf league, announces AT&T...

05/03/2026

Netflix Goes Live with Ateme's TITAN

Ateme, which specializes in video compression software, announces that it has entered into a multi-year agreement with Netflix for the deployment of its TITAN L...

05/03/2026

NEP Launches Software-Based OB Unit for Scalable Live Production Across Europe

As part of its strategy to deliver flexible and scalable media solutions, NEP Europe, part of NEP Group, has redesigned an outside broadcast (OB) unit to help b...

05/03/2026

Net Insight's Nimbra Edge and Nimbra 400 Now Verified for YouTube Live

Net Insight's Nimbra Edge and the Nimbra 400 series are now included in YouTube's Live verified encoders list. This confirms that the solutions have bee...

05/03/2026

Audinate Launches Dante Director Professional: Enterprise-Grade Management Platform for Distributed AV Networks

Audinate, the creator of the Dante audio networking platform, announces the laun...

05/03/2026

LiveU Marks First Large-Scale Global Deployment of AI-Driven LIQ at Winter Games

LiveU announces the first large-scale deployment of its AI-driven LiveU IQ (LIQ) technology at a global, multi-venue sporting event, setting a new benchmark for...

05/03/2026

SportsEngine Play to Stream 7 on 7 National Football Recruiting Tournament March 7-8

SportsEngine Play, a first-of-its-kind subscription streaming service for captur...

05/03/2026

SVG Students To Watch: Madison McCarter, Michigan State University

The senior from small-town Pennsylvania has had a huge impact on the Spartans' B1G Student U program In the live-sports-video industry, the future is brigh...

05/03/2026

ESPN, Disney, Pixar Team Up With NHL for Inside Out Classic' Animated Alt-Cast on April 5

Real-time animated presentation of Capitals-Rangers game blends tracking data, o...

05/03/2026

The Silicon Bowl Effect: How Big Tech is Reinventing the Sports Fan Experience

With Super Bowl LX taking place in Santa Clara, all eyes were not only on the field - but on the future of fandom itself. New technologies are being introduced ...

05/03/2026

World Baseball Classic 2026: MLB Network Provides World-Feed Infrastructure to Venues, Broadcasters

The network aims for a uniform production while accommodating tech differences i...

05/03/2026

World Baseball Classic 2025: FOX Sports Deploys World Feed Plus,' Adds Studio Presence for Semis and Final

MLB Network produces the host broadcast, and FOX layers in cameras, studio prese...

05/03/2026

Film Festival Watch: See These 18 Sundance Institute-Supported Docs at the 2026 True/False Film Fest

Barbara Hammer appears in Barbara Forever by Brydie O'Connor, an official se...

05/03/2026

Spotify's Creator Milestone Awards Honor the Latest Slate of Record-Breaking Podcasts

A little over a year ago, Spotify introduced the quarterly Creator Milestone Awa...

05/03/2026

SBS and Mint Pictures to chronicle the Bondi terror attack in major feature documentary

SBS and Mint Pictures to chronicle the Bondi terror attack in major feature docu...

05/03/2026

Winter Olympic stars return to the ice for ISU World Figure Skating Championships broadcast live on SBS

Winter Olympic stars return to the ice for ISU World Figure Skating Championship...

05/03/2026

Rohde & Schwarz enables rapid validation of next-gen Wi-Fi 8 networking platforms, including 5x5 MIMO capabilities

Rohde & Schwarz enables rapid validation of next-gen Wi-Fi 8 networking platform...

05/03/2026

Rohde & Schwarz acquires Software Radio Systems (SRS), specialists in software defined mobile communications solutions

Rohde & Schwarz acquires Software Radio Systems (SRS), specialists in software d...

05/03/2026

The Next Frontier of Quality Control - Verifying Content...

Quality control (QC) has long been a gatekeeper of technical fidelity. Editors and technicians have adhered to a simple, disciplined checklist: bitrate, resolut...

05/03/2026

Synamedia and Asport deliver global-scale streaming for G...

Leading video software provider Synamedia today announced it has partnered with Swiss sports technology specialist, Asport to deliver global live streaming for ...

05/03/2026

Advanced Systems Group Promotes Gretchen Taipale to Vice...

Advanced Systems Group, LLC (ASG), a technology and services provider for media creatives and content owners, announced the promotion of Gretchen Taipale to Vic...

05/03/2026

Clear-Com Supplies Cloud-Based Communications System for...

Clear-Com has provided Gen-IC virtual intercom, its cloud-based voice communications system for SaxaVord Spaceport, the first fully licensed vertical launch s...

05/03/2026

Hollywood Professional Association Concludes the 2026 HPA...

The Hollywood Professional Association (HPA) concluded the 2026 HPA Tech Retreat, convening more than 800 industry leaders, technologists, creatives and executi...

05/03/2026

LynTec 20 AMP Dual Output DMX Relay Now Shipping

LynTec, a leading manufacturer of electrical power control solutions for professional audio, video, and lighting systems, today announced that its new Dual DMX ...

05/03/2026

Snicket Labs Partners with ES Broadcast to Expand Access...

Snicket Labs is pleased to announce a new distribution partnership with ES Broadcast for its award winning solutions, Match and Enrich. Under the agreement, ES...

05/03/2026

LiveU Marks First Large Scale Global Deployment of AI Dri...

LiveU today announced the first large-scale deployment of its AI-driven LiveU IQ (LIQ ) technology at a global, multi-venue sporting event, setting a new benchm...

05/03/2026

CMAT wins RT Choice Music Prize Irish Album of the Year 2025

Celebrating 21 Years of the RT Choice Music Prize RT Choice Music Prize In association with IMRO and IRMA RT Choice Music Prize Irish Album of the Year 2...

05/03/2026

Sky News secures ninth News Channel of the Year award as Yalda Hakim, Yousra Elbagir and Mollie Malone honoured at RTS Awards

Thursday 5 March 2026 Sky News secures ninth News Channel of the Year award as ...

05/03/2026

Sky Sports launches first ever nationwide creator competition to find a Grid Insider for the 2026 Formula 1 season

Thursday 5 March 2026 Sky Sports launches first ever nationwide creator competi...

05/03/2026

Innovation for Filmmaking, By Filmmakers: Why InterPositive Is Joining Netflix

Back to All News Innovation for Filmmaking, By Filmmakers: Why InterPositive Is Joining Netflix Business 05 March 2026 Global Link copied to clipboard Dow...

05/03/2026

New LinkedIn Data Shows Women's Path to Senior Leadership...

New LinkedIn Data Shows Women's Path to Senior Leadership Is Narrowing Published on Mar 5, 2026 Categories: Data and insights LinkedIn Corporate Commun...

05/03/2026

Harmonic Accelerates Streaming and Broadcast Transformations at the 2026 NAB Show

SAN JOSE, Calif. - March 5, 2026 - At the 2026 NAB Show, Harmonic (NASDAQ: HLIT)...

05/03/2026

Comscore and Yahoo DSP Partner to Advance CTV Political Advertising with Proximic Political Audiences

Comscore and Yahoo DSP Partner to Advance CTV Political Advertising with Proximi...

05/03/2026

March Into the Cloud With 15 New Games Coming to GeForce NOW

March is in full bloom, and that means a fresh wave of games heading to the cloud. 15 new titles are joining the GeForce NOW library this month. Leading the Ma...

04/03/2026

Lega Basket Serie A Modernizes Media Operations Across Italian Basketball with ScorePlay

Lega Basket Serie A (LBA), the governing body for Italy's premier basketball...

04/03/2026

To Mark Five Years at Wrexham AFC, Co-Chairmen Rob Mac and Ryan Reynolds Will Host Broadcast During Wrexham-Swansea City on March 13

Wrexham AFC co-chairmen Rob Mac and Ryan Reynolds will host a first-of-its-kind ...

04/03/2026

FOX Sports Marks 100 Days to FIFA World Cup 2026 with Company-Wide Celebration

The countdown is underway and with just 100 days to go until the world's greatest sporting event begins on Thurs., June 11, FOX Sports, America's Englis...

04/03/2026

Exchange, NBCUniversal Team Up to Provide Service Members with Free Streaming of Paralympic Winter Games

No matter where they are in the world, service members and veterans can stream N...

04/03/2026

Telemundo Releases Somos Ms, the Official Anthem of its FIFA World Cup 2026 Coverage

Telemundo officially releases Somos M s, the anthem for the network's cove...

04/03/2026

Hollywood Professional Association Concludes 2026 HPA Tech Retreat

The Hollywood Professional Association (HPA) concluded the 2026 HPA Tech Retreat, convening more than 800 industry leaders, technologists, creatives, and execut...

04/03/2026

Case Study: How SEG+ Unified Utah's Biggest Sports Teams into a 40%+ Subscriber Growth Streaming Platform

Smith Entertainment Group transformed how local sports are consumed by creating ...