Fair Play: Asserting Fair Use in the Age of Content ID
03/06/2023
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
26/12/2024
M&E Not Ready to Fully Embrace AI in 2024
Talking about artificial intelligence in 2024 is akin to talking about the internet in 1994 everyone's excited about it and thinks it will have an enormous ...
26/12/2024
Check Out All the Must-See Trailers From Netflix's NFL Christmas Gameday Live
Back to All News Check Out All the Must-See Trailers From Netflix's NFL Chr...
26/12/2024
Beyonc Delivers Epic Gift of a Halftime Performance + "Beyonc Bowl" Is Coming to Netflix Soon!
Back to All News Beyonc Delivers Epic Gift of a Halftime Performance "Beyonc...
26/12/2024
Get in the Game With Squid Game' Season 2 Complete Coverage Guide
Back to All News Get in the Game With Squid Game' Season 2 Complete Coverage Guide Entertainment 26 December 2024 Global Link copied to clipboard Are...
26/12/2024
Cheers to 2024: GeForce NOW Recaps Year of Ultimate Cloud Gaming
This GFN Thursday wraps up another incredible year for cloud gaming. Take a look back at the top games and new features that made 2024 a standout for GeForce NO...
24/12/2024
PARTICIPATE AT SERIES MANIA FORUM 2025
The National Film and Video Foundation (NFVF) is calling for applications from South African film and television filmmakers to be part of the NFVF's delegat...
24/12/2024
FCC Fines Paramount Global $244,952 for Emergency Alert Violations
WASHINGTON, D.C. The Federal Communications Commission Enforcement Bureau said Paramount Global is being fined $244,952 for violations of emergency alerting rul...
24/12/2024
Streamer Carnegie Hall+ Features Holiday Programming and Music
NEW YORK Carnegie Hall's video-streaming channel, Carnegie Hall+, said it will celebrate the holiday season by offering a wide selection of holiday-themed o...
24/12/2024
PlayersTV Acquires Cloud Media Center
LOS ANGELES PlayersTV, an athlete and fan-owned media company, has announced the acquisition of Cloud Media Center, an AI-driven sports adtech and media distrib...
24/12/2024
The Best Playlists of 2024
The Best Playlists of 2024 The top playlists we created in 2024, from dad rock to dembow. By Tara Bellucci December 23, 2024 Image by Kelly Davidson Tak...
24/12/2024
From Generative to Agentic AI, Wrapping the Year's AI Advancements
Editor's note: This post is part of the AI Decoded series, which demystifies AI by making the technology more accessible, and showcases new hardware, softwa...
23/12/2024
Broadcast and the IT industry: an inevitable evolution?
At IBC2024, Grass Valley CTO Ian Fletcher told attendees at GV Forum that broadcast is now an IT industry. During our discussions at the show, TVBEurope heard v...
23/12/2024
Cracking creation: Fun facts from Wallace & Gromit: Vengeance Most Fowl
According to co-director Nick Park, the production team embraced technology to help create the iconic duos latest adventure By Jenny Priestley Published: Dec...
23/12/2024
Mapping the great wave: how Lux Aeterna produced data-centric visuals for Tsunami: Race Against Time
VFX house Lux Aeterna used wave height data from the National Oceanic & Atmosphe...
23/12/2024
DAZN acquires Australia's Foxtel in $2.2 billion deal
We are committed to supporting and investing in Foxtel's television and streaming services, across both sports and entertainment, using our world-leading te...
23/12/2024
Looking back at 2024: the industry trends that stood out
From AI to IP, the cloud to virtual production, key industry executives take a look back at some of the biggest trends that impacted the media and entertainment...
23/12/2024
BOOST GRAPHICS THE SPECIALIST INTERNATIONAL GRAPHICS SUBS...
Boost Graphics, the specialist international graphics and virtual production subsidiary of EMG / Gravity Media, the leading force in production and content & me...
23/12/2024
LucidLink Earns TPN Gold Certification to Advance Secure...
LucidLink, the leading storage collaboration platform revolutionizing how global teams work, proudly announces its achievement of the prestigious Trusted Partne...
23/12/2024
Mediagenix Welcomes Bruno Langlais as Business Developmen...
Mediagenix, a leader in software solutions for content strategy, content value management, and content scheduling, announces the appointment of Bruno Langlais a...
23/12/2024
NextGen TV Live Spanish Captions Debut on PMVG Test Bed S...
WCTEPublic Media Venture Group (PMVG) has announced that it is now providing real-time translation of closed captioning from English to Spanish on PMVG's Ne...
23/12/2024
Deltatre Appoints Charlie Mitchell to Head Up Sports in t...
Deltatre, the tech company behind the media and sporting moments that matter, has appointed Charlie Mitchell as Head of Sports for the Americas. Charlie will sp...
23/12/2024
Media Excel Welcomes Industry Veteran Matthew Goldman to...
Media Excel, a global leader in real-time video solutions, proudly announces the appointment of Matthew Goldman to its Technical Advisory Board. A distinguished...
23/12/2024
Disguise Nikon and MRMC bring Studio Extreme immersive ac...
Disguise the company behind the virtual production technology used on commercials for Apple Music and Lenovo, as well as feature film Daddio starring Sean Pen...
23/12/2024
Moments Lab and Bitcentral Partner for AI-Powered Content...
Leading AI and video search company Moments Lab is pleased to announce its integration with Bitcentral. The integration enables Bitcentral Oasis MAM users to en...
23/12/2024
ABC Commercial Partners With Amagi to Launch Suite of FAS...
Amagi, the global leader in cloud-based SaaS technology for broadcast and connected TV (CTV), today announced that ABC Commercial has partnered with Amagi to la...
23/12/2024
Digital Alert Systems Vice President of Global and Govern...
Digital Alert Systems, the global leader in emergency communications solutions for media providers, today announced that Ed Czarnecki, the company's vice pr...
23/12/2024
New Matthews Multipurpose Adapter for Moving Lights
Matthews Studio Equipment, known for the heftiest hardware, has a new solution to simplify mounting live production moving lights to standard grip equipment. Th...
23/12/2024
Matthews Studio Equipment Debuts RoadBags
Matthews Studio Equipment expands its trusted Road-line with the launch of RoadBags, durable fillable sandbags available in three sizes. Whether in the studio o...
23/12/2024
Sport Lisboa e Benfica Enhances Stadium Communications wi...
Sport Lisboa e Benfica, one of Portugal's most prestigious football clubs, has partnered with Clear-Com to upgrade the communications system at the Est dio...
23/12/2024
Black Box at Hamburg Open 2025
At stand B6.734, Black Box will showcase its Emerald KVM-over-IP solution, which enables smarter studio control with secure remote access from anywhere, along...
23/12/2024
OOONA Partners with Audio Description Associates
OOONA, a leading provider of professional management and production tools for the media localization industry, announced today a partnership with Audio Descript...
23/12/2024
Dunk The Halls: ESPN Refines Animated Altcast Tech and Ops with a Helping Hand From Mickey and Minnie
Dunk The Halls: ESPN Refines Animated Altcast Tech and Ops with a Helping Hand F...
23/12/2024
Leading Through Change: In Conversation with Michal Masset, Chief People Officer
With the holiday season in full swing, we are delighted to bring you a special digital event, Leading Through Change with Technicolor Group's Chief People O...
23/12/2024
Netflix Kicks Off NFL Christmas Games: Behind the Scenes With the Streaming Giant and Its Production Partners
Netflix Kicks Off NFL Christmas Games: Behind the Scenes With the Streaming Gian...
23/12/2024
Friendly Confines Go Frozen: TNT Sports Augments 2024 NHL Winter Classic Coverage With NHL DataCast Powered by AWS, NHL in ASL Alternative Offerings
Friendly Confines Go Frozen: TNT Sports Augments 2024 NHL Winter Classic Coverag...
23/12/2024
ESPN's Tina Thornton on Producing The Simpsons Funday Football, Upcoming Dunk the Halls Alternative Broadcast on Christmas Day
ESPN's Tina Thornton on Producing The Simpsons Funday Football, Upcoming Dun...
23/12/2024
Dunk The Halls: ESPN Refine Animated Altcast Tech and Ops with a Helping Hand From Mickey and Minnie
Dunk The Halls: ESPN Refine Animated Altcast Tech and Ops with a Helping Hand Fr...
23/12/2024
NFL Christmas Gameday Live Comes to Netflix With Blimps, Hot Cocoa Trucks and Two Superstar Performances
Back to All News NFL Christmas Gameday Live Comes to Netflix With Blimps, Hot C...
22/12/2024
News Corp Announces Agreement to Sell Foxtel to DAZN for Enterprise Value of A$3.4 Billion
News Corp Announces Agreement to Sell Foxtel to DAZN for Enterprise Value of A$3...
22/12/2024
Netflix Showcases Global Anime Hits and New Releases at Jump Festa 2025
Back to All News Netflix Showcases Global Anime Hits and New Releases at Jump Festa 2025 Entertainment 22 December 2024 GlobalJapan Link copied to clipboar...
21/12/2024
L3Harris Thrusters Position NASA Probe for Closest Approaches to the Sun
Artist's concept of the Parker Solar Probe spacecraft approaching the sun. Credit: NASA/Johns Hopkins APL...
21/12/2024
Dallas Mavericks Roll Out New Streaming Platform
DALLAS and NEW YORK The NBA's Dallas Mavericks, working with Endeavor Streaming, Softtek and the NBA, have launched an official streaming platform for MavsT...
21/12/2024
Former FCC Chair Expresses Concern' Over Musk's Influence
As tech billionaire Elon Musk takes an increasingly high-profile policy role in the incoming Trump administration, a former Federal Communications Commission ch...
21/12/2024
Gray Media Renews Comscore Measurement Deal
RESTON, Va. Comscore has announced that it has renewed and expanded its measurement deal with Gray Media....
21/12/2024
Sinclair, Gray Media to Broadcast Columbus Blue Jackets NHL Games
The Columbus Blue Jackets, Sinclair and FanDuel Sports Network have signed a deal that will allow Sinclair and Gray Media stations in select markets to simulcas...
21/12/2024
Our Favorite Songs of 2024
Our Favorite Songs of 2024 Explore a playlist featuring some of the top songs of the year, as picked by members of the Berklee community. By Tara Bellucci De...
21/12/2024
Berklee Wrapped 2024: Our Top News and Stories
Berklee Wrapped 2024: Our Top News and Stories Take a look at some of our best stories of the year, including announcing our next president, hosting Andr 300...
21/12/2024
Alumna Allison de Groot Awarded 2024 Steve Martin Banjo Prize
Alumna Allison de Groot Awarded 2024 Steve Martin Banjo Prize De Groot, a former student of the American Roots Music Program, was recognized for her unique so...
20/12/2024
Thinking of Launching a Podcast? Let Our New Guide Show You How
Podcasting has become one of the most popular ways to tell stories and connect with audiences, but getting started can be intimidating, especially when it comes...
20/12/2024
2025 Sundance Film Festival Reveals 92 Projects for Feature Film and Episodic Programs
Top L-R: The Legend of Ochi, Rabbit Trap, East of Wall, Seeds Center Row L-R: Re...