Industry Views

MONDAY MEMO: Retire a Sales Kit Cliché

imBy Holland Cooke
Consultant

If it’s not too late for a New Year’s resolution: No more pictures of studio equipment.

Do your sales promotion material and/or your station website and/or social media graphics have a photo of a studio console? A microphone? Towers? Is that supposed to impress prospective advertisers?

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To them, how-we-do what-we-do is MUCH less interesting than who consumes our work. What does your prospect sell? Show them pictures of people who buy that, our listeners.

Equipment worth showing: Devices people use to consume our work. Depict the target demographic in-car, and interacting with Alexa, and using the station app, and scrolling the station’s Facebook, etc. And, yes, show microphones, in studio shots of local talent, which will distinguish you from robotic competitors.

Holland Cooke (HollandCooke.com) is a consultant working the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke and connect on LinkedIn

Industry Views

CES: It’s a Wrap!

By Holland Cooke|
Consultant

imAt my very first “Consumer Electronics Show” they were showing-off VCRs. Back to the future. What we have witnessed this week is less about things than experiences.

No better example: The keynote by Delta Airlines CEO Ed Bastian, in the spectacular Las Vegas Sphere, a bucket-list venue. Google it. Like the Consumer Technology Association, Delta Airlines is celebrating its 100th anniversary; and neither are in business-as-usual mode.

Two days after her Golden Globes Lifetime Achievement Award, Viola Davis co-hosted Bastian’s remarkable multimedia presentation, which ended with a Lenny Kravitz set. Tom Brady was there too. He’s a Delta “strategic advisor,” and will host a new show on the airline’s inflight entertainment system; which will also feature exclusive commercial-free YouTube video.

Delta is using Artificial Intelligence to personalize passengers’ travel door-to-door; including Sky Miles points for Uber rides and Uber Eats, coming soon. Here’s more on his extraordinary presentation, and the airline’s strategy for forging relationships with – rather than merely transporting – their customers: https://news.delta.com/delta-soars-centennial-year-game-changing-innovations-ces-2025

What this means to broadcasters and podcasters? Be more than one of listeners’ – and advertisers’ – MANY choices. Engage them. Entertain them. Know them better and they’ll use you more.

For more on CES2025, hit HollandCooke.com, where I have archived my weeklong radio coverage, and this week’s TALKERS columns.

Holland Cooke is a consultant working the intersection of broadcasting and the Internet. Follow HC on X @HollandCooke and connect on LinkedIn

Industry Views

Fair Game, Not Free Game: Navigating the Limits of Fair Use

By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

imIn 2016, YouTubers Ethan and Hila Klein of H3h3 Productions were sued by Matt Hosseinzadeh for copyright infringement after they used portions of his video in their reaction content. The court ruled in their favor, emphasizing that their use was transformative, added commentary, and didn’t harm the original’s market value. This case set a precedent for content creators regarding the use of existing works in commentary and criticism within their own works in the digital era.

THE BIG QUESTION: How much can one use of someone else’s work before it becomes infringement?

For spoken-word creators, this ruling underscores the key principles of fair use: if your work critiques, comments on, or transforms the original content in a meaningful way, it’s likely protected. This is much more the focus than the exact amount of seconds being used. For example, using brief clips of an interview or viral moment to dissect cultural trends or add satire aligns with these protections. Even longer clips align, if they are balanced by original commentary that requires the used clips in order to fully understand the commentary.

However, creators must tread carefully. This permission is not universal or even the default. Overusing original material or failing to add substantive commentary risks crossing the line into infringement and the Fair Use defense may not succeed. The key takeaway? Be transformative and intentional – your voice and perspective are what make your work defensible under fair use.

Media attorney, Matthew B. Harrison is VP/associate publisher, TALKERS; Senior Partner, Harrison Media Law; and executive producer, Goodphone Communications.  He is available for private consultation and media industry contract representation. He can be reached by phone at 724.484.3529 or email at matthew@harrisonmedialaw.com

 

Industry Views

CES REVIEW: In-car Could Cost Ya

By Holland Cooke
Consultant

imHello from Las Vegas, where much of what’s up at CES is technology-on-wheels.

VW is adding AI. We have become accustomed to barking voice commands at the dashboard, and now Volkswagen brings ChatGPT along for the ride. The 2025 VW Jetta features “Plus Speech with AI” service. Converse with the cloud for what you need to know! Eyes-on-the-road has gotta be safer than sharing attention with distracting console screens that are looking more-and-more like television.

CESThis will be a subscription service. And THAT seems to be the real story. Ford did a U-turn after the outcry over their plan to remove AM radio; and legislation broadcasters asked for didn’t make the cut before the 118th Congress adjourned.

Automakers get paid by SiriusXM if you subscribe at the end of your free introductory offer. BMW walked-back plans to charge $80 a year to use Apple Car Play. But – in several other countries – they’re charging $18 a month for heated seats! Could automakers soon charge for AM/FM? Stay tuned.

Meantime, broadcast radio still clings to king-of-in-car status, but the newer the car the harder it can be to find it among so many audio options in the new-tech dashboard. Listeners will, if you’re giving them something relevant/timely/useful/engaging that they can’t get anywhere else, and you deliver at the speed of life. Ditto for podcasters.

As I have in past years, I am offering TALKERS readers daily 60-second CES reports for air all this week. Simply download each report from HollandCooke.com the night before. No charge, no paperwork, no national spot.

Holland Cooke is a consultant working the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke and connect on LinkedIn

 

 

Industry Views

CES REVIEW: Nuance is Your Brand’s Enemy

By Holland Cooke
Consultant

imThe sheer volume and velocity of information at CES is intimidating. But in neon-drenched Las Vegas, info-overload is business as usual. So cutting-through the clutter is table stakes. MGM Grand offers “Your Access to Excess.” What does your station or your show or your podcast offer?

CESIn a crowded, well-catered “CES Unveiled” exhibit hall opening night, each booth had only a glance to stop us in our tracks. Think elevator speech on steroids. In one succinct sentence fragment tell me why I want to stop walking to know more. Among examples:

• Switchbot is “The world’s first multitasking household robot.”

• Atmos Gear has “the world’s first electric skates.”

• Sport Neo is “the first online bank dedicated to sports. Swipe for savings, score for your passion.”

• I would’ve strolled right past Xpeng Aeroht if it wasn’t “the world’s only aircraft that can fit into a car’s trunk.”

• The Litheli Easysurge is “redefining the battery-powered lawnmower;” and the affable rep had my attention when he said “100-minute run time,” double what mine does.

• LiquidView digital windows play 8K video, “24-hour views of an expanding global content library.”

• Roam is “like a Sodastream that fits in the palm of your hand.”

If you’re a music station, Christmas is over. If you’re a talk station, he won. What else ya got for me? Podcasting? Who isn’t? Tell me, in less than a sentence, what listening will accomplish for me. No station-centric slogans or other clichés allowed.

As I have in past years, I am offering TALKERS readers daily 60-second CES reports for air all this week. Simply download each report from HollandCooke.com the night before. No charge, no paperwork, no national spot.

Holland Cooke is a consultant working the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke and connect on LinkedIn

 

 

Industry Views

Lessons for Talk Media in CEO Murder

By Renee Kohanski, M.D.
Psychiatrist

Dr Renee KThe horrific murder of UnitedHealthcare CEO Brian Thompson at the hands of Luigi Mangione at the end of 2024 was a wake-up call for the talk media industry.

There is widespread deep and growing distress in America over our devolving health care system and it is manifesting national RAGE.  Regardless, neither the conversation sparked by the 2024 election nor talk radio and its related media platforms that same year gave the situation its due.

As a working member of both the health care (practicing physician) and talk media (podcaster and guest) communities, I say it is time that we approach this subject with the focus and urgency it demands.

Hippocrates says First Do No Harm. There is something horribly wrong in the areas of medicine in general, psychiatry in particular, and man versus man at large. This emerges in the bigger picture of a devolving society that can no longer articulate even its basic core values.

In medicine and psychiatry (for starters), we have shifted the individual’s experience as a respected and valued patient to a worthless cog in a faceless, monstrosity machine. We have morphed from a field of involved healthcare professionals to corporate drones in a healthcare system.  Our family physician, who smacked our behinds to get us breathing as we entered the world, is now some nine-to-fiver who may or may not remember to run a stethoscope across our chest to hear a heart sound. Don’t forget your prescriptions on the way out the door at the end of your six-minute visit and remember to dial 911 or go to your nearest emergency room if you have a true emergency.

Twisted sociological fallout: In our unabashed ignorance, a disturbingly significant segment of the population has the gall to the think some head of a major insurance company is to blame for all this or that a cold-blooded killer, who may possibly also be suffering from a major mental illness, could – in some alternate universe – be a hero. Let’s all wake up and stop pretending this is normal or okay.

Mind you, it’s not that it’s all doom and gloom, but there’s no denying the radical shift in the entire construct of the rapidly disappearing patient-doctor relationship. We are now part of a Borg-like amorphous healthcare system that doesn’t necessarily think the needs of its individual patients are paramount.

Communcations prescription: In the talk media space, we must address the public’s spiraling rage over this brewing infection by increasing the dose of conversation and enlightening information so evidently needed. We missed that opportunity in 2024.

Renee Kohanski, M.D. is a practicing general and forensic psychiatrist in New Jersey and Connecticut. She is a Diplomate of the American Board of Physicians and Surgeons, the National Board of Physicians and Surgeons, and serves as a Director for the Association of American Physicians and Surgeons.  She is a longtime talk media expert guest, and her medical podcasts are available on Spotify.  To contact Dr. Kohanski or arrange for her to appear as a guest, she can be reached via email at wellness@rkdoctor.com.

 

Industry Views

Welcome to 2025 – Expect the Unexpected

By Michael Harrison
TALKERS
Publisher
imWelcome to 2025… TALKERS 35th year!  Everything seems to be moving faster and faster as we hurtle deeper into the 21st century and what is turning out to be a “brave new world” even for Gen-Z.   Each year at this time, I am invariably asked by broadcasters, reporters, and friends, “What do you think we’ll be talking about in the new year ahead?”  And each year I give the same answer:  THE UNEXPECTED.

No doubt, there will be a continuation of the talk show “hit” topics. Anyone can predict that.  But every year – and certainly within the four-year cycle of new presidential administrations – completely unexpected things happen to turn the focus of conversation on its ear and banish our content obsessions instantaneously obsolete.

It is unwise and counterproductive for media practitioners in the business of sharing opinion and seeking truth to become overly “invested” in the tenets, issues and theories that brought us to this point.  For example, the science establishment (in both academia and media) is currently going through conniptions dealing with the growing possibility that the amazing James Webb Space Telescope is making a growing case for the possibility that they’ve been WRONG about the Big Bang, the age of the universe, String Theory and all kinds of notions that generate grant money and upon which reputations have been built for the past century!

Short term memory and shrinking attention spans collectively contribute to increasingly fuzzy long-distance viewing. You don’t hear much talk about “futurism” anymore.  Our society’s inability to track even recent events (let alone long-term actual history) deteriorates its ability to envision analysis, causes, and effects too far forward.  Dimness goes in both directions.

Happy New Year.  Be prepared!

Michael Harrison is the publisher of TALKERS.  He can be reached via email at michael@talkers.com or 413-565-5413.

 

 

Industry Views

MONDAY MEMO: “Tomorrow’s Tech 2025”

By Holland Cooke
Consultant
imHello from fabulous Las Vegas, where the faded Tropicana is now a heap of rubble holding space for the Las Vegas Athletics stadium; and where SO much else here changes between visits. There is just too much do-re-mi at stake for this place not to continue to strive to surprise and satisfy, and keep ya comin’ back for more… which is also the ballgame for broadcasters and podcasters.

CES

What began 100 years ago as the Radio Manufacturers’ Association evolved into the Consumer Electronics Association, then morphed into the Consumer Technology Association. This week’s event is still called “CES,” but what’s happening here is less about electronics technology things than now we experience our lives.

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CES2025 began with its perennial research presentation, the deck you can see at https://www.ces.tech/techtrends2025. Even without yesterday’s live narration by CTA’s Brian Comiskey and Melissa Harrison, this information is a real whack-on-the-side-of-the-head.Compose, offer, and deliver your work accordingly, or suffer diminishing returns.

As I have in past years, I am offering TALKERS readers daily 60-second CES reports for air all this week. Simply download each report from HollandCooke.com the night before. No charge, no paperwork, no national spot.
Holland Cooke is a consultant working the intersection of broadcasting and the internet. Follow HC on Twitter @HollandCooke and connect on LinkedIn

Industry Views

SABO SEZ: Doom Not Required

By Walter Sabo
A.K.A. Walter M Sterling, Host
Sterling Every Damn Night, WPHT, Philadelphia
Sterling On Sunday, TMN

Walter M. Sterling

As a consultant for about 25 years, I witnessed the full range of skill levels in the C-Suite. Bob McAllan of Press Broadcasting was at the top of the food chain because he had a consistent, passionate message: “We have to be number 1.”  He was an owner of million+ cumer New Jersey 101.5; WTKS FM, Orlando; and other envied stations. He had to be number 1. He never blinked. No participation trophies with Bob.

Shockingly many other GMs and CEOs do not mimic Bob’s war cry – number 1. Many, too many, executives responsible for AMs just gave up… as early as 1988. In 1988, I worked with a GM who was running a big station in a big city who constantly told me that his number 1 station would just have to die because it was on AM. Damn it, he would do everything to prove AM’s death was inevitable.

He was not alone. Over and over I have encountered owner/managers who refuse to invest or even pay attention to their full- market signal AM stations. (Even some FM managers when asked if they want to be number 1 have actually said to me, “I’m not sure.” Why come to work?)

If an AM station has listed cume, it can grow. Examples:

WSB AM, Atlanta was sinking from dominance to a mid-level performance. COX radio hired top consultant Greg Moceri in 1995 to improve WSB’s performance. Moceri and, the more recent arrival, PD/ND Ken Charles‘ focus and passion since then has brought WSB back to dominance. Dominance.

When John Catsimatidis bought WABC it was an almost dead, seriously abused station. It had a 1.7 share. John brought local shows, fun promotions, and pizza to the hallways. Recently WABC, under the guidance of John and Red Apple Media and WABC President Chad Lopez, has earned a 5.0 share. 5.0 in New York City.

• David Yadgaroff Audacy market president and Greg Stocker brand manager of WPHT-AM, Philadelphia air local live 80% of the day. When my show, “Sterling Every Damn Night” launched in May, the time period was 19th in total Adults. Today, with no promotion, politics or sports, it is # 1 Persons 25-54, #1 Men 25-54. # 1 Men 18-49. (Forgive the plug but I’m making a point…)

The shared ingredients of these turnarounds:

Passionate belief in the show.

Consistent delivery of entertainment

No political agenda.

Personal note: Very happy and slightly surprised about the ratings success in Philadelphia but I am puzzled why not one industry type has asked, “What do you talk about every damn night?”

Consultant Walter Sabo A.K.A. Walter M Sterling has a nightly show “Sterling Every Damn Night” heard on WPHT, Philadelphia 10:00 pm – 1:00 am. His syndicated show, “Sterling On Sunday,” from Talk Media Network, airs Sundays 10:00 pm – 1:00 am ET, and is now in its 10th year of success. He can be reached by email at waltermsterling@gmail.com or Sabowalter@gmail.com.

 

Industry Views

MONDAY MEMO: Could you be next?

By Holland Cooke
Consultant
im

Each day’s trade press reports how station managers are being saddled with entire regions. Key daypart talent in top 10 markets is being simulcast in other top 10 markets. In 2024, WCBS disappeared entirely. KGO is long-gone. Consolidation cutbacks have been brutal, and more are inevitable.

Accordingly, nine suggested New Year’s Resolutions, smart moves if you’re still working.

1. RESOLVE to build an email list. It’s yours. You control it.

2. RESOLVE to interact with your email list. If they gave you their address to begin with, that was only the beginning. They’re your tribe. Engage them and nurture ongoing relationships.

3. RESOLVE to become more curious about your own species. Eavesdrop on real people, in line at Wal-Mart and Dunkin’ and everywhere else. When you go to renew your driver’s license, look around the room. Then…

4. RESOLVE to focus your show outward. It’s not a show about you and your life. It’s about listeners and their lives. Choose issues and topics that will confront a listener today, right now. Your goal is making phones ring. When it’s caller-after-caller, you sound popular… and advertisers notice. Screen for callers that’ll prompt responses. You’re moderating a chat room, not standing on a soap box. People now favor interactive media. Talk radio survivors will be hosts who excel at two-way radio.

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5. RESOLVE to aircheck every show. Not just to keep your resume fresh, but as a self-teaching tool. Wait two weeks before listening, to hear your work with fresh ears.

6. RESOLVE to be the sales department’s MVP. NOBODY can sell your show like you can. Heck, you might ask for more (and get it) than reps would. But even if you don’t carry a list, make yourself available to go on calls. Your on-air pitch will be better-informed and more-effective than sounding like you’re reading-copy. And listen to the retailers you meet. They have a keen sense of their customers’ issues.

7. RESOLVE to create non-radio income streams. The skill set you have as an on-air host or programmer will advantage you in many other walks of life. And remember, if you’re on-air, you enter other local industries with another advantage, your name, “a brand.” And here’s some highly recommended reading, “Making A Living Without a Job,” by Barbara Winter, whom I’ve interviewed. Consider driving Uber, if only to chat-’em-up. You’ll crush Resolution #3 above.

8. RESOLVE to save more aggressively. “Save WHAT???” you ask. Simply saving-money-you-now-may-be-spending-unnecessarily can make a big difference. The loudest sucking sound you’ll hear is coming from that plastic in your wallet. Finance charges are calculated so that you’ll never pay off your card by making the minimum payment. Got a mortgage? Refinance. Brokers are competing for your business, and you could save a couple hundred a month. How often do you eat out?

9. RESOLVE to get it together. Whatever it is that you know you should do but haven’t. Quit smoking. Get more exercise. Cut down on carbohydrates and sugary crap. Drink more moderately. Get organized at home. As Dave Ramsey says, “Sell stuff!” Move-the-ball on that kinda stuff, and you’ll be readier for what happens next.

Reminder: As announced in last week’s column here, I am offering TALKERS readers daily 60-second reports from massive, mind-boggling CES2025, for air Monday 1/6 to Friday 1/10. Simply download each report from my web site the night before. No charge, no paperwork, no national spot. If you sell a local sponsorship, keep the money. For a sample report you can use to pitch, hit HollandCooke.com.

Holland Cooke (HollandCooke.com) is a consultant working the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke and connect on LinkedIn

 

 

Industry Views

SABO SEZ: Get a New Job

By Walter Sabo
A.K.A. Walter M Sterling, Host
Sterling Every Damn Night, WPHT, Philadelphia
Sterling On Sunday, TMN

Walter M. SterlingA surprising number of talented radio stars have been fired. Never understood why this is morally sanctioned between Thanksgiving and Christmas. The spreadsheet MBAs know it’s coming, a Halloween surprise would be kinder.

These suggestions might make the path to employment faster:

• No more stigma. Every industry has had massive lay-offs and job consolidation, being fired is not a reflection on you.

• The people who will help you are those who have already hired you. A prior employer wants to be proven-right. They want to see you succeed to validate their own decision. Make the list of everyone who has hired you, and call them. Don’t text or email. Call them. Ask for ADVICE. Not a job. Advice. They know your strengths and weaknesses. Ask who they know, who  you should meet and what your approach should be.

• Present solutions, not a CV. Identify the exact company or person for whom you would like to work. What are their problems? Write down your solutions. Package it pretty. A written presentation of ideas is something an employer has to “deal with”—a CV can be filed. You don’t want to be filed, you want a meeting.

• In your meetings, demonstrate superior knowledge of the company and express nothing but joy for your prior employer.

• You don’t want a “job” you want to participate in a solution.

• Skip the job postings, those are already filled.

John Molloy’s book Dress for Success is correct. Every single word.

• Study your social network of people outside of radio. Think of all of your connections and relationships. Who do other members of your family know? You may realize that you have connections to major advertisers, community big shots, bankers, investors, ad agencies, media buyers.  Contact them and ask them for advice. You may hear, “I was at a community meeting with the president of a radio company…” Or, “We buy a lot of time on radio…”  Try it.

• Finally don’t be stupid. Post nothing. Nope, not that.

• Time off is a gift at this time of year. Embrace the moment.

Consultant Walter Sabo A.K.A. Walter M Sterling has a nightly show “Sterling Every Damn Night” heard on WPHT, Philadelphia 10:00 pm – 1:00 am. His syndicated show, “Sterling On Sunday,” from Talk Media Network, airs Sundays 10:00 pm – 1:00 am ET, and is now in its 10th year of success. He can be reached by email at waltermsterling@gmail.com or Sabowalter@gmail.com.

 

 

Industry Views

Jimmy Kimmel’s Fair Use Victory: What It Means for Content Creators

By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

imIn a recent high-profile case, late-night host Jimmy Kimmel successfully defended himself against a copyright infringement lawsuit brought by former congressman George Santos. The case, which centered on Kimmel’s use of prank videos involving Santos, highlights the ongoing importance of fair use protections for media creators, broadcasters, and digital content producers.

The dispute began when Kimmel used clips of prank videos that featured Santos as part of his comedic commentary on the “Jimmy Kimmel Live!” program. Santos alleged that Kimmel’s use of the videos constituted copyright infringement and sought damages, claiming unauthorized use of his content. However, the court ruled in favor of Kimmel, citing fair use as the primary defense. The judge noted that Kimmel’s use of the videos fell under fair use because it was transformative, used for commentary and criticism, and did not replace the original work’s market value.

This ruling has significant implications for media content creators. Fair use is a cornerstone of U.S. copyright law, allowing limited use of copyrighted material without permission for purposes such as commentary, criticism, news reporting, education, and parody. For broadcasters, YouTubers, podcasters, and other digital content creators, the Kimmel decision reaffirms that transformative use – where the original material is repurposed to add new meaning or context – is often protected under fair use.

The court’s emphasis on commentary and criticism is particularly relevant for creators who rely on existing media to produce content. For example, reaction videos, parodies, and satirical takes are common formats in digital media. The Kimmel case serves as a reminder that using copyrighted material to engage in meaningful critique or humor can fall squarely within fair use, provided the new work adds value and does not simply replicate the original.

However, this case also underscores the importance of understanding the boundaries of fair use. Creators should ensure their work meets key criteria: transformation of the original content, limited use, and a lack of negative impact on the original work’s market. While Kimmel’s team successfully navigated these elements, creators without the resources of a major broadcaster may face challenges if their work is contested.

Ultimately, Kimmel’s fair use victory is a win for free expression and creativity in media. It reinforces the ability of content creators to engage with and critique cultural moments without fear of legal repercussions, as long as their use aligns with fair use principles. For media creators navigating the digital landscape, this case provides both a legal precedent and a valuable lesson in the power of transformative content.

Media attorney, Matthew B. Harrison is VP/associate publisher, TALKERS; Senior Partner, Harrison Media Law; and executive producer, Goodphone Communications.  He is available for private consultation and media industry contract representation. He can be reached by phone at 724.484.3529 or email at matthew@harrisonmedialaw.com

 

Industry Views

MONDAY MEMO: I’ll Be On Assignment For You at CES

By Holland Cooke
Consultant
im

If you work in radio, you are painfully aware that Artificial Intelligence is changing our lives. Ironically, AI will be the big story at the mega-event presented by what began 100 years ago as the Radio Manufacturers’ Association. Since then, it evolved into the Consumer Electronics Association, now the Consumer Technology Association. So – although next month’s extravaganza is still nicknamed “CES” — we are under strict instructions NOT to call it the “Consumer Electronics Show” anymore.

Yes, there will be acres and acres of gadgets in a Las Vegas Convention Center so sprawling that – if you want to get from one end to the other — Elon Musk will give you a free ride, underground. He has a hundred Teslas zipping through a tunnel his Boring Company is… boring. Picture a high-tech Batcave. Ultimately, they’re planning 93 stations across 68 miles of tunnel linking the Strip, downtown, and elsewhere. These cars have drivers… for now.

 

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Some 150,000 of us, from 155 countries, will be swarming in Sin City to celebrate the obsolescence of what was shiny-and-new last year, and to see new game-changers unveiled. Not just things. Think experiences, like Uber and Zoom and robust smartphone video, which 4G enabled. With 5G we got remote surgery, precision agriculture, and interactive live events. 6G? Stay tuned.

HERE’S THE COOL PART: So, as I have in past years, I am offering TALKERS readers daily 60-second CES reports for air Monday 1/6 to Friday 1/10. Simply download each report from my website the night before. No charge, no paperwork, no national spot. If you sell a local sponsorship, keep the money. For a sample report you can use to pitch, hit HollandCooke.com.

Holland Cooke (HollandCooke.com) is a consultant working the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke and connect on LinkedIn

 

Industry Views

Vince Benedetto is this week’s Guest on Harrison’s “Up Close Far Out” Discussing the Leadership Qualities of Winston Churchill

Vince Benedetto – founder, president and CEO of Bold Gold Media Group – is this week’s guest on the TALKERS MEDIA YouTube video series, “Up Close Far Out with Michael Harrison.”  In addition to being a radio industry rising star among the ranks of ownership, Benedetto is an accomplished history buff. The focus of the conversation is a character study of legendary British Prime Minister Winston Churchill. The discussion draws lessons and parallels for a better understanding of the demands of leadership in modern times.  Bold Gold Media Group owns and operates 15 broadcast radio stations throughout Pennsylvania and New York.  Benedetto started the company and acquired his first four radio stations at the age of 29.  This remarkable young man is a graduate of the United States Air Force Academy, a former Air Force Captain and Air Force OSI Special Agent, where he worked on counterintelligence, counterterrorism and felony level investigative efforts for the Department of Defense.  With a desire to be a media entrepreneur, Vince separated from the Air Force in his late 20s and formed Bold Gold, where his growing portfolio of radio stations has become a leader in social and digital media engagement. Benedetto serves as the chairman of the board of the Pennsylvania Association of Broadcasters (PAB).  He is a member of the Radio Advertising Bureau’s ‘Sales Advisory Committee’ (SAC). He also serves on the Board of Directors of the International Churchill Society (ICS) and is president of the Churchill Society of Pennsylvania. Don’t miss this illuminating conversation about vital American/world history and its connection to the most important character issues of modern times. To view the video in its entirety, please click here.

 

Industry Views

Why Teasing Isn’t for Every Talk Show Host

By Russ Ray Rollins
Host of Monsters in the Morning
Real Radio 104.1 FM, Orlando

Russ RollinsAfter over three decades as a talk show host, I’ve come to appreciate one essential truth about this industry: there’s no one-size-fits-all formula for success. Program directors, executives, and consultants often believe their advice applies universally, but experience has taught me otherwise. The reality? Not every tip or trick works for every host—or every audience.

One of the most debated techniques in talk radio is the “tease”- that carefully crafted promise of what’s coming next. Let me be upfront: I stopped listening to other radio hosts years ago. Not because I don’t respect or enjoy their work, but because I found myself inadvertently borrowing their ideas. It’s a slippery slope when you admire the craft so deeply.

That said, a while back, I broke my own rule and tuned into a show that had an intriguing topic. They had me hooked – until the host abruptly went to break with, “Coming up next, a representative from the Central Florida Humane Society will be in to talk about the kitten population.” And just like that, I was out. I changed the station and never returned.

Here’s my hot take: I hate the art of the tease.

Over the years, I’ve had countless consultants and program directors insist, “Russ, you have to tease your next segment!” My response? “No, I don’t.” Here’s why:

A “Tease” Can Be a Turnoff

Sometimes the next segment, by title alone, doesn’t sound exciting—but we can make it fun. A dull-sounding topic doesn’t mean the content itself won’t surprise and engage listeners. Forcing a tease risks losing people before we even get the chance to surprise them.

• Radio is About Being in the Moment

What if I don’t know exactly what’s coming next? Talk radio thrives on spontaneity. Some of the best segments are born during the break—fresh, unfiltered, and relevant to what’s happening in real-time. Why box myself in with a tease that may no longer fit the moment?

• The Sponsored Segment Conundrum

Let’s be honest: not every segment is a home run. Sponsored content or sales-driven segments are part of the job, but they’re rarely the most engaging part of the show. A forced tease in these cases feels insincere, and listeners can tell.

The hosts I’ve always admired – legends like Ron & Ron, Jim Philips, and Howard Stern – didn’t rely on teases to keep me tuned in. I stayed with Ron & Ron out of loyalty. I listened to Jim Philips because I wanted to know what had him fired up that day. I followed Howard Stern because I couldn’t wait to hear the next crazy thing he’d say. None of them felt the need to force-feed a tease.

That’s not to say teases don’t work for some hosts. I’ve heard great teases that kept me glued to the dial. I’ve even used them myself when it made sense – but only when it felt authentic. The problem arises when consultants push the idea that a tease is mandatory in every break.

Talk radio is a deeply personal medium. It’s about connecting with your audience in a way that feels genuine. A great host knows their strengths and plays to them, even if it means breaking the so-called rules.

So, to my fellow talk show hosts: take the advice of consultants and program directors with a grain of salt. What works for one show might not work for you. And if you’re like me, don’t be afraid to ditch the tease. Sometimes, the best way to keep your audience engaged is to simply be yourself.

 

Russ Ray Rollins is the longtime host of the successful ensemble show, “Monsters in the Morning” heard on Real Radio 104.1 FM, Orlando.  He can be emailed at russrollins1@me.com.

 

 

Industry Views

MONDAY MEMO: “Dear Santa…”

By Holland Cooke
Consultant

imYour topic is often plucked from the on-hour newscast, asking callers’ take on what you reckon to be top-of-mind and relevant to listeners you target.

And as I have recommended here previously, it’s always useful to give ‘em a second reason to call. Hosts I coach pose a “Bonus Question,” generally something less controversial, softer, and (if you dare) fun.

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Examples, evergreens that have lit-up the lines for hosts I coach:

• Dating co-workers” (Every workplace has one poorly-kept secret.)

• Your biggest gripe about where you work?” (“No names!”)

• What is the one thing about your spouse you would change?”

• Talking your way out of traffic tickets”

• Your least favorite song?” (An alert producer can quickly search YouTube and play a portion.)

Now – as it’s beginning to look a LOT like Christmas – many shoppers are short on ideas (and do-re-mi). So, consider asking for cool stocking stuffer suggestions. And don’t be surprised when callers answer your Bonus Question first (or don’t even weigh-in on topic du jour).

Holland Cooke (HollandCooke.com) is a consultant working the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke and connect on LinkedIn
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Industry Views

MONDAY MEMO: Leftovers

By Holland Cooke
Consultant

im

Turkey gets a bum rap. The bird, not the country. We shouldn’t typecast it as a perennial entrée. Turkey is a lean protein packed with B vitamins and other essential nutrients. And it’s more budget-friendly than other meats, particularly this week, as supermarkets deep-discount frozen birds that’ll keep for a long time. But four days after Thanksgiving, you may feel turkey’d-out.

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As cable channels now rerun movies we eagerly re-watch this time of year, one FM station seems more special than the others. Listeners opt-into enchantment, and advertisers appreciate it, especially this year, as a late Thanksgiving truncates the traditional brick-N-mortar retail shopping season.

With broadcast radio now largely an in-car appliance, picture the listener pushing buttons, giving each just one second to earn Time Spent Listening amidst the hustle and holiday bustle. One button serves November 5 leftovers, about “them.” The other button is an appetizer for December 25, when – if only fleetingly – we’re all “us.”

Whichever button you are, try this: Hang a strip of jingle bells in the studio, or set-up a SFX hotkey. Give it a yank at some fixed position each half hour, possibly as you announce the present temperature at the end of the weather forecast. Not only is it cheery, it’ll demonstrate that – unlike robotic competition – you’re live-N-local.

Oh, and about that carcass in the fridge: One of my neighbors, a food blogger of some repute, recommends transforming it into yummy Turkey Tetrazzini. Google recipes.

Holland Cooke (HollandCooke.com) is a consultant working the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke and connect on LinkedIn

Industry Views

Local “Ink-stained Wretch” is This Week’s Guest on Harrison Podcast

GMD and MHLegendary journalist and all-around local media hero in Western Massachusetts, G. Michael Dobbs, is this week’s guest on the award-winning PodcastOne series, “The Michael Harrison Interview.”  Harrison states, “Western Mass is a special place I’ve called home for the past 40 years. Although I have had several simultaneous homes in different parts of the country during this stretch of time, the Springfield, Massachusetts area has played a very important role in my life.  And in this beautiful, ‘salt of the earth’ segment of America, my guest is well-known to just about all its civically, socially and politically active citizens. His half-century career has been a testimony to the power and importance of local media… which, as we all know, is rapidly becoming an endangered species.”  After decades of service, the recently retired executive editor of Reminder Publishing, continues his multi-faceted career in mass communications. Harrison comments, “I’m not sure he understands the meaning of the word retirement.” In his no-frills-down-to-the-basics career, Dobbs has worked as a newspaper reporter and editor, freelance writer, radio talk show host, college instructor and was the editor of two nationally distributed magazines about animation. He has written seven books to date and continues to write as well as appear as a host for Focus Springfield cable television. Harrison adds, “He has covered hundreds of school board and city council meetings; conducted thousands of interviews with local leaders; knows just about everything involved in how local government operates; and is an expert on cigars, brandy, old films, cartoons, comics, and even strippers.  He’s an amazing guy and a quintessential example of the tremendous importance of local, grassroots journalism in sustaining and preserving American freedom and democracy.”  The conversation with Dobbs started out with Harrison appearing as a guest on the media practitioner’s local podcast titled, “The Ink-stained Wretch with G. Michael Dobbs.” But, according to Harrison, “The conversation went deep into some very meaty material, so I decided to dip into it and extract some content for my own podcast.” To listen to the podcast in its entirety, please click here.

Industry Views

MONDAY MEMO: Gobble-Gobble

By Holland Cooke
Consultant

imThanksgiving is days-away, but listeners are already groaning with emotional indigestion. Consider empathizing – and recognizing common optimism — with a promo such as the following, now airing on my client stations:

2024 has been… a lot. Busy days, one-headline-after-another… so many voices, so much noise. So now… let’s pause. Let’s… exhale, together. On Thanksgiving, let’s do… that. Savor the quiet moments with family and friends. Because every gathering is a moment worth celebrating. We have lots to look forward to. Happy Thanksgiving, from our [call letters or company name] family to you and your family.

im

Tip for the station’s imaging voice: Sound “Thanksgiving.” Make “eye contact,” zero “sell.”

Better yet: local DJ/host/news voices, each reading a line.

Holland Cooke (HollandCooke.com) is a consultant working the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke and connect on LinkedIn

Industry Views

SABO SEZ: How to Get a Job

By Walter Sabo
A.K.A. Walter Sterling, Host
Sterling Every Damn Night, WPHT, Philadelphia
Sterling On Sunday, TMN

Walter M. SterlingChris Licht was executive producer of the Steven Colbert show. Then he took the job of CEO of CNN. There was unpleasantness. Thanks to our shared position on the Newhouse School Advisory Board at Syracuse University, I learned how he is advancing his career while seeking the right job.

Chris isn’t brushing up his CV or tracking down references, he is taking a strategic action that will enhance his career and his life!

Everyday he cold calls people he would like to meet or talk to. He reaches out to executives and decision makers at all levels of corporate decision making. Yes, dozens of people are happy to meet him, talk with him and share the introduction. It’s mutual. Chris thinks the people he is calling are powerful, useful, smart, positive. They also think the same of Chris. There is no downside or risk to this adventure.

No, he doesn’t pitch them for a job. He doesn’t have to. The “pitch” is in the call, the conversation, unspoken. After the call, Chris is top of mind to another decision maker, another ally, another peer. PEER.

Licht says he has contacted about 150 people who have become new friends, new colleagues.  He might take a job with one of them, but more importantly when he does accept a new position he will have a new, sizable network of pros to help him achieve his goals

 
Consultant Walter Sabo A.K.A. Walter M Sterling has a nightly show “Sterling Every Damn Night” heard on WPHT, Philadelphia 10:00 pm – 1:00 am. His syndicated show, “Sterling On Sunday,” from Talk Media Network, airs Sundays 10:00 pm – 1:00 am ET, and is now in its 10th year of success. He can be reached by email at waltermsterling@gmail.com or Sabowalter@gmail.com.

Industry Views

MONDAY MEMO: Phone-it-in

By Holland Cooke
Consultant

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Pick a market, any market, in which one local TV station’s newscasts crush the competition. Experience that station’s – and its competitors’ – smartphone apps. You will find the winner’s app more helpful and user-friendly that competitors’ apps.

Nine-in-ten Americans own a smartphone, up from 35% in Pew Research Center’s first such survey in 2011.

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So, although not mathematically in-tab to ratings, online content contributes to on-air numbers. Local TV’s linear broadcast product earns your trust, and the station empowers you with on-demand convenience. It won’t confine its use case to living room consumption, and radio shouldn’t settle for in-car + listen-at-work.

Chunks

That TV station likely live-streams its local newscast, just as radio station apps play what’s sent to the transmitter. And in my experience, radio station apps that autoplay when launched get more traffic than apps that ask you to click more than once to listen live. No need to explain portability to Baby Boomers who are lifelong AM/FM listeners, and whose first radio fit in the pocket (and whose annual USA retail spend is a demographically disproportionate $548.1 billion). And anyone younger already lives on a smartphone.

TV has a head start fitting its work into the phone, because 6:00 and 11:00 pm newscasts are already stacks-of-stories, easily repurposed online as short, searchable, single-topic videos. But too often, a news/talk radio station’s on-demand content is merely hourlong airchecks, not the moment within that hour that somehow enables listeners. Got “three ways to avoid [dilemma]” or “…to save big on___?” If you isolate those clips for easy access on apps, use your air to say it’s there, and link that mp3 to your social media, it gets shared, and you earn more Time Spent Listening.

Another opportunity to make the audience the show.

Recently, one of the stations I monitor had a technical glitch with its text system. Normally, listeners can use that same call-in number to text OR send a voice text. But for several days, the text function malfunctioned, so hosts explained that listeners could leave voice messages, and what they got was GOLD.

“Use the QR code on your screen…”

Another TV advantage. Radio doesn’t have a screen, but should put its QR code everywhere it can. Link it to your app install.

Holland Cooke (HollandCooke.com) is a consultant working the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke and connect on LinkedIn

Industry Views

Jim Bohannon Tribute Podcast Posted on TALKERS MEDIA YouTube Channel

November 12 marked the second anniversary of the passing of legendary Westwood One syndicated radio talk show host Jim Bohannon who, after waging a brave battle, succumbed to esophageal cancer in 2022. Bohannon’s stellar career in radio covered a span of almost 63 continuous years during which he was honored with just about every award the industry has to offer including induction in the Radio Hall of Fame, the NAB Broadcasting Hall of Fame, and the Missouri Broadcasters Hall of Fame. He is a recipient of the Radio Television Digital News Foundation’s Lifetime Achievement Award as well as the TALKERS Lifetime Achievement Award (which has subsequently been renamed in his honor). TALKERS publisher Michael Harrison conducted the final interview ever recorded with Jim Bohannon one month before the talk show giant’s passing. In it, the two friends and broadcasting industry colleagues engaged in a heartfelt, remarkably candid conversation about life and death, in addition to sharing observations about the changing state of radio. Reflecting on that interview, Harrison states, “For all his accomplishments on and off the air, what I remember most about Jim was the sheer bravery and good-natured wisdom that he publicly displayed during the final months, weeks, and days leading up to his death in 2022. We capture that intimacy and spirit in this interview.” Harrison adds, “Jim Bohannon’s life and work embodied the absolute best aspects of talk radio’s modern era.”  In recognition of the second anniversary of Jim Bohannon’s passing, this new podcast episode honoring the great radio star consists largely of that final interview along with a general remembrance of his outstanding career and legacy.  It has now been posted on the new TALKERS MEDIA YouTube channel.  To listen to it, please click here.

Industry Views

MONDAY MEMO: Optimize Your Brain

By Holland Cooke
Consultant

imDo you wish you could get in just one more hour of focused work… but your brain won’t cooperate? You’re not alone.

21st century productivity – especially for those of us in talk media where the action never stops – demands that we work against the way we’re wired. “For the brain to produce work of quality,” physician and neuroscience researcher Dr. Mithu Storoni says, “it needs to work in its own way.”

She observes how we’re expected to solve problems as though we’re feeding an industrial-era conveyor belt. But ideas can’t be manufactured in assembly-line fashion. Her solution? Rather than imposing the rhythms of work on our brains, we should impose the rhythm of our brains on our work.

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Simple tips from her book, Hyperefficient: Optimize Your Brain to Transform the Way You Work:

Keep shifting gears. Our brains function like a car’s engine, different gears for different mental challenges. We’re better-off doing short bursts of intense work followed by longer periods of light work.

• Take a walk. Have you noticed that you have some of your best ideas when you do? Sitting upright in an office chair staring at a computer doesn’t let the mind wander.

Coffee is a friend. Storoni finds “no evidence that caffeine ingestion upon waking is somehow responsible for an afternoon ‘crash’ — or that delaying consumption would somehow prevent this if it did occur.”

Tech can be a foe. Screens are making us jittery. The quantity of information they deliver can hinder the quality of our ideas. Did you ever read an email… see red… then fire-off an ill-advised reply? And social media “has this power to distort space and time,” causing us to feel “that something we are seeing is happening now and near to us. The problem is if this event is taking place halfway around the world, you cannot do anything to make the situation better.”

Practice paying attention. “It takes some effort to focus. If I were to say, ‘Focus on that spot on the blank wall’, you’d need to work at it,” Storoni says. “Now information is cheap and attention is expensive, so everything is competing to grab our attention.”

Never ignore mental fatigue. If you do more than four hours of “mental heavy lifting” every day, Storoni says the mind can’t recover even after a night’s rest, and fatigue drags into the next day.

Holland Cooke (HollandCooke.com) is a consultant working the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke and connect on LinkedIn

Industry Views

Election Takeaways for News/Talk Radio

MH UCFO studioThis presidential election cycle provided a number of insights, revelations, and takeaway lessons for news/talk radio.  And by using the term “news/talk radio” I mean all spoken word platforms on the AM/FM dial including commercial, public, educational, and ethnic outlets that provide news, politics, and commentary.  They are all RADIO.

1. ​Conservative talk radio is legitimate. Its detractors who claim its content and opinions only address a relatively small percentage of the American public and a dying demographic are obviously misreading the tea leaves.  Conservative talk radio is big, influential, and a long-time bellwether of American public opinion.  Conservative talk radio would do much better than it already does in terms of ratings and revenue if it were supported by its preponderance of financially crippled and intestinally paralyzed owners with the resources it needs to do what it does with maximum effectiveness.  The genre should stay the course, perhaps with renewed vigor and variety.

2. The potential for liberal talk radio has never been greater in the modern era.  Opinion radio works best when it is the resistance to “big” anything – big government, big media, big business, big religion, big tech, big pharma, and big BS. There are key differences between playing cultural offense and defense in this game.  The stage is now set for the first time since the blessed repeal of the Fairness Doctrine for a tremendous resistance and galvanizing on the left side of talk radio’s commercial offerings… now that the shoe is obviously on the other foot.  This should not be executed at the expense of conservative talk radio.  There are enough dead in the water music stations out there ready for new life.  And don’t tell me about Air America.  That’s ancient and inapplicable history.  I’m a broadcaster, not a politician. The true “battleground” of today’s dynamically polarized society should and can take place to a large and healthy extent on the AM and FM dial!  At present, YouTube is eating radio’s lunch with its energetic lineup of outstanding independent liberal talk talent (as well as conservative).

3. Public radio needs to come clean. Until public radio gets honest with itself as to what it actually represents on the true spectrum of public opinion, it will not realize growth, but rather a continuing background wallpaper role in American politics and cultural relevance. A new level of self-honesty will provide public radio with the boost it so desperately needs to move in a more pertinent direction.

4. Ethnic talk radio does not represent political monoliths. Time to wake up to that obvious fact and stop with the insulting blinders and stereotypes.

5. Joe Rogan. The radio industry should never have allowed Joe Rogan and those who will follow in his footsteps to be a non-AM/FM talk show host.   Talk radio and talk media are cousins and they currently are still genetically connected.  But they are also competitors and talk radio is fighting an uphill battle in that struggle.

Michael Harrison can be contacted at michael@talkers.com. 
 

Industry Views

CLIPPING JUSTICE: Fair Use in Media Creation

By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

imLet’s continue our ongoing series of articles about fair use. A recent case highlights fair use considerations in audio media and podcasting, particularly concerning music and short audio clips used in intros, where some creators assume that brief snippets automatically qualify as “fair use.” Legal experts clarify that using a song clip, even if brief, doesn’t inherently meet fair use criteria. Courts have emphasized that fair use hinges not just on brevity but also on factors like purpose, nature, and market impact on the original work. Music clips, even short ones, are often seen as significant portions of the original content, carrying substantial value, making unauthorized use in podcasts or similar formats legally risky.

The concept of “transformative use” is crucial in fair use evaluations; content must add new meaning or context to the original rather than simply reformatting it. For instance, the landmark 2 Live Crew case involving their parody of Roy Orbison’s “Pretty Woman” underscored that transformative uses might still face challenges if they impact the original’s market value. This demonstrates that merely placing music in a new setting doesn’t automatically render it transformative.

To mitigate risks, media creators often incorporate shorter clips alongside commentary or critique, which tends to align more closely with fair use. Collaboration or seeking permissions can often be a more practical approach to using impactful content without risking costly legal disputes. Legal sources, including Loeb & Loeb, emphasize that while fair use is an evolving area, obtaining permissions—or using royalty-free alternatives—is often the most straightforward route for creators.

A recent example in Thiccc Boy Productions v. Swindelle illustrates these principles in action. Swindelle, a YouTube creator, used clips from Thiccc Boy Productions’ podcast, hosted by Brendan Schaub, in his reaction videos, asserting a fair use defense due to added commentary. The court ruled in Swindelle’s favor, noting his commentary was transformative and unlikely to harm the original podcast’s market. This decision aligns with trends following Warhol Foundation v. Goldsmith, which clarified that “transformative” uses must contribute clear commentary or critique to meet fair use standards rather than merely repurposing the original.

For today’s media creators, consulting legal guidance before integrating copyrighted material is crucial as copyright law adapts to new digital contexts.

Media attorney, Matthew B. Harrison is VP/associate publisher, TALKERS; Senior Partner, Harrison Media Law; and executive producer, Goodphone Communications.  He is available for private consultation and media industry contract representation. He can be reached by phone at 724-484-3529 or email at matthew@harrisonmedialaw.com

Industry Views

FAIR USE: What Constitutes “Publishing” or a “Publication” on Today’s Media Playing Field?

By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

imAs the practice of “clip jockeying” becomes an increasingly ubiquitous and taken-for-granted technique in modern audio and video talk media, an understanding of the legal concept “fair use” is vital to the safety and survival of practitioners and their platforms.

When assessing fair use in audio media, courts closely examine the “nature of the copyrighted work,” especially focusing on whether the work is factual or creative, and published or unpublished. Factual content, such as news reports or data, is more likely to be seen as fair use material, as it’s in the public interest to keep factual information accessible. Creative works, like music, fiction, or original performances, often enjoy stronger protection because they embody the creator’s unique expression and should be compensated accordingly.

Unpublished interviews or speeches.  When audio content includes unpublished material – such as a speech or interview that hasn’t been publicly released – courts typically approach it with heightened caution. For example, if a podcast includes clips from an unpublished interview with a politician to enhance commentary, courts might scrutinize this more heavily than they would a published work, as the speaker retains significant control over whether and how the content reaches the public.

Case study insight: Salinger v. Random House (1987).  The landmark case Salinger v. Random House highlighted how unpublished works generally receive stronger copyright protection. In this case, the use of unpublished letters in a biography was ruled as infringing, emphasizing that unpublished materials hold a unique status in copyright law. If a podcaster today were to use a similarly unpublished interview with a public figure without significant commentary or transformation, they might face greater legal challenges.

Redefining “published” in the digital era.  With digital platforms, the meaning of “published” is evolving. Traditionally, a work was deemed “published” when made available for sale, license, or public distribution. Now, sharing content online, even in a limited way – such as within a closed social media group or private online forum – raises questions about whether the content should be considered published. Courts are increasingly aware that limited digital sharing doesn’t necessarily reduce a work’s unpublished protections, but extensive online distribution might.

Modern considerations of online sharing. Courts today analyze factors like control over access and the sharing platform’s nature. For instance, an audio clip shared in a restricted forum might retain its unpublished protections, while a widely posted clip could lose some of those protections. Additionally, when creators post content on platforms like Instagram or YouTube before officially “publishing” it elsewhere, courts may take the creator’s intent and distribution scope into account when determining the content’s legal status.

As online platforms reshape how creators distribute their work, they also impact fair use, pushing courts to reinterpret what it means for a work to be “published.” This evolving understanding means that copyright protections depend not only on whether a work is accessible but also on the level of control over its distribution, especially for audio content.

Media attorney, Matthew B. Harrison is VP/associate publisher, TALKERS; Senior Partner, Harrison Media Law; and executive producer, Goodphone Communications.  He is available for private consultation and media industry contract representation. He can be reached by phone at 724-484-3529 or email at matthew@harrisonmedialaw.com