Category: Industry Views

Industry Views

When the Library Talks Back

By TALKERS | by TALKERS

2f8c1286 c8c3 4b72 ba11 091cec050fcd
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Legal Group, Senior Partner
Goodphone Communications, Executive Producer

imgImagine SiriusXM acquires the complete Howard Stern archive – every show, interview, and on-air moment. Months later, it debuts “Howard Stern: The AI Sessions,” a series of new segments created with artificial intelligence trained on that archive. The programming is labeled AI-generated, yet the voice, timing, and style sound like Stern himself.

Owning the recordings might suggest the right to create new works from them. In reality, the answer is more complicated – and the music industry offers a useful comparison.

Music Industry Precedent

Sony, Universal, and others have spent hundreds of millions buying music catalogs from artists such as Bob Dylan, Bruce Springsteen, Paul Simon, and Queen. These deals often include both composition rights and master recordings, giving the buyer broad control over licensing and derivative works.

In music, the song and the recording are the assets. In talk content, the defining element is the host’s persona – voice, cadence, and delivery – which changes the legal analysis when creating new material.

Copyright and Persona Rights

Buying a talk archive usually transfers copyright in the recordings and any scripts. That permits rebroadcast, excerpts, and repackaging of original programs.

It does not automatically transfer the host’s right of publicity – control over commercial use of their name, likeness, and in many states, their distinctive voice. In Midler v. Ford Motor Co. (1988), the court ruled that imitating Bette Midler’s voice in a commercial without consent was an unauthorized use of her identity.

This means a company can own the shows without having the right to make new performances in the host’s voice unless the contract clearly grants that right.

The AI Factor

AI technology can replicate a host’s voice, tone, and style with high accuracy, producing entirely new programming.

Outside broadcasting, a recent AI-generated George Carlin special – written by humans but performed by a voice model trained on decades of his work – sparked debate about rights and legacy.

In talk radio, similar AI use could create “new” episodes featuring well-known hosts. Even with clear labeling, right-of-publicity claims may arise if the host or their estate never authorized it. Disclaimers may address consumer confusion but do not remove identity-rights issues.

Why It Matters

This applies to more than national figures. Any broadcaster or podcaster with a substantial archive could face it. Selling or licensing a library could give the buyer the tools to replicate your voice without your participation.

For buyers, the ability to produce new content from archived material has commercial appeal. But without the right to use the host’s voice for new works, it carries significant legal and reputational risk.

Contracts Decide

The key is in the contract:

— Did the talent assign rights to their name, likeness, and voice for future works?
— Is use limited to original recordings or extended to derivative works?
— Does it address future technologies, including AI?

Older agreements often omit these points, leaving courts to decide. Future contracts will likely address AI directly.

Takeaways

For talent: Know what you are transferring. Copyright ownership does not necessarily include your future voice.

For buyers: Owning an archive does not automatically give you the right to create AI-generated new material in the original host’s voice.

For everyone: As AI advances, control over archives will depend on the contracts that govern them.

Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonLegalGroup.com or read more at TALKERS.com.

Industry Views

They Say YOU Infringed – But Do THEY Own the Rights?

By TALKERS | by TALKERS

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

imgYou did everything right – or so you thought. You used a short clip, added commentary, or reshared something everyone else was already posting. Then one day, a notice shows up in your inbox. A takedown. A demand. A legal-sounding, nasty-toned email claiming copyright infringement, and asking for payment.

You’re confused. You’re cautious. And maybe you’re already reaching for the fair use defense.

But hold on. Before you argue about what you used, ask something simpler: Does the party accusing you actually own the rights?

Two Main Reasons People Send Copyright Notices

1. They believe they’re right – and they want to fix it.  Sometimes the claim is legitimate. A rights-holder sees their content used without permission and takes action. They may send a DMCA takedown, request removal, or ask for a license fee. Whether it’s a clip, an image, or a music bed – the law is on their side if your use wasn’t authorized.
2. They’re casting a wide net – or making a mistake. Other times, you’ve landed in a mass enforcement dragnet. Some companies send thousands of notices hoping a few people will pay – whether or not the claim is strong, or even valid. These are often automated, sometimes sloppy, and occasionally bluffing. The sender may not own the rights. They may not even know if what you used was fair use, public domain, or licensed.

Mistakes happen. Bots misidentify content. Images get flagged that were never protected. Even legitimate copyright holders sometimes act too fast. But once a notice goes out, it can become your problem – unless you respond wisely.

The First Thing to Check Is Ownership

Most creators instinctively argue fair use or say they meant no harm. But those aren’t the first questions a lawyer asks.

The first question is: “Do they have standing to bring the claim?”

In many cases, the answer is unclear or flat-out “no.” Courts have dismissed copyright lawsuits where the claimant couldn’t show ownership or any active licensing interest. If they can’t demonstrate control over the work – and actual market harm – they may not have the right to sue.

What To Do If You Get a Notice

— Don’t panic. Not all claims are valid – and not all claimants are in a position to enforce them.
— Don’t assume fair use will protect you. It might, but only after ownership is clear.
— Don’t engage emotionally. Responding flippantly can escalate things fast.
— Do get help early. A media attorney can help you assess whether the claim is real – and whether the sender has any legal ground at all.

Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonLegalGroup.com or read more at TALKERS.com.

Industry Views

TV Trend is Radio Wake-Up Call

By TALKERS | by TALKERS

By Holland Cooke
Consultant

imgSouth Florida viewers are confused. WPLG, which brands as “Local 10,” was an ABC-TV affiliate for 69 years… until yesterday. Now it’s more local than ever, after divorcing its network, whose programming moved to the FOX affiliate’s digital channels 18.1 and 7.2, now branded “ABC Miami.” Among courteous FAQs about this change on WPLG’s web site: “How do I rescan my TV?” to find ABC programming.

FAQ #1: Why is this happening? 

WPLG GM Bert Medina explains, “We made a generous offer to ABC, but it became clear the two sides were not going to agree to a new deal.”

Citing the FCC’s “interest in and the authority to promote the public interest and to ensure that local broadcast TV stations retain the economic and operational independence necessary to meet their public interest obligations,” Chairman Brendan Carr is investigating what he calls networks’ “attempt to extract onerous financial and operational concessions from local broadcast TV stations.” His recent letter to Comcast CEO Brian Roberts announced an inquiry into NBC practices that will also scrutinize other networks’ affiliation agreements. He reckons that networks threatening long-held affiliations “could result in blackouts and other harms to local consumers of broadcast news and content.”

“That’s why we have an FCC license.”

WPLG’s GM explains that “our job is to serve this community with news and local programming.” He – and his Berkshire Hathaway ownership – determined that “if we agreed to the ABC terms, that mission would have suffered.” The last straw? “Exclusivity, which is the core to our relationship, is disappearing. Even when ABC airs high-quality programming, like the Oscars, ABC airs that same programming on other platforms. We no longer feel we are getting what we pay for.”

Proud that “a majority of our staff grew up here,” Medina announced that WPLG is staffing up. “Instead of sending our money to New York, we will keep it in our community and use that money to finance a massive expansion in local news and other local programming. We are excited for the future of Local 10. Just watch us. We are about to serve this community in an even bigger and better way.”

Music has been commoditized 

It’s all over the other platforms and devices increasingly siphoning-off radio listening time and ad revenue. And unlike six-spot (or longer) stopsets now common on FM, streams’ spots are shorter and fewer. And there are NO commercials for paid subscribers who’ve had-it-up-to-here with broadcast music radio.

TV networks aren’t shy about hijacking affiliates’ viewers. ABC offers Disney+, CBS lures us to Paramount+, NBC touts Peacock. And network radio spots are plugging iHeart podcasts.

So, yuh. Make your station as smartphone friendly as possible. But when I jump in the car, and my phone pops-up on the dashboard radio once owned, what comes out the speaker still has to compete. And what is the ONE thing that streams that your robotic FM competitors don’t offer? “Local.”

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

Industry Views

Monday Memo: How You Tune Them Out?

By TALKERS | by TALKERS

By Holland Cooke
Consultant

imgUnintentionally, your poorly phrased comment, dated reference, weary cliché, or offhand remark can at least subtly distance you from your listener and could undercut your credibility, offend, or even spark backlash.

Whether you’re a broadcaster, podcaster, newscaster, or you are crafting commercial or promo copy, take a fresh look at these often-overlooked pitfalls.

Dated references: Nothing can disrupt your listener’s day quicker than quickly changing weather. Being thought of as a weather source can advantage any station in any format. But you risk that currency by calling tomorrow “…a carbon copy of today.” Few under 50 have ever used carbon paper. And with weather more erratic lately, implying otherwise can make your forecast sound – forgive me – “like a broken record.” Also antique: “Rolodex,” now that listeners’ smartphones have “Contacts.” So, purge old-speak from “the radio dial.” Listeners (and advertisers) notice when we keep-up… or don’t.

Stereotyping: 

— “Soccer mom in a SUV” sure is the retail super-consumer advertisers want to see pull-into the parking lot. Visualize her in programming and promotion planning and sales prospecting… OFF-air stuff. But reinforcing gender roles and class assumptions ON-air paints a narrow picture of parenting and lifestyle, potentially alienating women.
— “You know how Millennials are.” Yes – like “Generation X” – they dislike being typecast, and you sound out-of-touch and judgmental.
— Calling someone “a Karen” can alienate listeners who have felt ridiculed suffering a situation similar to whatever you’re describing. And there are millions in the potential ratings sample named… Karen.
— “Probably some college kid with no clue how to drive in the snow” implies incompetence based on age and background. This kind of dig can undermine younger listeners or newcomers to your market.

Stereotypes are lazy, often a shortcut to humor or imagery. Ask yourself: “Is this something I’d say to someone’s face?”

im

Insensitive Humor: “Looks like someone forgot their meds today!” can offend those quietly dealing with anxiety, or depression. Pandemic silver lining: Mental health is no longer a laughing matter. You may have seen TV PSAs by Howie Mandel, sharing how ADHD has impacted his life and asking that it not be a punchline.

“Potty-mouth:” Mom and Dad’s just-the-two-of-them vocabulary is different than the way they speak with kids in the car, and what they want to hear their children repeat after hearing on radio.

— “Pissed-off” has become unnecessarily familiar, particularly with recent inflation…with which we are “annoyed,” “fed-up,” and “frustrated.”
— Even if something sounds commonplace, origins or implications may make it unsuitable for all-audience radio. “Scumbag” began as a term for condom. “Sucks” and “screwed” also have sexual roots some consider vulgar.

Taboo red flags:

— “No offense, but…” or “I’m just saying…” often precede something offensive.
— “It’s just a joke!” often follows a crack at the expense of marginalized groups.
— “Everyone thinks that…” overgeneralizes and can alienate those who disagree.
— Mocking accents or speech patterns can come across as disrespectful rather than entertaining.
— “Real [men/women] do…” Gendered assumptions can feel exclusionary or outdated.
— “This [group] is always…” Sweeping characterizations often reinforce stereotypes.

Words have weight. In a medium where tone, timing, and trust matter, what we say – and how we say it – can either strengthen listener connection or erode it.

NEXT WEEK: Topics to Tune-IN the listeners you want most.

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

Industry Views

Just Because You Found It Online Doesn’t Mean You Can Use It

By TALKERS | by TALKERS

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

imgA New Jersey radio station thought they were just being clever online. They scanned a photo from New Jersey Monthly, cropped out the photographer’s credit line, and posted it on Facebook – inviting listeners to edit and reshare it for fun. ying to engage listeners to interact with the station with more than just their ears.”

But that station, WKXW 101.5, ended up in federal court.

Photographer Peter Murphy sued for copyright infringement and removal of attribution. The Third Circuit ruled against the station – finding that the image was used without permission, credit removed, and the photographer’s ability to license his work damaged.

It wasn’t fair use. It was infringement.

Fair Use Won’t Save You from Getting Sued

Fair use isn’t a free pass – it’s a defense. That means someone’s already accused you of infringement, and now it’s on you to justify it.

Even when it works, fair use still costs time and money. In the WKXW case, the station used the entire photo, failed to transform it, and encouraged widespread online sharing. The court saw that as market harm – one of the most important fair use factors.

And don’t assume you’re safe just because it wasn’t part of the broadcast. Courts have made clear that even social media posts by broadcasters can undermine the value of the original and trigger liability.

Don’t Ignore It Just Because It Feels Small

In my own experience with clients fending off these kinds of claims, sometimes it’s obvious. Other times it’s a bluff. But even bogus claims can cost you if you don’t take them seriously from the beginning.

License It, Link to It, or Leave It

If you didn’t create it or license it, don’t assume it’s fair game. Look for content with clear reuse rights. Better yet – link to the source instead of copying it.

Because if a copyright holder comes after you, your intentions won’t matter. Only your rights will.

Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonLegalGroup.com or read more at TALKERS.com.

Industry Views

SABO SEZ: Top 40 is Always the Answer

By TALKERS | by TALKERS

By Walter Sabo
a.k.a. Walter Sterling, Host
WPHT, Philadelphia, “Walter Sterling Every Damn Night”
And TMN syndicated, “Sterling on Sunday”

imgReviewing radio’s challenges:

— Trouble attracting and growing younger demos
— Trouble appealing to youth-oriented advertisers
— Trouble generating excitement in our culture
— Trouble owning a seat in the news media
— Trouble attracting out of college/high school employees
in sales, management on air.

The answer is: Top 40 or, if you must, CHR. The answer has always been Top 40.

The brilliant Allen Shaw, president ABC FM Radio, CEO Beasley Broadcasting, CEO/owner Centennial, said, “And Top 40 will always have an important place in radio because it plays the most popular music therefore it will always have an audience.”

In reviewing Spring Nielsens, it is hard to find a Top 40 station that is #1 6+ in any city. Consider how odd that is. Since 1955 there have been hundreds of Top 40 stations that attracted dominant shares of audience.

No, not audience: fans. Passionate fans because music is passion. New music is more passion. Cultural pebbles between the songs dropped by passionate radio stars compel even more passion.

Big contests. Big promotions. Breaking music trends. Huge voices. Pounding jingles. Prizes: Trips to see Taylor Swift in the studio – in England. A week off from school, on us! Free pizza for 50 of your friends – for a year. A new red, customized Z-93 car in your driveway on your birthday. Ed Sheeran plays your prom! A limo to school on opening day. Big Time Rush sings at your street fair.

Alex Warren writes a song for you – and performs it for you. Gift certificates for CAMEO. The Apple package… an iPhone, iPad and MacBook Air.

Media Buyer: Hop on the station yacht this summer, let’s go for a sunset party cruise. One buyer wins this custom Mustang. Wherever you go on vacation, tab’s on us.

Excited? Radio is good at contesting, better than any other medium. Excitement in thin air is what radio does… well, used to do.

Of course radio is a low choice among fresh grads, 18-24s, and media buyers. Radio stopped making the best radio, stunning, pulsing, sexy, unpredictable. We stopped rolling out the red carpet: Hot, current, daring, dangerous… Top 40.

You were drawn to radio because of Top 40. Make that.

Walter Sabo has been a C Suite action partner for companies such as SiriusXM, Hearst, Press Broadcasting, Gannett, RKO General and many other leading media outlets. His company HITVIEWS, in 2007, was the first to identify and monetize video influencers.. His nightly show “Walter Sterling Every Damn Night” is heard on WPHT, Philadelphia. His syndicated show, “Sterling On Sunday,” from Talk Media Network, airs 10:00 pm-1:00 am ET, and is now in its 10th year of success. He can be reached by email at sabowalter@gmail.com.

Industry Views

Monday Memo: News/Talk’s New Fall Season

By TALKERS | by TALKERS

By Holland Cooke
Consultant

imgWhy we’re already seeing TV tout its coming attractions: They understand how, after Labor Day, routines settle in. Viewers will be ready to re-engage.

Radio stations that treat September as just another month are missing an opportunity to reintroduce our relevance, refresh our programming, and remind listeners why we matter. After a summer of disrupted routines, school vacation, and scattered attention, commutes return, and schedules normalize. And we want to be the soundtrack. How?

1. Make listeners feel like they’re rejoining a conversation they care about. “Back to the grind? We’re back with what matters.”
2. Freshen your lineup or formatics. It’s a great time to introduce new contributors – analysts, columnists, or rotating guests with fresh perspectives. Debut a new segment: deeper dives, listener town halls, daily fact-checks, etc.
3. Update Imaging.Listeners tune to news/talk for clarity. At client stations, we’re refreshing IDs, show opens, transitions. Convey momentum and immediacy, and that you’ve got your listener’s back. Adjust clocks to improve flow and appointment tune-in. Even subtle changes, well-explained and promoted, can feel significant.

im

4. TV has premieres. Radio can, too. Launch a limited-run podcast series and promote it on-air?
5. Promote like you’re running for election. Off-air marketing money may be scarce, but you have other arrows in your quiver: Daily topical on-air promos explain how listening will be helpful. Use social media to tease what’s upcoming, and to post ICYMI “Feature the Moments that Matter.” Ditto e-newsletters and station app alerts and, and partner mentions via local media or civic groups.
6. Sales! Help advertisers freshen their messages similarly.

Any station, any format, should reassert its role. And – as each day’s events impact everyday life – no other format can command more attention than news/talk. So, welcome back.

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

Industry Views

In the Age of Blogs, Podcasts, and Substack, Defamation Law is Asking: How Public is Too Public?

By TALKERS | by TALKERS

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

imgMark Walters didn’t expect to lose private-figure legal protections over something he never talked about – especially since the thing he never talked about never even happened. A nationally syndicated radio host and outspoken Second Amendment advocate, Walters is publicly known, but in a specific lane. He never discussed nonprofits, financial misconduct, or legal ethics. Yet when ChatGPT hallucinated a claim that he had embezzled from a charity, a Georgia court ruled he was a public figure – and dismissed his defamation suit. 

The logic? Walters had a platform, a following, and a history of public commentary. That was enough. The court held that his general media presence elevated him to public-figure status, even though the allegedly defamatory statement had nothing to do with the subject matter of his actual work. wasn’t defamed about what he’s known for—but his visibility was used against him anyway.

The case didn’t just shut down a complaint. It opened a wider question: who qualifies as a public figure in the modern media era – and when does that designation apply to topics you never touched?

Mark Walters Inspired editorial cartoon for exclusive use by TALKERS


Why Public Figure Status Matters

Defamation law protects people from false, reputation-harming statements – but not equally. A private figure needs only to show that the speaker was negligent. A public figure, by contrast, must prove actual malice – that the speaker knew the statement was false or recklessly disregarded the truth.

This high standard, first articulated in New York Times v. Sullivan, was intended to protect freedom of speech and the press. But in the age of digital publishing and algorithmic reach, it’s increasingly used to deny protection to people who never thought they were stepping into the spotlight.

What Makes Someone a Public Figure?

Courts recognize two main categories:

– General-purpose public figures are household names – people famous across all topics and platforms.

– Limited-purpose public figures are individuals who have voluntarily entered public controversy or engaged in widespread public commentary on specific issues.

Here’s where the modern problem begins.

Thanks to blogs, newsletters, podcasts, and social media, it’s easier than ever to participate in public dialogue – and harder than ever to keep that participation confined to just one topic.

Post a viral thread on immigration?

Host a weekly podcast about school choice?

Weigh in on TikTok about local politics?

You may have just stepped into “limited-purpose public figure” territory – whether you intended to or not.

The Walters v. OpenAI Case – Now the Law

In Walters v. OpenAI, the court didn’t question whether the claim was false – only whether Walters could meet the public figure burden of proof. The court held that he could not. Despite the fact that he had never discussed the subject matter in question, his general visibility was enough to require that he prove actual malice. And he couldn’t.

The decision came with no trial, no settlement – just a dismissal. It now stands as legal precedent: having a public voice on one issue may cost you private-figure protections on others.

Microphone, Meet Microscope

This shift affects:

Independent journalists

– Podcast hosts

– Niche content creators

– Local activists with modest but vocal platforms

They may not feel “public,” but courts increasingly view them that way. And once that threshold is crossed, the burden in a defamation case becomes dramatically harder to meet.

he more you speak publicly—even on one topic—the more legally exposed you are everywhere else.

That wasn’t the intent of Sullivan. But in today’s fragmented, always-on media culture, visibility leaks- and so do legal thresholds.

Final Takeaway

You don’t need to be famous to be “public.” You just need to be findable.

Whether you’re behind a mic, a blog, or a camera, your platform may elevate you into public figure status – and bring defamation law’s toughest burdens with it. If you’re defamed, you’ll have to prove the speaker acted with knowing falsehood. If you’re doing the speaking, your target’s legal classification could determine how costly a misstep becomes.

In 2025, every microphone is also a microscope. Know what the law sees before you go live.

Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonLegalGroup.com or read more at TALKERS.com.

Industry Views

Sean Hannity Guests on Harrison Video Show

By TALKERS | by TALKERS

img

Talk media superstar Sean Hannity guests on the new installment of “Up Close Far Out with Michael Harrison.” Hannity is the long-running, reigning champion of both news/talk radio and cable news television. He’s seen nightly on the FOX News Channel and heard daily on more than 750 radio stations via Premiere Networks. Hannity has been expanding his platforms to include a special new premium channel titled FOX Nation and is stretching the subjects he discusses well beyond the realm of politics, for which he has become famous, including history, show business, sports, and even stand-up comedy. Harrison, publisher of the broadcasting trade journal TALKERS, engages Hannity in a candid conversation about his life and career – as well as the launch of a new four-part FOX Nation program he hosts titled, “Wanted Dead or Alive,” about famous outlaws and bank robbers of the early 20th century.

To watch the program in its entirety, please click here.

Industry Views

When One Clip Cuts Two Ways: How Copyright and Defamation Risks Collide

By TALKERS | by TALKERS

img

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

imgA radio (or video podcast) host grabs a viral clip, tosses in some sharp commentary, and shares it online. The goal? Make some noise. The result? A takedown notice for copyright infringement – and then a letter threatening a defamation suit.

Sound far-fetched? It’s not. In today’s media world, copyright misuse and defamation risks often run on parallel tracks – and sometimes crash into each other. They come from different areas of law, but creators are finding themselves tangled up in both over the same piece of content.

Copyright Protects Ownership. Defamation Protects Reputation

It’s easy to think of copyright and defamation as two separate beasts. One guards creative work. The other shields reputation. But when creators use or edit someone else’s content – especially for commentary, parody, or critique – both risks can hit at once.

Take Smith v. Summit Entertainment LLC (2007). Smith wrote an original song. Summit Entertainment slapped him with a false DMCA takedown notice, claiming copyright they didn’t actually own. Smith fought back, suing not just for the bogus takedown but also for defamation, arguing that Summit’s public accusations hurt his reputation. The court said both claims could go forward.

That case shows just how easily copyright claims and defamation threats can pile up when bad information meets bad behavior.

Murphy v. Millennium Radio: A Close Call with a Clear Message

In Murphy v. Millennium Radio Group LLC, a New Jersey radio station scanned a photographer’s work – with his credit – and posted it online without permission. That alone triggered a copyright claim. But the hosts didn’t stop there. They mocked the photographer on-air, which sparked a defamation lawsuit.

Even though the copyright and defamation claims came from different actions – using the photo without permission and trash-talking the photographer – they landed in the same legal fight. It’s a reminder that separate problems can quickly become one big headache.

Why This Double Threat Matters

— Fair Use Isn’t a Free Pass on Defamation. Even if you have a solid fair use argument, that won’t protect you if your edits or commentary twist facts or attack someone unfairly.
— Public Comments Can Double Your Trouble. The second you speak publicly about how you’re using content – whether you’re bragging about rights you don’t have or taking a shot at someone – you risk adding a defamation claim on top of an IP dispute.
— Smart Lawyers Play Both Angles. Plaintiffs know the playbook. They’ll use copyright claims for takedown leverage and defamation claims for reputational damage – sometimes in the same demand letter.
— FCC Rules Don’t Cover This. It doesn’t matter if you’re FCC-regulated or a podcaster on your own. These risks come from civil law – and they’re coming for everyone.

The Takeaway

The overlap between copyright and defamation isn’t just a legal footnote – it’s a growing reality. In a world of viral clips, reaction videos, and borrowed content, creators need to watch how they frame and comment on what they use, just as much as whether they have permission to use it in the first place.

Because when one clip cuts two ways, you could take a hit from both directions.

Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonLegalGroup.com or read more at TALKERS.com.

Industry Views

Monday Memo: The Dog Days of Summer

By TALKERS | by TALKERS

By Holland Cooke
Consultant

imgAsk any dog: The humans’ greatest invention EVER? Ice cream. Share summer’s sweetest treat with them, and listeners, during National Ice Cream Month.

Ask dog owners: “What makes YOUR dog happy?” Callers will tell stories.

im

And what’s cooler than hot wings? Do something special on July 29 – National Chicken Wing Day – and you will seem more special than non-local and/or robotic audio competitors.

Ditto International Hot Dog Day, August 26.

Convene a meeting to brainstorm opportunities on Thursday (July 24, National Tequila Day). Or August 8, International Beer Day.

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

Industry Views

The Soundbite Trap: How Editing in Radio and Podcasting Creates Legal Risk

By TALKERS | by TALKERS

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

imgIn radio and podcasting, editing isn’t just technical – it shapes narratives and influences audiences. Whether trimming dead air, tightening a guest’s comment, or pulling a clip for social media, every cut leaves an impression.

But here’s the legal reality: editing also creates risk.

For FCC-regulated broadcasters, that risk isn’t about content violations. The FCC polices indecency, licensing, and political fairness – not whether your edit changes a guest’s meaning.

For podcasters and online creators, the misconception is even riskier. Just because you’re not on terrestrial radio doesn’t mean you’re free from scrutiny. Defamation, false light, and misrepresentation laws apply to everyone — whether you broadcast on a 50,000-watt signal or a free podcast platform.

At the end of the day, it’s not the FCC that will hold you accountable for your edits. It’s a judge.

1. Alex Jones and the $1 Billion Lesson

Alex Jones became infamous for promoting conspiracy theories on Infowars, especially his repeated claim that the Sandy Hook shooting was a hoax – supported by selectively aired clips and distorted facts.

The result? Nearly $1 billion in defamation verdicts after lawsuits from victims’ families.

Takeaway: You can’t hide behind “just asking questions” or “it was my guest’s opinion.” If your platform publishes it – over the airwaves or online – you’re legally responsible for the content, including how it’s edited or framed. 

2. Katie Couric and the Gun Rights Group Edit

In “Under the Gun,” filmmakers inserted an eight-second pause after Katie Couric asked a tough question, making it seem like a gun rights group was stumped. In reality, they had answered immediately.

The group sued for defamation. The case was dismissed, but reputations took a hit.

Takeaway: Even subtle edits – like manufactured pauses – can distort meaning and expose creators to risk. 

3. FOX News and the Dominion Settlement

FOX News paid $787 million to Dominion Voting Systems after airing content suggesting election fraud – often based on selectively edited interviews and unsupported claims.

Though FOX is (among other things) a cable network, the impact shook the media world. Broadcasters reassessed risks, host contracts, and editorial practices. 

Takeaway: Major networks aren’t the only ones at risk. Radio hosts and podcasters who echo misleading narratives may face similar legal consequences. 

4. The Serial Podcast and the Power of Editing

“Serial” captivated millions by exploring Adnan Syed’s murder conviction. While no lawsuit followed, critics argued the producers presented facts selectively to build a certain narrative. 

Takeaway: Even without a lawsuit, editing shapes public perception. Misleading edits may not land you in court but can damage trust and invite scrutiny.

Whether you’re behind a radio microphone or a podcast mic, your editing decisions carry weight – and legal consequence.

The FCC might care if you drop an indecent word on air, but they won’t be the ones suing you when a guest claims you twisted their words. That’s civil law, where defamation, false light, and misrepresentation have no broadcast exemption.

There’s one set of rules for editing that every content creator lives by – and they’re written in the civil courts, not the FCC code.

Edit with care. 

Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonLegalGroup.com or read more at TALKERS.com.

Industry Views

Emergency Radio

By TALKERS | by TALKERS

 

img

By Michael Harrison
Publisher
TALKERS

imgLet’s look into the crystal ball. Humor me if you will.

The year is 2030 and someone invented a new radio brand that was recognized by the end of the 2020s as the most innovative AM format to come down the pike since “news/talk” and “all sports” rose to prominence some three decades earlier (although the need for it was plainly obvious for years). It is even credited with “saving the AM band” like Rush Limbaugh did back in the 90s.

Now, at the start of the 21st century’s third decade, this approach to on-air broadcasting exists across America on approximately 20 major and medium market AM outlets and is tagged by a variety of brand names including “Emergency Radio,” “Emergency Room,” “First Responder AM,” and more. (One outlet has been tagged “The Flashlight 570” and another is being called “The Hero 710.”)  How about “Crisis 1050?”

It is a commercial format with an extraordinarily wide array of potential advertisers, and it is an “image buy” that defies being dependent on ratings. What image-conscious company wouldn’t want the prestige of sponsoring such a positive media force?

Of course, it streams on the internet and has a syndication component – but it wears its “live and local” dimension and its AM dial frequency like a double-edged sword of honor because by 2030 it has become painfully obvious that the electric grid as provided by digital technology is a fragile structure indeed.

We hold this TRUTH to be self-evident

Emergency Radio is based on the self-evident truth that it is very challenging to be a human being in an environment in which the world is constantly bombarding each and every individual with disasters. Please pardon my messy metaphor – but hurricanes are merely the tip of the iceberg.

The human race is plagued by non-stop natural disasters, man-made disasters, medical disasters, financial disasters, emotional disasters, technical disasters, ethics disasters, and a tsunami of anxiety!

Emergency Radio provides real time help in conveying accurate live and local information to the immediate market during fires, floods, earthquakes, pandemics, accidents, and random acts of violence.

Emergency Radio also provides information about disasters happening around the nation and world.  The volcano in a far-away country. The kid trapped in a well in the next state.

But it doesn’t stop there. “Slow news days” are filled with a whole array of revivable radio syndication initiatives that focus on feelings, anxiety, relationships, money, and a slew of real-life problems that impact each and every one of us on a seemingly constant basis. Emergency Radio simply puts them under a different generic umbrella. The world around us, near and far, is one big potential drama waiting to be tapped on the great stage known as the theater of the mind.

Emergency Radio unabashedly recognizes that life’s a bitch and that people need help – including honest inspiration.

BACK TO THE PRESENT: The only problem standing in the way of this prophesy being self-fulfilled is that it will take a bit of a budget still not considered feasible by industry standards and a whole lot of work.

Michael Harrison is the founder of TALKERS.  He can be emailed at michael@talkers.com.    

Industry Views

Michael Harrison Interviews C. Crane CEO Jessica Crotty About the Future of the AM/FM Receiver and Radio-Oriented Devices

By TALKERS | by TALKERS

img

In its latest post (7/2), “Up Close Far Out” – a YouTube video series hosted by TALKERS publisher Michael Harrison – takes a deep dive into the rapidly evolving world of radio, examining the state of the radio device itself – the actual appliance – from the perspective of those on the front line of its development, manufacturing, marketing and distribution.

What is the state of the gizmos we call “radios” in the early decades of the digital era?

Is radio an obsolete technology on its last legs or is the device going through an exciting evolution in terms of its technology, content and broader societal purpose going forward into a brave new world?

What is the difference between “radio” and the broader term “audio?”

What impact does the prospect of ongoing tariff wars have upon the domestic radio manufacturing industry?  And what exactly does it take to move back and develop a new product such as a modern radio in the USA?

Harrison’s guest, Jessica Crotty, is an important player in that industry. She is the CEO of a small, but highly influential, Northern California-based company – C. Crane – that for more than three decades has specialized in manufacturing, aggregating, distributing and marketing radios and radio-oriented devices for the platform’s most ardent fans.

The company’s focus on radio literally began as a “mom & pop” operation by draftsman, designer and electronics engineer Bob Crane, his wife Sue, and Grandma Faye who ran the fledgling business at the kitchen table of their home north of the “Redwoods Curtain.”

Since selling their first AM antenna, C. Crane has grown into a nationally respected “boutique” electronics company. They have developed several outstanding radios to serve radio listeners who prefer information, talk radio and audio tuned for voice clarity. After several near 7.0 earthquakes, in 1992 they added radio and light products that would become essentials during an emergency event anywhere in the country.

Jessica Crotty launched her professional career with C. Crane almost three decades ago working her way through the ranks from customer service all the way up to being CEO and a company principal.

Crotty and Harrison engage in a candid, information-packed conversation exploring the evolving technical and cultural intersection between radio’s glorious past, underrated present, and potentially impactful, but somewhat ambiguous, future. If you are interested in radio as a broadcaster or a fan, you do not want to miss this interview.

To view the video in its entirety, please click here.

Industry Views

You Cut for Time. They Cut You a Lawsuit.

By TALKERS | by TALKERS

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

imgLet’s discuss how CBS’s $16 million settlement became a warning shot for every talk host, editor, and content creator with a mic.

When CBS settled a lawsuit with Donald Trump for $16 million over a selectively edited “60 Minutes” interview with Kamala Harris, it wasn’t about guilt. It was about leverage. The lawsuit happened to coincide with Paramount’s FCC merger review – coincidentally, right when regulatory pressure was needed the most.

For broadcasters and digital creators alike, the message is clear: even lawful edits can become political weapons. If you shape content, you’re a target. And the courts aren’t the only battleground. Public outrage, regulatory scrutiny, and advertiser anxiety all shape the cost of controversy.

For Broadcasters: Every Cut Counts

Editing always alters reality. That doesn’t make it wrong – but it makes it risky. Even good-faith trims for time or tone can be reframed as distortion. What matters isn’t just what you cut, but whether you can defend it.

Case in Point: “60 Minutes” vs. DeSantis

CBS was accused of misleading edits in a 2021 vaccine rollout story. They published full transcripts and stood their ground. No apology, no payout.

Takeaways:

— Archive raw footage.
— Log your editorial decisions.
— Be ready to explain your process with clarity and conviction.

For Digital Creators: You’re Not as Untouchable as You Think

Section 230 might protect platforms, but it doesn’t shield you from smear campaigns, takedowns, or frivolous lawsuits. Editing with commentary or critique is often fair use – but that doesn’t stop bad-faith actors from flipping the narrative.

Case in Point: “Decoding Fox News”

Jules Terpak’s critique series survived coordinated attacks thanks to clear sourcing, transparency, and credibility built ahead of time.

Takeaways:

— Know your rights, but also your vulnerabilities.
— Keep receipts.
— Build audience trust before someone tries to burn it down.

The Real Risk Isn’t the Edit – It’s the Optics

Trump didn’t need to win the lawsuit. He just needed the headlines – and CBS needed their merger. Settlements aren’t always about truth. They’re about timing.

So protect yourself:

— Document your work.
— Develop internal standards.
— Don’t panic under pressure – prepare for it.

Because in an era where outrage spreads faster than facts, defending the integrity of your edit isn’t optional. It’s essential.

Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonLegalGroup.com or read more at TALKERS.com.

Industry Views

SABO SEZ: Music on the Weekends Can Build Cume

By TALKERS | by TALKERS

By Walter Sabo
a.k.a. Walter Sterling, Host
WPHT, Philadelphia, “Walter Sterling Every Damn Night”
and TMN syndicated, “Sterling on Sunday”

imgMusic on the weekend provides multiple positive strategic weapons for talk stations. From launch, “New Jersey 101.5” (1,000,000+ cumer); WTKS-FM “Real Radio,” Orlando; WABC, New York; WPHT, Philadelphia; and other major market winners air music all weekend or on dayparted shows.

When launching WTKS, NJ101.5 and many others, Sabo Media researched talk stations throughout the country to find any facility that did as well or better on the weekend than during the week. Not one. KGO at the time was dominant in San Francisco, but its weekend audience share was HALF its weekday share. Then we studied music formats looking for genre that did better on the weekends than during the week.  Answer: oldies and alternative rock.

Music on the weekend works:

— Music prevents an outlet from suffering the negatives of being a “talk station.”Music blows off the chronic callers and people who need the station for companionship. You know who they are.
— A carefully chosen song list targets a specific cume. People sample radio on weekends. They have fewer utilitarian needs for radio listening and can indulge in entertainment. When they hear a song they like—they lock in the frequency. The station enjoys fresh sampling. WTKS FM plays alternative rock all weekend, the result is a very young overall cume base.
— Music is good for sales.  Clubs, concerts, festivals, and comic cons buy music radio. Music on the weekend keeps talk stations on those buys!
— Innovative execs replace infomercials with specialty music shows. They sell those shows to wedding venues, wedding suppliers, party stores, mobile DJs, boat and RV rentals, as well as home improvement retailers.
— Publisher Michael Harrison posits that genre and chronological segregation of songs is not as essential today as it was back in the day. 13-year-olds love the Beatles and Beach Boys. Hits are always absolute necessities but “Never My Love” by the Association, “Light My Fire” by the Doors and the #1 song today, “Ordinary,” are all hits and could be played back-to-back.

In most cities, the second highest audience daypart is midday Saturdays. Stations that recognize that fact by offering quality, local, live entertainment grow their cume.

Walter Sabo has been a C Suite action partner for companies such as SiriusXM, Hearst, Press Broadcasting, Gannett, RKO General and many other leading media outlets. His company HITVIEWS, in 2007, was the first to identify and monetize video influencers.. His nightly show “Walter Sterling Every Damn Night” is heard on WPHT, Philadelphia. His syndicated show, “Sterling On Sunday,” from Talk Media Network, airs 10:00 pm-1:00 am ET, and is now in its 10th year of success. He can be reached by email at sabowalter@gmail.com.

Industry Views

Monday Memo: X Marks the Spot – Radio’s Most Valuable Demo

By TALKERS | by TALKERS

By Holland Cooke
Consultant

imgIpsos Generations Report 2025: “Right now, it’s Generation X who are the highest-earning generation in the US, surpassing both Boomers and Millennials.”

Born 1965 to 1980, they grew up with an AM/FM radio habit. And – as they are about to inherit a LOT of money from wealthy grandparent Silents and Boomer parents over the next few decades – which prospective advertisers want to meet them?

im

Prospect banks, financial planners, real estate agents, and wellness and eldercare consultants and Elder Law and Trust attorneys.

Recommended commercial creative: advertorial. “Tell ‘em and you’ll sell ‘em,” with spots disguised as informative features. Sample topics:

— “5 Inheritance Mistakes to Avoid”
— “How to Talk to Your Parents About Their Will”
— “Downsizing Without Downgrading”
— “Kids, Parents, and Cash”

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

Industry Views

Monday Memo: Feature the Moments That Matter

By TALKERS | by TALKERS

By Holland Cooke
Consultant

imgAre archived shows – whole hours – your station’s only on-demand offering? It’s an easy checkbox: post the aircheck, call it a podcast.

And why not? In our on-demand culture, why expose this work – and its sponsors – only to those who happened to be listening in real-time? But few listeners will sit through an hour – or three – of linear audio. Most don’t when listening live. They’re busy. The only person who hears the whole show is the host (which is why I cringe when I hear “hour number three”).

Trim the fat, serve the steak 

Many more will be interested in highlights, those couple minutes of Pet Pro Dr. Donna Stone’s tips for “Helping Your Critters Keep Their Cool During a Long Hot Summer,” or whatever “money moments” aired.

im

— Give these excerpts a title, incorporating words someone might include in Search. Add a sharable description. Let MS Copilot or ChatGPT make you a graphic. For this example, make it a cute puppy.
— In addition to the station’s website, these clips should be all over your social media. Think of your whole show as a movie. Hashtag-laden Tweets that include a click-to-listen link are the trailer. Script several versions and post at intervals.
— Get good at this, and your posts will get shared.
–And Dr. Donna can share her moment to her followers.

This is something music station morning shows do better than talk stations, because archiving whole songs is taboo. They’re forced to cull. 

Find the time

It’s an investment in reach, relevance, and revenue. Don’t just archive – curate. You can find new ears, using these audio appetizers to offer people who don’t know your show to try the entrée.

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

Industry Views

Monday Memo: On-Demand is In-Demand

By TALKERS | by TALKERS

By Holland Cooke
Consultant

imgIf you saved back issues from when TALKERS was a print tabloid, dig-down about 20 years into the stack. A couple times a year beginning then, I was reporting from conferences then called The Podcast and New Media Expo, which later evolved into NMX and BlogWorld and other incarnations.

As I was typing-as-fast-as-I-could in the back row, I was hearing a new medium take shape.

— These energized events had the mojo radio conventions used to. But radio was already struggling as consolidation eliminated many on-air jobs, cutbacks that continue today.
— But plucky podcasters were already self-publishing about high-affinity Long Tail topics too narrowcast for AM/FM radio. And because it is what we then called “the World Wide Web,” they were growing a following far beyond local broadcasters’ signal footprints.

Remember iPod? Suddenly, EVERYONE had one. Then, just-as-suddenly, everyone didn’t. Because Apple rolled-out iPhone, which could also tote your tunes, and do thousands of other things. Yet the term “podcasting” – which first referred to the device – endures.

im

What’s remarkable about the podcasting phenomenon, is that users – not the device manufacturer – came up with the idea. iPod was designed as a music player. But it was We The People who reckoned that audio-is-audio and started self-publishing radio-without-radio.

“P-O-D” = “Programming On-Demand.” Think Netflix for audio.

— But unlike Netflix, stations aren’t investing aggressively in on-demand content. Short-staffed, it’s all they can do to feed multiple transmitters robotic programming.
— Meanwhile, enthused podcasters are generating content, some of which is amusing quirky boutique topics. Others are doing local news, now in shorter supply from AM/FM radio.
— Smart stations buddy-up with these DIY creators, showcasing their sponsorable stuff. They create audio, we sell audio.

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

Industry Views

SABO SEZ: Do You Really Think the Back of Your Head is Worth Watching?

By TALKERS | by TALKERS

By Walter Sabo
a.k.a. Walter Sterling, Host
WPHT, Philadelphia, “Walter Sterling Every Damn Night”
and TMN syndicated, “Sterling on Sunday”

imgThe drive to stream video of radio shows has always been risky. Remember your shock when you first saw one of your radio heroes? Video streaming can present a constant disconnect between the show in the listener’s head and the show on the stream. Many stations make the disconnect worse by streaming terrible video images. Combine the trauma of how a host really looks with a dreary TV show and the package cannot benefit the relationship between station and listener/viewer.

Too many stations stream from one or two fixed cameras in the studio. That picture looks like a police interrogation room. Some stations embarrassingly use one camera on a two person show. The result is a shot of the face of one host and the back of the head of the other, for the entire show. OMG.

Done right, video should enhance the listening experience, it should make the hosts more attractive, more engaging, and more entertaining.

Mistake: Many radio hosts ignore the cameras during spot breaks. These hosts go silent during spots, giving a viewer absolutely no reason to stream. Obviously, if one sits in silence during the break the image presented is pure boredom. On the radio, the listener hears commercials. On their stream they see a silent radio host doing nothing. Double disappointment.

Producing video that enhances a radio show experience takes planning and commitment. One technically simple way to make video work for a host is to address the audience directly during commercial breaks. One on one. The moment a break starts, smart hosts and anchors address the camera and candidly speak with the viewer. Their conversation is topical, urgent and fun.

Engaging the viewer during radio commercial breaks provides added value to a stream and a reason to watch.

Some examples worth watching are found in these links:

— B-93, Grand Rapids morning host Aly Mac never stops talking with streaming viewers. She does itimg right, two shows… one on the radio, one on the stream. Seamless and fun.
— WPHT produces a TV show with switching, graphics that flows with the radio show.
— Baylee Martin is a TV anchor who could teach the industry how to conduct an on-air show enhanced by the stream.  Hearst should sell schedules in her stream content. Have a look, she’s a streaming savant.

When streaming, consider if the video stream is helping or hurting the radio show. If the “reveal” is the back of a head, hurting!

Walter Sabo has been a C Suite action partner for companies such as SiriusXM, Hearst, Press Broadcasting, Gannett, RKO General and many other leading media outlets. His company HITVIEWS, in 2007, was the first to identify and monetize video influencers.. His nightly show “Walter Sterling Every Damn Night” is heard on WPHT, Philadelphia. His syndicated show, “Sterling On Sunday,” from Talk Media Network, airs 10:00 pm-1:00 am ET, and is now in its 10th year of success. He can be reached by email at sabowalter@gmail.com.

Industry Views

Monday Memo: Stepping-Up and Sounding Solid

By TALKERS | by TALKERS

By Holland Cooke
Consultant

imgWith so many of us taking vacation time soon, guest hosts are often local somebodies who are not career broadcasters and don’t share our second-nature performance routines. For their benefit, these tips, based on my experience on both sides of the mic:

Get right into it. When I used to fill-in for Jim Bohannon, I figured that – to his listeners – who-the-heck was I? Lacking the back-story of “a name,” I simply, succinctly, told the truth, “I’m Jim’s pal, Holland Cooke.” Skip the biographical blah-blah-blah that devalues a show by emphasizing that the familiar host is absent. Just tee-up what the show is about this hour… why it matters to those listening… how they will benefit from not wandering-off… and how to join-in.

Make the phone ring. When “FOX Across America” host Jimmy Failla is off, my client Paul Gleiser – owner of affiliate KTBB/Tyler-Longview TX – often fills-in. Paul asked Jimmy for advice. Ever in-character, Failla quipped, “Drive it like you stole it!” So Gleiser is all about call count, teeing-up TWO tempting propositions, one topical, the other a softer “Bonus Question.” As new employment numbers were announced, “The WORST job you ever had?” got callers telling great stories.

“Know what the show was about yesterday,” Paul urges, because political topics tend to change little day-to-day. Avoid this trap: The guest host’s outspoken narrative is a point that’s already been talked-to-death BUT this is HIS shot on a big show, so this is HIS turn to me-too the unison. Better approach: Come up with a new wrinkle.

im

Invite participation multiple ways. Many listeners would rather text than call. Welcome them and you’ll sound accessible and at-the-speed-of-life. Note how effectively SiriusXM’s Michael Smerconish polls listeners via social media.

Establish a relationship with the producer “BEFORE the show” Gleiser advises: “Don’t just show up.” Ascertain who-does-what. In some cases, the producer will have booked guests and may suggest or assign call-in topics. Or if – in Jimmy Failla speak – you’re driving, the producer is simply call-screening and running-the-board… which you should NOT attempt if you’re not an experienced broadcaster or if you are unfamiliar with the station’s setup.

Keep re-setting – succinctly, “matter-of-factly,” introducing yourself and your guest-or-topic — going-into and coming-out-of breaks, and at the beginning of each hour. Listeners are constantly tuning-in.

Always and only announce the call-in number immediately after you tell them WHY to call. Most common mistake I hear, even from experienced hosts: They give-out the phone number at the very beginning of the show or hour or segment, then (eventually) they tell you why to call, possibly minutes later (an eternity in live radio). So, they’re haunted by those dreaded “regulars” who already have the number memorized. Make announcing the number your punch line, whether you’re asking opinions on topic du jour or offering access to a guest they’ll want to interact with. Seems like a little thing, but this can make a big difference in how popular you make the station sound.

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

Industry Views

SABO SEZ: Managing the Meters is a Fatal Time Waster

By TALKERS | by TALKERS

By Walter Sabo
a.k.a. Walter Sterling, Host
WPHT, Philadelphia, “Walter Sterling Every Damn Night”
and TMN syndicated, “Sterling on Sunday”

imgAt first, I thought it was a joke. When I realized there were serious people having serious meetings about the joke, it became both horrific and symptomatic

The sitcom is called: MANAGING THE METERS. Note: As a suited consultant I was a prime mover to get Arbitron off diaries and onto meters.

Worldly success is often the result of being highly focused on what one can control versus imagining what can be controlled. Nielsen can manage their meters. You can’t.

Imagining what can be controlled has led to wasting time playing MANAGING THE METERS.  To participate one must learn where Nielsen meters are placed, which station has which meters, and who is carrying “your” meters. Yes, one can learn, for example, that a 19-year-old in Glendale listens to KIIS-FM for 17 hours a week. More than 17 hours in radio conference rooms will be spent playing whack-a-mole with that 19-year-old’s meter; where will it land next?

Playing MANAGING THE METERS is a major time waster and cume killer. Once upon a time many music stations embraced “request line call-in research.” Shudder. Stations would tally which songs were getting how-many requests and make on-air playlists based on those counts. Obviously call-in request playlists would appeal primarily to existing listeners and do nothing to reach new listeners. Sure, P1s are appeased but cume always dies.

And here we are: Super-serving meter holders who already listen to a station will appease P1s but cume will diminish every month. It is pure myth that “talk” is high TSL and low cume.  In fact, most current talking stations do everything possible to lower cume. Casual cuming is virtually impossible. (Who is talking? What’s the number? Thanks for holding on! Who has time to hold on?). The MANAGING THE METERS fantasy gives “science” to cume-killing actions and reactions.

MANAGING THE METERS, rather than making better, bigger shows has resulted in fear, indecision, and the crime of overthinking. Nothing could be worse for a medium that thrives on emotional wallops than turning feelings into math.

What to do when tempted to play MANAGING THE METERS:

— Go for a pleasant walk and imagine a better show, new promotions, fresh promos and surprising, possibly weird topics.
— Eat your favorite ice cream and imagine a better show, new promotions, fresh promos and surprising, possibly weird topics.
— Call your father and thank him and imagine a better show, new promotions, fresh promos and surprising, possibly weird topics.
— Remember that innovative programmers who CREATE – rather than copy – great stations give all of their attention to P2s and then imagine a better show, new promotions, fresh promos and surprising, possibly weird topics.

Walter Sabo has been a C Suite action partner for companies such as SiriusXM, Hearst, Press Broadcasting, Gannett, RKO General and many other leading media outlets. His company HITVIEWS, in 2007, was the first to identify and monetize video influencers.. His nightly show “Walter Sterling Every Damn Night” is heard on WPHT, Philadelphia. His syndicated show, “Sterling On Sunday,” from Talk Media Network, airs 10:00 pm-1:00 am ET, and is now in its 10th year of success. He can be reached by email at sabowalter@gmail.com.

Industry Views

Neutraliars: The Platforms That Edit Like Publishers but Hide Behind Neutrality

By TALKERS | by TALKERS

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

imgIn the golden age of broadcasting, the rules were clear. If you edited the message, you owned the consequences. That was the tradeoff for editorial control. But today’s digital platforms – YouTube, X, TikTok, Instagram – have rewritten that deal. Broadcasters and those who operate within the FCC regulatory framework are paying the price.

These companies claim to be neutral conduits for our content. But behind the curtain, they make choices that mirror the editorial judgment of any news director: flagging clips, muting interviews, throttling reach, and shadow banning accounts. All while insisting they bear no responsibility for the content they carry.

They want the control of publishers without the accountability. I call them neutraliars.

A “neutraliar” is a platform that claims neutrality while quietly shaping public discourse. It edits without transparency, enforces vague rules inconsistently, and hides bias behind shifting community standards.

Broadcasters understand the weight of editorial power. Reputation, liability, and trust come with every decision. But platforms operate under a different set of rules. They remove content for “context violations,” downgrade interviews for being “borderline,” and rarely offer explanations. No appeals. No accountability.

This isn’t just technical policy – it’s a legal strategy. Under Section 230 of the Communications Decency Act, platforms enjoy broad immunity from liability related to user content. What was originally intended to allow moderation of obscene or unlawful material has become a catch-all defense for everything short of outright defamation or criminal conduct.

These companies act like editors when it suits them, curating and prioritizing content. But when challenged, they retreat behind the label of “neutral platform.” Courts, regulators, and lawmakers have mostly let it slide.

But broadcasters shouldn’t.

Neutraliars are distorting the public square. Not through overt censorship, but through asymmetry. Traditional broadcasters play by clear rules – standards of fairness, disclosure, and attribution. Meanwhile, tech platforms make unseen decisions that influence whether a segment is heard, seen, or quietly buried.

So, what’s the practical takeaway?

Don’t confuse distribution with trust.

Just because a platform carries your content doesn’t mean it supports your voice. Every upload is subject to algorithms, undisclosed enforcement criteria, and decisions made by people you’ll never meet. The clip you expected to go viral. Silenced. The balanced debate you aired. Removed for tone. The satire? Flagged for potential harm.

The smarter approach is to diversify your presence. Own your archive. Use direct communication tools – e-mail lists, podcast feeds, and websites you control. Syndicate broadly but never rely solely on one platform. Monitor takedowns and unexplained drops in engagement. These signals matter.

Platforms will continue to call themselves neutral as long as it protects their business model. But we know better. If a company edits content like a publisher and silences creators like a censor, it should be treated like both.

And when you get the inevitable takedown notice wrapped in vague policy language and polished PR spin, keep one word in mind.

Neutraliars.

Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at HarrisonMediaLaw.com or read more at TALKERS.com.

Industry Views

Is That Even Legal? Talk Radio in the Age of Deepfake Voices: Where Fair Use Ends and the Law Steps In

By TALKERS | by TALKERS

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

imgIn early 2024, voters in New Hampshire got strange robocalls. The voice sounded just like President Joe Biden, telling people not to vote in the primary. But it wasn’t him. It was an AI clone of his voice – sent out to confuse voters.

The calls were meant to mislead, not entertain. The response was quick. The FCC banned AI robocalls. State officials launched investigations. Still, a big question remains for radio and podcast creators:

Is using an AI cloned voice of a real person ever legal?

This question hits hard for talk radio, where satire, parody, and political commentary are daily staples. And the line between creative expression and illegal impersonation is starting to blur.

It’s already happening online. AI-generated clips of Howard Stern have popped up on TikTok and Reddit, making him say things he never actually said. They’re not airing on the radio yet – but they could be soon.

Then came a major moment. In 2024, a group called Dudesy released a fake comedy special called, “I’m Glad I’m Dead,” using AI to copy the voice and style of the late George Carlin. The hour-long show sounded uncannily like Carlin, and the creators claimed it was a tribute. His daughter, Kelly Carlin, strongly disagreed. The Carlin estate sued, calling it theft, not parody. That lawsuit could shape how courts treat voice cloning for years.

The danger isn’t just legal – it’s reputational. A cloned voice can be used to create fake outrage, fake interviews, or fake endorsements. Even if meant as satire, if it’s too realistic, it can do real damage.

So, what does fair use actually protect? It covers commentary, criticism, parody, education, and news. But a voice isn’t just creative work – it’s part of someone’s identity. That’s where the right of publicity comes in. It protects how your name, image, and voice are used, especially in commercial settings.

If a fake voice confuses listeners, suggests false approval, or harms someone’s brand, fair use probably won’t apply. And if it doesn’t clearly comment on the real person, it’s not parody – it’s just impersonation.

For talk show hosts and podcasters, here’s the bottom line: use caution. If you’re using AI voices, make it obvious they’re fake. Add labels. Give context. And best of all, avoid cloning real people unless you have their OK.

Fair use is a shield – but it’s not a free pass. When content feels deceptive, the law – and your audience – may not be forgiving.

Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Harrison Legal Group or read more at TALKERS.com.

Industry Views

Monday Memo: Dear Old Dad

By TALKERS | by TALKERS

By Holland Cooke
Consultant

imgThis coming Sunday, June 15, is Father’s Day. For that day – and the Friday before (hint-hint) – you might have already readied Harry Chapin’s “Cat’s In The Cradle” and The Winstons’ “Color Him Father” and Dan Fogelberg’s wistful “Leader of the Band.”

Regardless of your format – yes, news/talk stations – hear-me-now-and-believe-me-later: “The Men in My Little Girl’s Life” by Mike Douglas. Guaranteed Kleenex material. Don’t even intro it. Just hit it cold and play the whole thing. You’ll hear about it.

im

GREAT call-in topic: “The best advice he ever gave you?” You will save the aircheck. Callers – some chuckling, others choking-back-tears – tell stories.

And if you still have your Dad, give the lug a hug. If he’s not still around, I suspect that you will find, as my brothers and sisters and I have, that he never really leaves you.

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