Category: Industry Views

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

A 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.

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

In 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

By Holland Cooke
Consultant

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.

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

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.

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

After 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.

By Holland Cooke
Consultant

Your 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.

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<

By Holland Cooke
Consultant

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.

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

Legendary 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.

By Holland Cooke
Consultant

Thanksgiving 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.

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

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

Chris 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.

By Holland Cooke
Consultant

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.

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

By Holland Cooke
Consultant

Do 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.

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

This 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. 
 

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

Let’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

Today is Election Day in America. Finally! Now the talk media industry is about to learn what’s next?  No matter which way the presidential race goes, the results will have a measurable impact on news/talk media’s positioning and strategy going forward for years to come. According to TALKERS publisher Michael Harrison, “That’s what happens when the news media operates within the paradigm of primarily ‘targeting’ audiences based on their pre-existing biases, opinions, and passions.  The only objective seeking of truth that takes place within the formulation of media strategy, in this transactional environment, focuses on one basic concern – where does the audience, that we so zealously covet, stand on this?”  During an editorial conference this morning, Harrison stated, “The two major media-base ‘camps’ that have emerged in the past decade on talk radio, news/talk TV, YouTube and podcasting, fall under the basic headings of the pro-Trump media industry and the anti-Trump media industry.  Yes, both have grown into full-fledged industries – and their interests are deeply entangled. As cynical as this might sound, the deck is about to be reshuffled to one degree or another and talk media industry practitioners are going to have to pull off some fancy steps to avoid sinking into the quicksand of inevitable changes in public opinion – regardless of what shape these movements take.” Harrison adds, “If you’ll pardon the ancient reference, no one wants to be left playing Frankie Avalon and Bobby Rydell records the day after the Beatles’ and their British buddies invaded our pop culture.”

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

As media creators in radio and podcasting explore ways to legally incorporate external audio, the fair use factor of “purpose and character” is crucial. This factor assesses whether the use is “transformative”—adding new expression or meaning—or merely reproduces the original’s essence, potentially infringing on copyright.

Examples from popular platforms provide guidance. Podcaster Joe Rogan, for instance, often uses clips to build commentary and analysis, which could support a fair use defense due to its transformative nature (though others may argue the additions don’t significantly alter the original). Defining “transformative” is challenging, especially when the original creator disagrees on whether substantial new meaning has been added.

Transformative use in podcasts.  In podcasting, many creators use news clips or sound bites to provide commentary or critique, adding analysis or humor that can help support a fair use claim. For example, “The Joe Rogan Experience“ has used various clips and video snippets with added commentary. While Rogan’s show hasn’t faced significant legal challenges for these uses, adding commentary could bolster a fair use defense.

Hypothetical: satire on a radio show. Consider a radio show that incorporates political speech snippets for satire. If the use is genuinely transformative, adding new expression or meaning, it may meet fair use standards. However, the line is thin, especially if the clip isn’t significantly altered. Precedents like Campbell v. Acuff-Rose Music, Inc. inform how courts may handle parody and transformation in fair use.

Example: news clip commentary in political podcasts.  Political podcasts like “The Daily” from The New York Times often use brief clips to provide in-depth commentary on current events. For instance, they might use a clip from a politician’s speech to add a critical or alternative perspective. In such contexts, courts are more likely to view the use as transformative, particularly if it builds on or challenges the original content. These scenarios illustrate the balance media creators must strike in using third-party audio. Whether adding commentary, satire, or criticism, the goal is to transform the original content meaningfully, beyond simple replication. Understanding fair use’s “purpose and character” factor helps media creators leverage third-party content responsibly, aligning with legal standards.

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

By Holland Cooke
Consultant

Here’s a sales lead, based on an all-out on-air radio war underway in the Providence, RI market I hear when I’m home. These advertisers are doing well enough that they are also now using TV; and I am now hearing this category in other areas. Because two aggressive sponsors here are using these same copy points, verbatim, they must be working, so rip ‘em off:

“There are no fees, no showings, no clean-up or repairs needed. We buy junk houses, abandoned houses, condemned houses, foreclosure houses, and even land. We buy several houses a month, in any condition, and we want to buy more. We buy inherited houses, behind-in-payment houses, divorce houses, we even buy my-tenant-won’t-pay-the-rent houses. Call today for a cash offer on your house!”

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

Take advantage of the new media order. Initially, TiVo was a hit because you could pause live TV and go to the bathroom whenever you wanted. Bathroom breaks while watching live TV was a revelation. As you were going to the bathroom, your relationship with media was being re-wired in your brain. In a matter of months, you were able to watch what you wanted, whenever you wanted. DECADES of TV scheduling strategies became anachronistic. It’s November. Do you know when your favorite shows are airing on TV? No! No need you’ll watch them whenever you want!

Now On-demand is the rule of all media.

Liberation from traditional formalities has infiltrated every aspect of our day.. TMZ launched with this editorial rule: Cover NO scheduled events. No press conferences. TMZ cameras lurk in the parking lots and valet tents to capture stars off guard, candid, authentic. Make-up artists and movie set hairdressers, not PR teams, are their primary news sources. By comparison, “Entertainment Tonight” and “Hard Copy” who are obligated to the PR industry look phony, stiff, staged.

Warren Buffet for decades modeled how to behave like the country’s richest man. Stable, sane, professorial. But today’s richest man, Elon Musk is running million dollar a day giveaways to registered voters. He wears t-shirts, dances on stage and has how many kids?

Hoda Kotb quits the “Today Show” …THE TODAY SHOW and no one cares. The quest for a new co-anchor captures no one’s imagination. Compared with the impact of online influencers, TikTok videos and on-demand TV, the “Today Show” looks anachronistic.

A relic.

Four years ago, the millions of workers staying at home would have never thought freedom from the office commute would be possible. Now they can’t imagine why they have to go to the office – because they are at work, on their kitchen table.

• Don’t become BLOCKBUSTER. Today’s trends are becoming surging rivers of thought and behavior. Winning employers will embrace their colleagues with recognition of these changes. Rather than bribing and begging workers back to the old office, they will amp up the tools and support to allow employees to easily produce from anywhere they wish. That means providing better computers, phones, software, and new systems for recognizing performance. Getting-in-early just isn’t going to mean anything. Getting-it-done will be prized.

About your talk station: Three- and four-hour blocks of – BLOCK PROGRAMMING – is the past. Seamless is the future. Seamless talk programming, format driven rather than “my show” driven will grow cume and maximize PPM technology. Hosts will present ideas and entertainment, with other hosts and contributors using techniques that allow for tune-in at any time.

 Consultant Walter Sabo A.K.A. Walter M Sterling has a nightly show “Sterling Every Damn Night” heard on WPHT, Philadelphia 9:00 pm – 12:00 midnight. 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.

Do people get the media and government they deserve? Is the mainstream press really “fake news” and unfair to the MAGA movement? What are the true threats to American democracy at play in this rapidly changing era?  Lars Larson is this week’s featured guest on the TALKERS MEDIA YouTube video channel’s “Up Close Far Out with Michael Harrison” and the award-winning PodcastOne audio series, “The Michael Harrison Interview.”  Larson, ranked #14 on the 2024 TALKERS Heavy Hundred and approaching his 50^th anniversary in broadcasting, hosts two syndicated versions of his long-running 12:00 noon to 4:00 pm (PT) show on flagship station, KXL, Portland, OR.  One is carried on approximately 26 Radio Northwest Network (RNW) stations in Oregon, Washington, and Idaho.  The other is heard on more than 100 stations across the nation on the Compass Media Networks.  During his illustrious career, Larson has been the recipient of more than 70 awards from the Associated Press, Society of Professional Journalists, and the National Press Club, as well as two Emmys and a Peabody for his reporting and documentaries.  In a candid discussion that covers a variety of contemporary hot button issues, Larson provides the conservative media perspective on the controversial Trump Rally at Madison Square Garden along with his take on mainstream news coverage, in general, of the 2024 presidential race.  The conversation also taps into burgeoning Middle East tensions, social media, artificial intelligence, the state of journalism, the First Amendment, privacy rights, the power of TV to distort reality, plus the tenets of Marxism, Naziism, socialism, and capitalism, as well as the unique political makeup of the Portland area.  Don’t miss this!

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

To listen to the audio version in its entirety, please click here. MHInterview.com

Media analyst, broadcaster, and trade journal publisher Michael Harrison appeared on the popular Jeff Katz afternoon drive show on WRVA, Richmond yesterday (10/29) to discuss comments he made earlier in TALKERS about the historic significance of former President Donald Trump‘s recent three-hour guest spot on the “Joe Rogan Experience” podcast. To listen to the fascinating discussion, please click here.   

By Holland Cooke
Consultant

Possibly not — beginning Sunday — unless you live in Hawaii and Arizona (except the Navajo Nation) or American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. Everywhere else, clocks will change when we “fall-back” on November 3.