The Advertiser Gave Us an AI Commercial… Isn’t that Enough?
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Legal Group, Senior Partner
Goodphone Communications, Executive Producer
A conventional infringing commercial may misuse a song, recording, photograph, or written copy. An AI commercial can create the same copyright problem while adding another: the unauthorized commercial use of a recognizable person’s identity. One file can therefore produce two entirely different claims.
Copyright protects original expression, including scripts, music, and sound recordings. It generally does not give anyone a copyright in the sound of a natural voice. That does not make a distinctive voice free for advertisers to imitate.
Tom Waits established the distinction decades before generative AI. After Waits declined to participate in a Frito-Lay campaign, the company used a singer who imitated him in a radio commercial. Waits successfully pursued claims for voice misappropriation and false endorsement. AI now makes that imitation faster, cheaper, and potentially more convincing. Waits v. Frito-Lay
The rights do not travel together
There is another wrinkle. The AI company may possess defenses that do not travel with the finished audio. In Walters v. OpenAI, ChatGPT falsely accused radio host Mark Walters of embezzlement. OpenAI defeated the defamation claim because the recipient encountered warnings that the system could be inaccurate, did not believe the accusation, verified that it was false, and did not republish it. Walters also failed to prove the necessary fault or damages. Walters v. OpenAI case summary
That ruling did not grant AI companies blanket immunity. It does suggest an uncomfortable result for broadcasters. A provider’s warning that its output requires verification may help protect the provider while making it harder for a station to argue that airing the output without checking was reasonable. The company that generated the problem may have a better defense than the broadcaster that delivered it to the public.
California’s AI Transparency Act, operative August 2, 2026, now requires certain large AI providers to offer detection tools and place provenance disclosures in generated audio, images, and video. Those tools may help identify origin. They do not establish copyright clearance, consent, accuracy, or authority to imitate someone. California AI Transparency Act
Stations should require advertisers to warrant both ownership and permission for identifiable voices or likenesses, backed by indemnification. AI has not replaced the old clearance problem. It can place a second problem beside it, then leave the broadcaster holding both.
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.
The Radio Hall of Fame announced today (8/3) the selection of nine 2026 Legends inductees. These individuals were selected by the Radio Hall of Fame’s 2026 Nominating Committee, which meets annually to recognize deceased individuals who made significant contributions to the radio industry. The Radio Hall of Fame is housed within the Museum of Broadcast Communications in Chicago.
chance to weigh in on whether to allow the FCC to continue its campaign of censorship and control, the American public showed up in a big way, and the vast majority who spoke up delivered the same message. They believe in the value of their local news, they trust those who cover their communities, and they understand that the FCC has no business deciding who is a journalist and what counts as real news. A small number of partisan voices tried to hijack this process into a referendum on a network they dislike, but the public refuses to let local stations become collateral damage in the FCC’s political games. The FCC has no authority to police the ideological balance of the airwaves, and no matter what this Commission does next, the record now makes clear that this was never a genuine search for the public interest.”
WTLP-FM (licensed to Braddock Heights) at 103.9 FM and the company will begin leasing it to the Christian music network K-LOVE on August 1. WTOP general manager Joel Oxley states, “Our main signal on 103.5 FM covers most of Frederick County’s population and with the advent of streaming, listeners can get us anywhere in the country.” WTOP began simulcasting on 103.9 FM in 2007.
“It’s all media,” declared accomplished media executive Jack Griffin when confronted with brand new definitions of content and content distribution. Jack, for years, was president of Meredith Publishing, Time Inc., and The Tribune Company. I met Jack when he was publisher of PARADE magazine. Jack is pragmatic, won’t waste your time and spots BS faster than most humans. We were listening to discussions of the impact of online media versus traditional media, and his line was running out. Jack declared “It’s all media” and the meeting blessedly ended. The phrase haunts me and it is being proven true every second of every day.
WRMR-FM, Jacksonville, NC; WMFD-AM, Wilmington, NC; WKXB-FM, Boiling Spring Lakes, NC; WILT-FM, Wrightsville Beach, NC; WAZO-FM, Southport, NC; and translators W269DF-FX and W240AS-FX, Wilmington, NC. KALIL & CO., INC. was the exclusive broker for this transaction.
powerful, collective voice when negotiating with automakers, tech platforms and policymakers.” NAB president and CEO Curtis LeGeyt adds, “Radio has long been an essential part of the driving experience, delivering trusted local news, lifesaving emergency information and the entertainment Americans rely on every day. As dashboards evolve, ensuring broadcast radio remains accessible is more important than ever. By joining Radio Ready, NAB looks forward to partnering with broadcasters from across the world to ensure that free, trusted radio remains easy for drivers to find and use in the vehicles of today and tomorrow.”
New laws may hold AI companies responsible, but regulating machine-generated speech presents risks of its own.
end. My job was eliminated Friday, July 24th. I was at Salem for a total of 25 years. I worked there twice. I assisted getting KNTH on the air as the latest news/talk station in November 2004. I met many great people while there. I had great staff, too. One of the biggest thrills was producing the Sam Malone Show, as well as his sidekick. JP Pritchard along with Tom Fontaine contributed to the success of the show. Good times; great oldies.”
Zimmer will take over the operation of sports talk KOSP-FM “102.1 The Won” and three music brands. It currently owns news/talk KWTO/K227KO and sports talk KBFL-AM/K245CA. Zimmer Communications president John Zimmer says,
“This is an exciting opportunity to bring together two organizations that share the same values and a deep commitment to local broadcasting. By combining our strengths, we’ll be able to offer advertisers even more effective marketing solutions while continuing to provide the trusted local content our audiences rely on.” Mid-West Family president Mike Paterson adds, “As the local radio and media landscape continues to evolve, bringing these two organizations together creates even greater opportunities for our advertising partners, our communities and especially our employees.” 
Friday, August 28. The program was created in honor of the late founder of Media Staffing Network, Laurie Kahn. MIW says Speak Up! is a year-long mentorship program designed to empower women working in small- and medium-market radio stations across all departments. One outstanding candidate will receive personalized mentorship from MIW’s network of female broadcast leaders, complemented by executive coaching from Media Staffing Network’s certified coaches. 
reorganization and is waiting for the Federal Communications Commission to finish its regulatory approval process. The court is extending the company’s filing deadline for its Chapter 11 plan to October 30.
announced during a special dinner at the Edison Ballroom in New York City on October 20. While four spoken-word-formatted stations made the cut in the Legendary Station category, it’s interesting to note that just one talk host – news/talk or sports talk – is a finalist across five personality categories. That distinction goes to WCHS-AM, Charleston, West Virginia morning drive host Chris Lawrence who is a finalist in the Small Market Personality of the Year category. Go get, ‘em Chris! We’re pulling for you.
Saturdays from 12:00 noon to 3:00 pm. Industry affiliate relations pro Jim Watkins is serving WestStar Entertainment as director of affiliate sales, he says, “We’re excited to partner with KEIB and expand Kim’s presence in one of the nation’s most important radio markets. Technology touches every part of daily life, and Kim’s rare ability to make complex issues entertaining and easy to understand makes her program an outstanding addition to The Patriot’s weekend lineup.
“another major milestone in JFMN’s strategic vision of building the nation’s premier independently owned News-Talk-Sports media network.” JFMN co-founder John Fredericks says, “As we continue to grow across America, Tennessee is a key market for our future. Our mission is simple: deliver compelling News-Talk-Sports programming that people can’t get anywhere else. We’re building platforms that serve our audience – not shareholders – and this expansion is another major step in that vision. We’re proving that News-Talk and Sports belong together. Our audience wants breaking news, honest opinion, and the teams they love – all from one trusted source. That’s exactly what we’re delivering.” 
Veteran journalist, author, political commentator, and 77WABC Radio personality Dominic Carter was honored with the American Heritage Award at the Kings County Conservative Party’s Annual American Heritage Reception on July 23 at the Knights of Baron DeKalb in Sheepshead Bay, Brooklyn. The event celebrated Carter’s more than four decades in broadcast journalism, recognizing his distinguished career as a radio host, television commentator, author, and one of New York’s most respected media voices.
Frances Vella Marrone, the reception brought together elected officials, candidates, community leaders, and supporters to recognize Carter’s professional achievements while celebrating the values of perseverance, public service, and the American Dream.
Tournament is one of the industry’s signature events. It offers a unique opportunity to play one of the region’s premier courses while spending the day with colleagues, industry leaders, and celebrities, all in support of a charity that provides a vital lifeline to our fellow broadcasters when they need it most.” All proceeds from the tournament directly benefit the BFOA’s charitable mission.