Industry News

David Field Exits Audacy CEO Role

Audacy, Inc. announces that David J. Field is stepping down as president and CEO of the company and is leaving his seat on the board of directors. Named interim president and CEO is current board member Kelli Turner. The board will conduct a search for a permanent CEO. Meanwhile, Field will serve as a special advisor to the CEO and the board. Audacy board chairman Michael Del Nin states, “David has left animg indelible mark on the industry, growing Audacy from a few small radio stations into a scaled multi-platform audio content and entertainment powerhouse. He has built a great company with leading positions across the country’s largest markets and an outstanding portfolio of exclusive, premium audio content. Under David’s dedicated leadership, Audacy has been positioned for longterm success, and we look forward to working with Kelli and the entire team as the company begins its next exciting chapter.” In a statement, Field says, “Since I joined Audacy, then Entercom, we have grown from $10 million in revenues with ten niche radio stations into a $1.2 billion, multi-platform audio leader with one of the country’s two scaled radio broadcast groups, one of the largest podcast networks and the unrivaled top position in sports audio. Audacy recently completed a very successful 2024, delivering industry-leading EBITDA growth of more than 70% through the third quarter and significant revenue share gains across our radio and digital businesses. With the company in a strong competitive and financial position, now is the optimal time to pass the baton to new leadership. I am deeply proud of our extraordinary team and everything we have accomplished for our listeners, customers, partners, and communities. The company is in great hands, and I look forward to seeing the next chapter of Audacy’s success.”

Industry Views

Fair Use or Foul Play? Lessons from “Equals Three”

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

imgIn the ever-evolving landscape of digital media, creators often walk a fine line between inspiration and infringement. The 2015 case of “Equals Three, LLC v. Jukin Media, Inc.” offers a cautionary tale for anyone producing reaction videos or commentary-based content: fair use is not a free pass, and transformation is key.

The Case at a Glance

“Equals Three,” a popular YouTube series, built its reputation on humorously reacting to viral videos. The show used 10-30 second clips of these videos, pausing periodically for the host to add jokes and reactions. Jukin Media, which owns the rights to many viral clips, sued for copyright infringement, arguing the use was not protected under fair use.

The court sided with Jukin Media, ruling that “Equals Three’s” use was not sufficiently transformative. While the show added humor and commentary, it primarily repackaged the original content for entertainment without enough new meaning.

What This Means for You

Fair use requires creators to add something new, such as critique or analysis. Simply reacting to content with jokes or minimal commentary isn’t enough. Use only what’s necessary and ensure your work doesn’t substitute for the original.

Additionally, fair use considers market impact. If your content diminishes the value of the original by serving as a substitute, it’s unlikely to qualify. 

Why This Matters

Reaction videos and commentary are staples of digital media, but they come with risks. The “Equals Three” case highlights the need for meaningful transformation. By focusing on critique, analysis, or education, creators can navigate fair use confidently while respecting intellectual property rights. 

Media attorney, Matthew B. Harrison is VP/associate publisher, TALKERS; Senior Partner, Harrison Legal Group; 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@HarrisonLegalGroup.com