Just Because You Found It Online Doesn’t Mean You Can Use It
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
A 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@HarrisonMediaLaw.com or read more at TALKERS.com.
threatening free speech, medical autonomy, and the core doctor-patient relationship.” Dr. Gold states, “This is a wake-up call. We’re watching medicine become weaponized against the people it’s meant to serve. This film asks the question every American should be asking: Who does your doctor work for?” SalemNOW general manager Robert Ellis adds, “We’re proud to give a platform to voices willing to stand for truth. This film is essential viewing for anyone who believes medical freedom is worth protecting.”
and achievements of women in media.” The Gracies Gala takes place May 19, 2026, at the Beverly Wilshire and the Gracies Luncheon happens June 16, 2026, at Cipriani 42nd Street in New York City. AWMF president Becky Brooks says, “Following a landmark 50th anniversary season, we remain inspired by the power of women’s voices in shaping our media landscape. The 51st Gracie Awards will honor the enduring influence of those who paved the way and spotlight the voices who continue to challenge, innovate, and lead. As we look to the future, we are committed to elevating the diverse and brilliant stories women bring to audiences every day.”
She brings to the microphone more than two decades of experience in communications and marketing across both commercial and political sectors, with commentary featured on FOX News Channel and Univision, as well as published opinion pieces in The Baltimore Sun. She grew up attending Maryland schools while her father served as an Army officer and returned home after graduating from the University of South Florida.” Aviles comments, “As WBAL celebrates its 100th year on the air, I’m incredibly honored to join this legacy of broadcasting and to bring my voice to Maryland’s afternoon drive. This show will be about real conversations – local, national, cultural – I’m excited to connect with listeners every day.”
lineup anchored by Shannon Burke (PM drive) and Bubba the Love Sponge (AM drive), and will welcome Panama City’s own Brian Rust to the network as the new 9:00 am to 12:00 noon host. JVC CEO John Caracciolo says, “This is more than a format flip; it’s a statement. By bringing WYOO into the Florida Man Radio Network, we’ve created a single, dominant talk radio platform that spans from Pensacola through Panama City and beyond. The Florida Panhandle is one of the most politically engaged and conservative regions in the country. This move allows us to deliver content that speaks directly to the values, voice, and lifestyle of real Floridians.”
satellite radio; 2) In the second quarter of 2025, ad supported audio accounted for 64% of all listening, while in the TV landscape, 74% of viewing was done on ad supported platforms; 3) Zeroing in on the ad supported audio universe, consumers spent 64% of their daily time in the second quarter with radio, 19% with podcasts, 14% with streaming audio services and 3% with satellite radio. The study also tracks listening by format and news/talk (AM/FM and streaming) not surprisingly dominated the 35+ demo with more than a 12 share. But the format also did well with 25-54s, notching a 6.5 share (which topped all other formats except adult contemporary
company’s media platforms, bringing her energy, expertise, and signature charisma to a wide array of content.” Crull will be full-time co-host of “The Buck Belue Show” and will make regular appearances on “The Locker Room” morning show, in addition to leading efforts to expand Dickey Broadcasting’s digital footprint through original podcast content and cross-platform storytelling. Station president and GM David Dickey says, “We couldn’t be more excited to bring Kelly on board full time. She’s the kind of multi-talented broadcaster that elevates everyone around her. Whether she’s behind the mic, in front of the camera, or developing digital content, Kelly brings a passion and professionalism that align perfectly with our mission to inform, entertain, and connect with sports fans across Georgia and beyond.”
Salzone to operations manager for the 10-station cluster. Salzone will take over for Chris Allinger who is retiring at the end of August. Cayuga Media Group president and GM Chet Osadchey says, “Joe is an incredibly hard-working and knowledgeable broadcast professional. He will be a guiding force in our continued evolution as a local media source.”
and actions prior to the Paramount-Skydance merger. Paramount’s CBS agreed to a settlement with President Donald Trump over a Kamala Harris interview on “60 Minutes.” The complaint says, “Everyone from U.S. senators to CBS employees to a dissenting FCC commissioner has said the settlement appears to have been a bribe to grease the wheels for Carr’s FCC to approve the merger. Even putting Paramount aside, Carr has pursued numerous other frivolous and unconstitutional legal proceedings and threatened more of them in furtherance in his efforts to intimidate broadcast licensees to censor themselves and fall in line with Trump’s agenda.” It goes on to say, “Carr’s actions brazenly violate legal and ethical standards that govern the practice of law and public officials, undermining the First Amendment, the FCC’s credibility, and the laws he is trusted to administer. His abuse of his office to force an unwarranted settlement of a private lawsuit is shameful and warrants disbarment.”
Musers” – starring George Dunham, Craig Miller, and Gordon Keith – is joining the Cumulus Podcast Network. Calling it a natural extension of the daily radio program, Cumulus says “The Musers: The Podcast” will deliver exclusive podcast-only segments that fans won’t hear anywhere else. A new episode drops each Wednesday.
Reviewing radio’s challenges:
of Atlanta. And raised an event record of more than $2.1 million. WSB director of operations Ken Charles says, “95.5 WSB has the most generous listeners in the country, without them this is not possible. I am blessed to work with the most passionate, dedicated and hardworking team in the business. I couldn’t be prouder of what we achieved over these incredible and inspirational 38 hours.”
media users, and linear TV viewers. Ad-supported audio listeners are more likely to be Amazon Prime members, spend more, and were more aware of Amazon Prime Day 2025; 2) Ad-supported audio (AM/FM radio, music streaming, and podcasts) are ideal media platforms for retailers and e-commerce brands: Heavy audio listeners are more likely to shop online. Heavy AM/FM radio and podcast listeners spend more online than TV viewers; 3) AM/FM radio makes your TV better – “20 gets you 50”: A 20% shift of a TV media budget to AM/FM radio generates a +50% increase in campaign reach. Nielsen Media Impact campaign optimizations reveal shifting media weight to AM/FM radio generates significantly more reach, especially among younger 18-49 demographics. AM/FM radio does an extraordinary job in increasing campaign reach among light TV viewers who will not see retailer TV ads; and 4) Audio holiday AM/FM radio campaigns work: Consumers exposed to an Amazon holiday AM/FM radio campaign have higher brand equity (awareness, ad recall, prior purchase, and purchase intent). Nielsen sales effect studies reveal AM/FM radio campaigns for retailers generate significant return on advertising spend: $15 dollars of incremental sales for every dollar of AM/FM radio advertising. 
Why 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.
and more in alleging that he had a deal with Del Nin in 2022 and began working together “to try to acquiring Cox Radio, with Del Nin agreeing that Warshaw would manage the business as CEO upon successful acquisition.” Warshaw also says he steered SFM and Del Nin to the deal that made SFM a majority stake holder of the new Audacy in early 2024 and alleges he was promised he’d be the next CEO of Audacy or that he would get 5% of SFM’s profits from the Audacy acquisition. As for the change of venue, both parties agree the case involves both complex legal issues and a claim for monetary damages. The defendants says it’s likely to require resolution of “complicated legal and factual issues.” (Del Nin has already moved to dismiss on jurisdiction grounds, which involves questions of constitutional law.) Plus, SFM anticipates the case will benefit from careful discovery oversight as it will need discovery from Warshaw as well as potentially from third parties, including from Connoisseur and the other investment firms Warshaw references in the Complaint.
for free markets, Gomez called out the FCC’s role and Paramount for “cowardly capitulation.” Trusty said, “This transaction reflects the free market at work, where private investment, not government intervention, is preserving an iconic American media institution. During its review of the transaction, the Commission determined the merger was lawful and would serve the public interest. This deal brings fresh 
leadership, new capital, and a clear plan to compete with dominant tech platforms.” Gomez stated, “In an unprecedented move, this once-independent FCC used its vast power to pressure Paramount to broker a private legal settlement and further erode press freedom. Once again, this agency is undermining legitimate efforts to combat discrimination and expand opportunity by overstepping its authority and intervening in employment matters reserved for other government entities with proper jurisdiction on these issues. Even more alarming, it is now imposing never-before-seen controls over newsroom decisions and editorial judgment, in direct violation of the First Amendment and the law… The Paramount payout and this reckless approval have emboldened those who believe the government can – and should – abuse its power to extract financial and ideological concessions, demand favored treatment, and secure positive media coverage. It is a dark chapter in a long and growing record of abuse that threatens press freedom in this country.”
streams) make up 34% of the daily audio time of U.S. consumers ages 13+. Looking at what makes up the other 66% of daily audio time it’s interesting to note that media platforms that didn’t exist (or were very new) 20 years ago make up a combined 54% of daily audio time. Those media platforms are streaming music (23%), YouTube (14%), podcasts (10%), and SiriusXM (7%). 
station ownership. NAB president and CEO Curtis LeGeyt issued a statement expressing his pleasure with that move but said he’s disappointed the Court didn’t do the same for radio. LeGeyt says, “At the same time, we are disappointed that the court stopped short of addressing the decades-old radio ownership restrictions that defy economic reality and weaken broadcasters’ ability to compete, invest in local journalism and serve their communities. Fortunately, FCC Chairman Brendan Carr has long been a champion for empowering local stations, and we look forward to working with this FCC to modernize its local radio ownership rules and ensure local broadcasters can thrive in the communities they serve across the nation.”
Angeles’ “Mason & Ireland” show to continue in that role. ESPN EVP, executive editor, sports news and entertainment David Roberts says, “We’re thrilled to continue our partnership with Steve and John. They bring energy, humor, and perspective that resonate with listeners across Los Angeles. There’s nothing quite like ‘Mason & Ireland’ in the market or in sports radio.”
Mark Walters
iHeartMedia Norfolk announced today (7/25) the debut of BIN 92.1 FM, Norfolk’s Black Information Network, effective immediately. The Black Information Network has transitioned from 105.3 FM (WNOH) to its new home at 92.1 FM (WHBT), where it will continue delivering what is described as “nonstop, reliable news coverage shaped by the Black community.” According to iHeartMedia Norfolk market president, Denene Moore, “Listeners can count on the same high-quality journalism, in-depth reporting, and culturally relevant storytelling—now on 92.1 FM and available on the iHeartRadio app.” Moore continues, “BIN has become a vital voice in communities across the country, and we’re proud to continue that trusted news and perspective here in Norfolk. This move ensures that our listeners have access to the stories that matter most, told through a lens that reflects their experiences and voices.”