When One Clip Cuts Two Ways: How Copyright and Defamation Risks Collide
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
A 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@HarrisonMediaLaw.com or read more at TALKERS.com.
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to elevating Black culture and storytelling across podcast and video platforms” that will serve as the exclusive home for both the Amplified Voices Podcast Network and the soon-to-launch Amplified Voices TV. Superadio and AURN CEO Chesley Maddox-Dorsey says, “This launch represents a powerful evolution in our mission to serve Black audiences. By creating three distinct digital destinations – AURN.com, Superadio.com and AmplifiedVoices.com – we are sharpening our focus to better meet the needs of our listeners, viewers and content distributors.”
that Audacy bargain respectfully and in good faith as we work to improve our salaries, benefits, pathways to promotion, workplace safety, remote work options, preserve severance, and protect against the growing threat of artificial intelligence.” Regarding the issue of safety, WGAE president Lisa Takeuchi Cullen says, “1010 WINS runs 24/7 and requires people to commute to the office at all hours. The station’s journalists have been threatened and even attacked. Audacy needs to take responsibility for the safety of its employees and our members. This is one of the many issues that management still needs to address in a fair and equitable contract.” 
receive on our mobile phones. With underlying frameworks that are 31 and 13 years old respectively, we think it’s time to explore if structural changes to these systems are needed, with an eye towards making sure we are leveraging the latest technology to save lives. Similarly, we will also vote to initiate a review of our system for collecting real-time data on network outages and restoration during and after major disasters. Since its inception in 2007, our Disaster Information Reporting System (DIRS) has proven to be a valuable tool for collecting actionable information to help with recovery efforts. While the DIRS reports are valuable, they can be time-consuming to produce, drawing resources away from responding to an ongoing disaster. The Commission will vote on reforms to streamline DIRS to make sure that its benefits outweigh its burdens. We’ll close our August meeting by removing unnecessary regulations and injecting common sense across the Commission’s policies—critical features to streamline the implementation of our Build America Agenda.” 
defund, or threaten news outlets that support the government’s views, and there’s a reason for that. This has never been about saving money. It’s about silencing those who report the news accurately, without fear or favor. The true cost of this one-sided attack on free speech will be felt most by small and rural communities across the country. Much like the disappearance of local newspapers, cutting off support for public stations could create a new kind of ‘news desert.’ In many hard-to-reach areas, these stations may be the only source for the public to receive emergency alerts, traffic updates, and information about local events and ways to stay engaged in their own neighborhoods. Defunding them strips away these essential services and further isolates the very communities these stations seek to serve. The FCC is playing a dangerous game with its own baseless attacks on public broadcast stations. Its role should be to protect and expand the public’s access to timely, accurate news that is free from political interference. I will continue fighting this FCC’s politically motivated efforts to investigate and harass these stations.” 
cluster and will continue in that role. Audacy regional president Brian Purdy comments, “Over the past few months, Tatjana has seamlessly led the team with the powerful combination of her contagious passion for this business and people-first leadership. Since stepping in as vice president of sales a little over a year ago, she has been a driving force in the market’s success, and we’re confident she’ll bring that same energy and creativity to her expanded role. We’re excited to see how she continues to uplift our Austin brands.”
Amarillo markets. Those markets include news/talk KFYO and talk KKAM/K280GU in Lubbock and news/talk KIXZ, Amarillo. Most recently, he served as president of iHeartMedia’s Nashville station group.
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marketers, not because it’s ineffective, but because it’s quietly efficient.” He adds, “Low levels of variability and the lack of granular data at the campaign and market levels can cloud the results. Smaller campaign investments can also fly under the radar, making it harder for models to detect Audio’s true impact.” Borelli says Audacy is working with other audio companies and with partners like the RAB and IAB to provide more granular data and to standardize model inputs. “We’re running model audits and retroactive studies to properly demonstrate Audio’s impact including replacing media plan data with ‘as-run’ actuals because as-run data provides significantly more variation, which stimulates the models to more effectively identify radio’s correlation with sales results.” 
“Eric from Dominion saying he was going to make sure President Trump lost the 2020 election.” That was picked up and broadcast by OAN network and further repeated by the Trump campaign and Trump attorneys Rudy Giuliani and Sidney Powell. Coomer also sued MyPillow CEO Mike Lindell and won a $2.3 million judgement. Courthouse News also reports that Coomer is also suing Salem personality Eric Metaxas who recently filed with the court to settle and is awaiting approval from the court. Interestingly, Corporon – a practicing attorney – is representing Gateway Pundit owner James Hoft who is also being sued by Coomer for defamation. That case is scheduled to go to trial in April of 2026. 
and NPR’s most popular podcasts – “NPR News Now” and “Up First” – maintain their first and second-place finishes, respectively. Changes of note from May to June include Salem Podcast Network’s “The Charlie Kirk Show” rising three places to #5, Cumulus Podcast Network’s “VINCE” rising one spot to #10, and iHeartRadio’s “Clay Travis & Buck Sexton” falling two places to #16. 
Both personalities came to television from radio – Carton from WFAN, New York and 
Parkins from WSCR, Chicago. Industry watchers are speculating whether the two, especially Carton, will return to radio. In the New York Post, sportswriterAndrew Marchand notes that after his prison stint for a fraud conviction, Audacy’s now-chief business officer Chris Oliviero was instrumental in bringing Carton back to WFAN as afternoon drive co-host. Carton did radio and the FS1 show before leaving radio to focus on the early morning TV show.
Consumer. Edison says the webinar will cover the current size and habits of the U.S. podcast audience and explore how things have changed over time. The webinar is July 23 at 2:00 pm ET. 
In 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.
operations for the cluster that includes sports talk KILT-AM, sports betting KIKK-AM and four music brands. Logan says, “I’m so excited to be returning to Audacy and Houston! Thanks to Sarah Frazier, Brian Purdy, Tim Roberts, Dave Richards, Jeff Sottolano and Chris Oliviero for once again handing me the keys to these legendary Houston brands. I know Houston is hot, I know it’s where to find the best queso in the world, and I know how to help teams achieve success! We start immediately.”
is a return to WABC. Red Apple owner John Catsimatidis says, “As Red Apple Media continues to enlarge its footprint in radio, we recognized a need for an engineering specialist with insights that will bolster our growth strategy as we identify properties for our expansion. Bert’s experience made him the perfect choice.” Goldman comments, “I’m eager to come home to 77WABC and join Red Apple Media as it enters its next growth phase. John has revived AM talk radio with big-name hosts and created renewed excitement for broadcast radio overall.”
that Teinowitz, former co-host of the “Mac, Jurko and Harry” show with Dan McNeil and John Jukovich on WMVP, Chicago’s, had been ill in recent years, having received a liver transplant and suffering from liver and heart issues. Teinowitz began his radio career as part of the morning show on crosstown competitor WSCR. He also did on-air appearances on WLUP-FM and WGN-AM. 
Let’s look into the crystal ball. Humor me if you will.
for WWJ and sports talk WXYT-FM “97.1 The Ticket” since 2018. Audacy Detroit SVP and market manager Debbie Kenyon says, “We are excited to have Chris bring his passion and energy to the morning show. Chris and Jackie are a powerful team, and we’re confident they’ll make an impact every morning while connecting with our listeners.” Fillar comments, “I’m ecstatic to take on this new role alongside Jackie and the entire fantastic morning newsroom at WWJ. It’s an honor to wake up and deliver trusted news to our listeners, and I’m humbled to work with such a great team!”
Hubbard Seattle stations (then owned by Sandusky) and rose through the ranks in promotions, sales, and on-air roles, and was selected for Hubbard’s inaugural NextGen Leadership program. Most recently, Beyer held senior sales leadership positions at CRISTA Media and iHeartMedia Seattle. Beyer says, “I’m incredibly honored to return to where it all began. Hubbard Radio Seattle is home, and I can’t wait to work with this amazing team to serve our listeners, clients, and community.”
-home media company JCDecaux reveals creative best practices for billboard advertising that the AM/FM radio industry can utilize to improve visual ad impact. Some of the key findings include: 1) Quu visual AM/FM radio ads on auto dashboards increase purchase intent by +89%; 2) You’ve got two seconds so brand fast: Visual logos placed at top of the frame deliver 4X higher brand recognition; 3) Beware the cost of dull: Failure to engage emotionally is the cost of creative mediocrity; 4) Be consistent with a brand’s colors, logos, slogans, and fonts that appear in other advertising; 5) Keep it short: The fewer the words, the greater the brand recognition; and 6) Create happiness: Ads that create positive emotions with happiness, surprise, or humor generate much stronger memorability, brand association, store visits, and website visits. 
