Industry News

Hillsdale Radio Performs Big Time Election Night Coverage

HillsdaleJournalism is alive and well within certain college radio circles. On Election Night (11/5), the WRFH/Radio Free Hillsdale 101.7 FM student broadcast team hosted live coverage from the Searle Center on Hillsdale College’s campus in Hillsdale, MI and invited students, faculty, and staff to attend and watch election results roll in and listen to analysis. Student anchors were joined by the presidents of Hillsdale College Republicans and Hillsdale College Democrats, three members of the Hillsdale faculty, a candidate for the Michigan State House, a candidate for the Michigan Supreme Court, and reporters from the Detroit News, the Daily Caller, the Center Square, and the Daily Signal. Back at the WRFH studios, the station’s news team worked to update listeners with results from state and local races all night long. More than 200 people came out to the broadcast in action. WRFH GM Scot Bertram tells TALKERS, “It was a home-run event!  Students work hard to prep for this quite unpredictable night. There’s an enormous amount of planning and research involved to set everything up. Then the night unfolds, and they realize it’s a ton of fun, as well. I’ve heard from more than a few students who took part in our previous Election Night events that it’s one of their best experiences on campus and really drew them deeper into the journalism program here at Hillsdale.”

 

Industry News

TALKERS News Notes

BFoA Launches Annual Year-End Giving Campaign For Donations to Help Colleagues in Need.  imThe Broadcasters Foundation of America has launched its annual Year-End Giving Campaign, which seeks to raise donations from tax-deductible personal contributions to the Guardian Fund and corporate contributions to the Angel Initiative. The Broadcasters Foundation, a 501c3 charity, is the only charity devoted exclusively to helping colleagues who are in dire need of monthly or emergency financial assistance due to life-altering illness or a disaster. “We are devoted exclusively to providing aid to colleagues in broadcasting who are suffering from extreme illness, or hardship from a devastating disaster,” stated Tim McCarthy, president of the Broadcasters Foundation. “We also take care of colleagues who have retired. Grants are supported solely by contributions from individuals and companies within our industry and offer a ‘hand-up’ to our colleagues during trying times. We’re asking everyone in broadcasting to please consider including the Broadcasters Foundation in your 2024 charitable giving.”  Over the past 20 years, the Broadcasters Foundation has distributed over $15 million in aid to colleagues nationwide, across all states and territories, who need it most. “Requests for aid continue to grow exponentially as more of our peers and their families are affected by severe illness or disasters, such as the recent flurry of destructive hurricanes,” explained Scott Herman, chairman of the Broadcasters Foundation. “Whether it’s a monthly grant or one-time aid in response to an emergency, the Broadcasters Foundation is often a refuge and beacon of hope for colleagues whose lives have been upended by unforeseen and tragic circumstances. Please consider a donation. Donations go directly to helping our colleagues who are in desperate need.”  For more information about the Broadcasters Foundation, including how to apply for aid or make a donation, visit www.broadcastersfoundation.org, or contact 212-373-8250 or info@thebfoa.org.

 

Trans Siberian Orchestra
Siberian Orchestra Delivers a Powerful “Star-Spangled Banner” for Radio.  The Trans-Siberian Orchestra (TSO), the rock group known for its epic Christmas concerts, has released a special rendition of the “Star-Spangled Banner.” With this interpretation of the national anthem, TSO honors the brave men and women who have served our country, including those who made the ultimate sacrifice. TSO’s music director, Al Pitrelli, tells TALKERS, “I grew up in a military family. Both of my grandparents, my father, and uncles, served. Two of my children are currently serving. The Armed Forces is an important thing in my family and the TSO family. We always make sure to acknowledge all they do for this country.” This powerful performance has been made available for radio to air on Veterans Day and throughout the year.
For more information contact: Mike McVay – mikemcvay@mcvaymedia.com 
Industry News

“Chachi Loves Everybody” Podcast Releases Two New Episodes Featuring 2024 Giants of Broadcasting Honorees, Al Roker of NBC’s “The Today Show” and Patsy Smullin, Owner and President of California Oregon Broadcasting

Benztown, a global leader specializing in radio imaging, voiceover, programming, podcasting and jingles, announces the release today (11/7) of two new episodes of its series “Chachi Loves Everybody,” an original podcast hosted by its president Dave “Chachi” Denes. imThese episodes feature Chachi’s special guests Al Roker, longtime weatherman on NBC’s The Today Show and co-anchor of the iconic morning show’s third hour, and Patsy Smullin, owner/president of California Oregon Broadcasting, and host of the successful television interview series, Up Close and Personal.  Roker and Smullin will be among those honored next week as Giants of Broadcasting by the Library of American Broadcasting Foundation at the 2024 Giants of Broadcasting & Electronic Arts luncheon and awards ceremony. The event will be held on Tuesday, November 12th at Gotham Hall in New York City.  To listen to these new “Chachi Loves Everybody” podcast episodes, please click here. For more information about the 2024 Giants of Broadcasting & Electronic Arts luncheon and awards ceremony, and for a full list of honorees, please click here.

Industry News

Yesterday’s (11/6) Top News/Talk Media Stories

ELECTION POST MORTEM:  “Monday Morning Quarterback” analysis of the presidential election was dominant on the top talk media stories list yesterday (11/7) as the dust slowly settles on an industry that just ran a marathon.  Other top issues of discussion emanating from that included abortion rights, the economy, media bias, war and rising tensions in the Middle East and Central Europe, and the ever-present migrant/border crisis according to ongoing TALKERS research.

 

Industry News

NYPost: “iHeartMedia Slashes Hundreds of Jobs”

The New York Post is reporting that iHeartMedia has cut “hundreds” of jobs in a move executed on Monday (11/4). The Post writes, “The company headed by CEO Bob Pittman has cut less than 5% of a workforce ofim more than 10,000 employees, a source with knowledge said, amounting to hundreds of job losses as the company streamlines its business and eliminates redundancies. The story also quotes iHeartMedia spokesperson Wendy Goldberg, saying the company has focused on expanding its Gen Z audience and that its broadcast radio audience has “more listeners than it did 10 years ago. Although in a company of 10,000 people very few jobs have been affected, there have been some and we never take this step lightly no matter how few jobs it entails; every team member is important to us and has our respect and appreciation.” Read the Post story here.



Industry News

NAB Statement on 2024 Presidential and Congressional Election

In response to the 2024 presidential and congressional election, the NAB released the following statement: im“NAB congratulates President-Elect Trump and the new and returning members of Congress. Local television and radio stations are committed to working with the next administration on policies that will enable increased investment in local journalism, emergency information, sports and entertainment on which our communities rely. NAB will continue its bipartisan work with policymakers to strengthen this free, local service that is essential to our democracy.”

Industry News

Talk Radio Shines with Election Night Coverage

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It was a late night of extra duty for radio talk show hosts as stations and networks across the nation garnered their human and technical resources to provide listeners with accurate news and insightful analysis of the unfolding drama of Election Night in America. In many cases, coverage was provided by panels of air staffers, contributors and special guests gathered in central studio locations and supplemented by remote audio and video call ins.  Some stations sent their talent to electoral hot spots for live remote reports. Local talk show hosts from the battleground states enjoyed extra exposure making multiple appearances as guests on other shows and platforms around the nation.  Syndication networks used the event effectively to showcase their talent lineups.  And the “special” nature of these programs created a wide variety of advertising package opportunities for radio sales departments locally and nationally. In the broader arena of talk media, a number of popular political YouTube channels from both the left and right also put their best efforts into covering the news and views of one of the most anticipated nights in U.S. election history.  As TALKERS publisher Michael Harrison put it, “Talk radio and its YouTube and podcasting cousins took a back seat to no one – specifically the major TV networks – in their determination to provide their loyal audiences totaling millions of the most politically active citizens with the news and views that make their collective platforms the most accurate bellwether of American public opinion in the media today.”    Pictured above: Election Night coverage live from the state-of-the-art WABC, New York audio/video “Studio 77.”  Shown (l-r) George Pataki, former New York State governor; Judge Richard Weinberg, co-host of “Let The Record Show;” Rita Cosby, host of “The Rita Cosby Show” and co-host of “Cats & Cosby;” John Catsimatidis, owner of Red Apple Media and WABC, host of “The Cats Roundtable,” and co-host of “Cats & Cosby;” Anthony Weiner, former U.S. Representative, host of “The Middle with Anthony Weiner,” and co-host of “The Left Versus The Right;” Paul Stone, CEO of Colonial Metals Group and economic contributor to WABC Radio; and David Patterson, former New York State governor and political contributor to WABC Radio.

Industry News

Motor Racing Anchor Jeff Striegle to Take the Checkered Flag on His NASCAR Career

As NASCAR crowns a Premier Series Champion this Sunday, November 10th at Phoenix Raceway, Jeff Striegle, Motor Racing Network lead anchor, will sign off for the last time capping a 27-year career with the network. Striegle has witnessed some incredible moments with MRN including in recent years the introduction of the Busch Clash at the L.A. Coliseum and Chicago Street Course, the closest finish in the history of the sport just this spring at Kansas Speedway, but for him “It’s hard to pick out just one racingim moment.” Striegle tells TALKERS, “There are so many amazing memories. For me, what I will miss most are the people. Everywhere we go, we meet wonderful people, great race fans that tell us, ‘We have been listening to MRN for years…’ they always want to thank us for what we do. Without the fans, there would be no need for the Motor Racing Network.”  “Throughout his time with the network Jeff has lent his talents to a number of positions around the racetrack before finding his way to the broadcast booth in 2013,” said MRN president Chris Schwartz. “His broadcast career began like so many others by working the public address booth providing the soundtrack for thousands of fans at his local racetrack, in Jeff’s case Berlin Raceway in Marne, Michigan. He has been involved with calling some of the sport’s most iconic moments, and it is fitting that the checkered flag will fall on his broadcast career by calling the final laps of another NASCAR Cup Series Championship.”  Motor Racing Network will have flag to flag coverage of the NASCAR Cup Series Championship Race Sunday, November 10th beginning at 2pm ET. The NASCAR Cup Series Championship Race will be carried LIVE on approximately 300 radio station partners across the United States, the NASCAR mobile app, and at MRN.com.  For affiliation in your area, contact Bob Quick, director, radio partnerships & traffic at Motor Racing Network by email at bquick@mrn.com or by calling 704-262-6713.

Industry Views

FAIR USE: What Constitutes “Publishing” or a “Publication” on Today’s Media Playing Field?

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

imAs the practice of “clip jockeying” becomes an increasingly ubiquitous and taken-for-granted technique in modern audio and video talk media, an understanding of the legal concept “fair use” is vital to the safety and survival of practitioners and their platforms.

When assessing fair use in audio media, courts closely examine the “nature of the copyrighted work,” especially focusing on whether the work is factual or creative, and published or unpublished. Factual content, such as news reports or data, is more likely to be seen as fair use material, as it’s in the public interest to keep factual information accessible. Creative works, like music, fiction, or original performances, often enjoy stronger protection because they embody the creator’s unique expression and should be compensated accordingly.

Unpublished interviews or speeches.  When audio content includes unpublished material – such as a speech or interview that hasn’t been publicly released – courts typically approach it with heightened caution. For example, if a podcast includes clips from an unpublished interview with a politician to enhance commentary, courts might scrutinize this more heavily than they would a published work, as the speaker retains significant control over whether and how the content reaches the public.

Case study insight: Salinger v. Random House (1987).  The landmark case Salinger v. Random House highlighted how unpublished works generally receive stronger copyright protection. In this case, the use of unpublished letters in a biography was ruled as infringing, emphasizing that unpublished materials hold a unique status in copyright law. If a podcaster today were to use a similarly unpublished interview with a public figure without significant commentary or transformation, they might face greater legal challenges.

Redefining “published” in the digital era.  With digital platforms, the meaning of “published” is evolving. Traditionally, a work was deemed “published” when made available for sale, license, or public distribution. Now, sharing content online, even in a limited way – such as within a closed social media group or private online forum – raises questions about whether the content should be considered published. Courts are increasingly aware that limited digital sharing doesn’t necessarily reduce a work’s unpublished protections, but extensive online distribution might.

Modern considerations of online sharing. Courts today analyze factors like control over access and the sharing platform’s nature. For instance, an audio clip shared in a restricted forum might retain its unpublished protections, while a widely posted clip could lose some of those protections. Additionally, when creators post content on platforms like Instagram or YouTube before officially “publishing” it elsewhere, courts may take the creator’s intent and distribution scope into account when determining the content’s legal status.

As online platforms reshape how creators distribute their work, they also impact fair use, pushing courts to reinterpret what it means for a work to be “published.” This evolving understanding means that copyright protections depend not only on whether a work is accessible but also on the level of control over its distribution, especially for audio 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

Industry News

Yesterday’s (11/5) Top News/Talk Media Stories

ELECTION DAY WRAP UP:  The presidential race was supremely dominant on the top talk media stories list yesterday (11/5) on Election Day.  Conversation focused primarily on polls, predictions, and encouragement for voter turnout.  Other top issues of discussion emanating from that included abortion rights, the economy, media bias, war and rising tensions in the Middle East and Central Europe, and the ever-present migrant/border crisis according to ongoing TALKERS research.

Industry Views

MH: Election Will Impact Positioning and Strategy for News/Talk Media’s Next Chapter in the Game of “Follow the Audience”

MH UCFO studioToday 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.”

Industry News

Beasley Broadcast Group Reports Third Quarter Revenue of $58.2 Million

Beasley Broadcast Group reported $58.2 million in revenue for the third quarter of 2024, down 3.2% from last year.Beasley This drop is partly due to selling their Wilmington station and closing some digital businesses. Despite this, Beasley saw growth in digital and political advertising. They earned $1.2 million in operating income this quarter, a significant improvement from last year’s $85.5 million loss, which included large non-cash impairment costs. This quarter’s net loss was $3.6 million, much lower than last year’s $67.5 million loss, as Beasley reduced expenses and interest costs. Digital revenue continues to grow, now making up 19.4% of total revenue. Beasley’s CEO, Caroline Beasley, noted that digital transformation and political ads helped offset challenges in traditional radio advertising. She emphasized ongoing efforts to streamline operations, improve finances, and focus on their digital platforms. To see the full report please click here.

Industry News

Boston Sports Talk Legend Fred Toucher on the Demise of His Old Partner’s New Show: “I Hate Him”

In an example of just how contentious sports talk radio can be, long-time Boston sports talk radio host Fred Toucher did not hold back in slamming his old partner, Rich Shertenlieb, whose new show was cancelled this week. Fred Toucher ID (From Seminar 2024)Toucher, who now co-hosts “Toucher & Hardy“ on 98.5 The Sports Hub, WBZ-FM, Boston took some time on this morning’s show (11/5) to address ”the elephant in the room.” Shertenlieb‘s new show on local classic rock outlet WZLX had been canceled after five months, and Toucher didn’t seem to have any sympathy for his former partner.  In a story by reporter Nick O’ Malley posted on the news site MassLive.com, “I hate him,” Toucher said. “So, I was happy yesterday when I heard about this. But I was a little disheartened that he still carries none of the responsibility and takes none of the blame and still just can’t be honest.”   Toucher and Shertenlieb co-hosted the “Toucher & Rich” show from 2009-2023, working together to produce one of Boston’s most popular morning shows. However, the show ran into issues in 2023. Toucher missed time due to personal and physical issues, including a stretch of time at an alcohol detox facility. In November, parent company Beasley Media said in a statement that Shertenlieb declined to accept a new contract.  On Monday, Shertenlieb announced that he was “disappointed” that his show was being canceled after just five months. The radio host complained that management forced him to “alter the format” of the show by adding music.  However, Toucher noted Tuesday that Shertenlieb’s show was a “ratings disaster.”  “He not only did not bring in a new audience to that show, he alienated – based on ratings – their entire existing audience,” Toucher said. “He had like a third of the ratings that they got jockless in the morning … Yeah, management might have been a little concerned.”  Toucher said that critics can paint the picture of his reaction however they like. But he did note that he and co-host Jon Wallach say they weren’t alone in celebrating the demise of Shertenlieb’s show.  To see the complete article in MassLive.com, please click here.

Industry News

TALKERS News Notes

HRN Hispanic Radio Network Responds to Advertisers Creates “The Influencer Radio Network.” HRN, the highly Nielsen-Rated Hispanic Radio Network, has created “The Influencer Network” to help advertisers connect with Hispanic communities across the U.S.Hispanic Radio Network The Influencer Network leverages the growing impact of HRN’s syndicated personalities on their radio listeners and social media followers.  “Radio personalities are the original influencers” says Clark Logan, President of HRN. “Fernando Fiore (a.k.a. Mr. Soccer), Ana Maria Canseco, Riva, (Los 40 USA) and DJ Xtreme are great talents. Their audiences on air and online identify with them while listening to their shows and reading the social posts in a lean-forward fashion. Brands can use association with these influencers to increase awareness and favorability of their brands with consumers.” For more information on the HRN Hispanic Radio Network, contact Clark Logan at Clark.Logan@genmediapartners.com for advertising and Jimmy Perez at jimmy.perez@genmediapartners.com for affiliations.

 

Austin’s KUT News and KUTX 98.9 GM Debbie Hiott Elected to the NPR Board of Directors.KUT KUT/KUTX, Austin GM Debbie Hiott has been elected to the NPR Board of Directors by NPR member station peers from across the country. Her term began yesterday (11/4) and runs through 2027. “It felt important to have a seat at the table at a critical time for NPR as it determines how to address challenging audience and underwriting trends, and how it will handle relationships with member stations,” said Hiott. Debbie Hiott ID“NPR’s health is our health, and vice versa. It’s important that the member stations and NPR work together on solutions to our audience and revenue challenges. I’m hoping I can help contribute to those solutions.”

 

Industry News

Yesterday’s (11/4) Top News/Talk Media Stories

POLLS AND PREDICTIONS:  The presidential race was supremely dominant on the top talk media stories list yesterday (11/4) on Election Eve.  Conversation focused primarily on polls and predictions.  Other top issues of discussion emanating from that included abortion rights, the economy, media bias, war and rising tensions in the Middle East and Central Europe, and the ever-present migrant/border crisis according to ongoing TALKERS research.

 

Industry News

NYTimes: “Interview” With a Dead Luminary on Polish Radio Station Ignites Backlash Against A.I.

According to an article published yesterday (11/3) in The New York Times written by reporter Andrew Higgins, when a state-funded Polish radio station canceled a weekly show featuring interviews with theater directors and writers, the host of the program went quietly, resigned to media industry realities of cost-cutting and shifting tastes away from highbrow culture. But his resignation turned to fury in late October after his former employer, Off Radio Krakow, aired what it billed as a “unique interview” with an icon of Polish culture, Wislawa Szymborska, the winner of the 1996 Nobel Prize for Literature. The terminated radio host, Lukasz Zaleski, said he would have invited Szymborska on his morning show himself, but never did for a simple reason: She died in 2012. The station used artificial intelligence to generate the recent interview – a dramatic and, to many, outrageous example of technology replacing humans, even dead ones. Zaleski conceded that the computer-generated version of the poet’s distinctive voice was convincing. “It was very, very good,” he said, but “I went to her funeral, so I know for sure that she is dead. ”The technology-enabled resurrection of the dead poet was part of a novel experiment by Off Radio Krakow, an arm of Poland’s public broadcasting system in the southern city of Krakow. The aim was to test whether A.I. could revive a moribund local station that had “close to zero” listeners, according to the head of public radio in Krakow. The station also planned from-the-grave interviews with other dead people, including Jozef Pilsudski, Poland’s leader when it regained its independence in 1918. Novelty value – and a storm of public outrage – worked to bolster Off Radio Krakow’s audience, which the head of Radio Krakow said grew to 8,000 overnight from just a handful of people after the introduction of three A.I.-generated Generation Z presenters – Emilia, 20, Jakub, 22, and Alex, 23, each of whom had a computer-generated photograph and biography on the station’s website. Less welcome than the audience surge, however, has been a barrage of abuse directed at the public broadcasting system and accusations that it was sacrificing humans on the altar of technology.  To read the entire article published yesterday in The New York Times, please click here.

Industry News

Jonathan Peterlin Named as Afternoon Show Co-host on 92.3 The Fan (WKRK-FM), Cleveland

The Fan GraphicAudacy names Jonathan Peterlin (pictured above right) as afternoon show co-host on 92.3 The Fan (WKRK-FM) in Cleveland. Peterlin will join co-host Nick Wilson (above left) and be heard weekdays from 2:00 to 7:00 pm ET. Peterlin had previously served as the station’s evening host since 2022.  “We believe Jonathan’s addition and presence on the show will bring a unique passion and energy to afternoon drive,” said Keith Britton, the station’s brand manager. “He has shown both the ability and readiness for this move and we are full speed ahead in our commitment to providing our listeners with the most engaging sports talk and entertainment on a daily basis.”  “92.3 The Fan and its listeners have been with me through every major chapter of my life, and this station has been a constant presence in my world,” said Peterlin. “Afternoon drive in Cleveland is the pinnacle of what I’ve always aspired to, and I truly couldn’t imagine a better person to share this journey with than my good friend, Nick Wilson. I’m extremely thankful for the chance to continue this journey with the listeners and the team at 92.3 The Fan.”

Industry News

TALKERS News Notes

NAB Statement Regarding Attacks on the First Amendment. National Association of BroadcastersIn response to the recent lawsuit filed against CBS News, the following statement was released by NAB president and CEO Curtis LeGeyt:  “A free press must report, inform and scrutinize without fear of reprisal. Frivolous lawsuits aimed at stifling this essential role risk undermining democratic principles and ignore the First Amendment’s protection of how news is reported. NAB stands firmly with our members against any attacks on their First Amendment-protected reporting.”

 

Fisher House Foundation is Presenting a FREE Veterans Day Weekend edition of “The Fisher House Story.” imHear the demo and register today at radio.fisherhouse.org. “The Fisher House Story” is a radio special provided in varying lengths for news/talk radio stations as well as a 30-minute public affairs show for ALL formats in the U.S. and around the world.  The 3-hour, 1-hour, 25 and 30-minute radio specials (available FREE) are hosted by long-time radio personality Larry O’Connor and feature stories of our nation’s heroes, the families who serve by their side, and how Fisher House plays a role in their journey. The free download will be available on Thursday (11/7).  For more information on this radio special, available cash and barter free, contact Larry O’Connor at 562-665-9537 or loconnor@fisherhouse.org.

Industry Views

MORE ON FAIR USE: Using the Audio/Video Content of Others Can Transform a Work into a Sum Greater Than Its Parts – Or Be a Legal Headache

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

Matthew B. Harrison, Esq.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

 

Industry Views

MONDAY MEMO: Quick Cash for Your House

By Holland Cooke
Consultant

im

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!”

im

Industry News

Top News/Talk Media Stories this Past Weekend (11/2-3)

The presidential race dominated the weekend talk media discussions (11/2-3), highlighted by each candidate’s “closing case.” VP Kamala Harris‘s appearance on SNL got a buzz as did NBC’s response to backlash with an offer of equal time to former President Donald Trump. Women’s health issues and abortion rights were dominant topics. This was followed by fear of escalating violence in Central Europe and the Middle East. Other topics in the mix were the economy, the migrant crisis, and talk of Trump’s plan to put Elon Musk and Robert Kennedy Jr. in positions of influence in his administration according to ongoing research from TALKERS.

Industry News

WMAL’s Larry O’ Connor Interacts with Hillsdale Radio Curriculum

Larry and Scot

TALKERS Heavy Hundred radio star Larry O’Connor just wrapped up nearly two weeks of shows from the WRFH studios on the campus of Hillsdale College in Hillsdale, Michigan. He hosted his “O’Connor & Company” morning program on Newstalk 105.9 WMAL in Washington, DC, as he served as Eugene C. Pulliam Distinguished Fellow in Journalism. Larry also produced his daily Townhall streaming show “LARRY” from the complex. While at Hillsdale, he taught a one-credit class for its journalism students, “Broadcasting and Podcasting,” and also delivered a public lecture entitled “The Media and the 2024 Election.” Video of that lecture can be found hereScot Bertram, general manager, WRFH/Radio Free Hillsdale 101.7 FM tells TALKERS, “I was happy to play a small role in making this incredible show happen every day for listeners in our nation’s capital and around the country. It was a real pleasure to watch this well-oiled machine operate, led by Larry, executive producer Heather Hunter, and technical producer Michael Shelton. Our journalism students learned a lot from observing these shows and having the opportunity to talk with Larry and receive in-person advice.”  Pictured above: Larry O’ Connor (l) and Scot Bertram (r) at Hillsdale. (Photo by Austin Thomason.)

 

Industry News

Swearing In of a True Talk Radio Hero

Jeff Katz

WRVA, Richmond afternoon host Jeff Katz (pictured above left) has been appointed to the Virginia Board for People with Disabilities by Governor Glenn Youngkin. Katz was appointed to the seat which is filled by a Virginian who is an advocate for the disabled. Katz is shown taking the oath of office as administered by Secretary of the Commonwealth Kelly Gee (r).  Katz – a past recipient of the TALKERS “Humanitarian of the Year” award – has achieved a stunning record of public service for the people of his listening area stemming from his and his wife’s personal experience and lifetime commitment as the parents of a 21-year-old daughter, Julia Katz, challenged by global development disabilities.

Industry Views

SABO SEZ: Blame TiVo

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

Walter M. SterlingTake 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.

 

 

 

Industry News

TALKERS News Notes

WURDWURD Radio Endorses Kamala Harris for President.  For the first time in its 20+ year history, Philadelphia’s only Black-owned radio station, WURD Radio has endorsed a political candidate — Kamala Harris for President of the United States. Prompted in part by the decision from owners of the Los Angeles Times and The Washington Post to overrule planned endorsements by their editorial boards, sources at the station tell TALKERS, this decision underscores the importance of independent media ownership. From the endorsement: “Our founder, Walter P. Lomax Jr., M.D., understood that the media has the power to shape perceptions, images, narratives and, most importantly in this election, to tell the truth. He understood that the media can demonize or humanize, destroy or exalt, diminish or elevate. Dr. Lomax knew that mainstream media often marginalizes, caricatures and maligns Black people. WURD is in a unique position to speak honestly and emphatically about what matters most to our community because we are independently owned.”  To read the entire text of the endorsement, please click here.

 

imSiriusXM Tips Off College Basketball Coverage with 74 Games on Opening Night, November 4.  SiriusXM will deliver college basketball fans an extensive schedule of live games throughout the 2023-24 college basketball season, starting with a slate of 74 women’s and men’s matchups to choose from when the season tips off this Monday (11/4).  The men’s schedule includes all 19 teams from the Associated Press Top 25 that are in action on Monday night, including the season’s first matchup of Top 25 ranked teams – #8 Baylor @ #6 Gonzaga (11:30 pm ET). The opening day schedule of women’s games on SiriusXM includes 12 teams from the Associated Press Top 25 and features a couple of Top 25 matchups – #20 Ole Miss @ #3 USC (noon ET) and #5 UCLA @ #17 Louisville (2:30 pm ET).  Throughout the season SiriusXM listeners will get access to dozens of game broadcasts each week involving teams from the SEC, Big Ten, Big 12, ACC, Pac-12, Big East and more.

 

NewsMaxNewsmax Launches in France on Molotov.  Newsmax TV, one of America’s most popular news channels, just launched on Molotov, one of France’s leading TV platforms, as U.S. voters go to the polls to pick their next president.  The Newsmax channel went live on Molotov’s platform on October 24, 2024, expanding its global footprint with 19 million Molotov users in France and French-speaking territories.  Molotov is one of France’s main TV services offering streaming television to internet users across the nation and its territories. Molotov subscribers can tune to Newsmax via the platform’s free tier.

 

Industry News

Top News/Talk Media Stories this Past Week (10/28-11/1)

It was a power-packed stretch (10/28-11/1) as Election Day rapidly approached less than a week away. The presidential race highlighted by continuing talk about the MSG MAGA event and “garbage” talk emanating from both sides consumed the airwaves and talk media programs on all platforms.  Hot topics included: migrant-border issues; the economy-inflation-tariffs-housing; abortion-healthcare-climate change- race relations; Middle East and Central Europe war-violence; Elon Musk activities- big tech-media corruption-bias; crime-guns; Halloween; and the World Series. To see the complete chart of the most talked about stories and people, please click here.