Fair Use or Foul Play? Lessons from “Equals Three”
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
In 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 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
Offering LLC and says the deadline to apply for shares in the pre-public offering private placement is Friday (1/31). Newsmax says that its private placement investments are near the $185 million mark. Newsmax has made information about the offering available via its NewsmaxInvest.com site. The offering is available to accredited investors with an annual income of $200,000 or a $1 million-plus net worth.
Spadea – morning drive host at WKXW-FM, Trenton “New Jersey 101.5” – and his employer Townsquare Media created an illegal “shadow campaign.” The complaint says Townsquare used radio, social media and public events to promote Spadea’s campaign thereby providing him with “hundreds of thousands of dollars” worth of advertising. Ciattarelli is asking the Commission to deny Spadea’s campaign access to matching public funds and to fine Townsquare for the campaign violations. Spadea’s campaign says the complaint is baseless and that it has complied with election law throughout his campaign. 
African Americans across U.S. history and society. Red Apple Audio Networks air personalities Dominic Carter and James Golden, a.k.a Bo Snerdley anchor the stories about notable black figures from activists and civil rights pioneers to entertainers, politicians, scientists, and athletes who broke through racial barriers including: Harriet Tubman, Sojourner Truth, Martin Luther King Jr,Malcom X, Rosa Parks, Louis Armstrong, Sidney Portier, Muddy Waters, Thurgood Marshall, Jackie Robinson,Kobe Bryant, Clifton Wharton, and more. The RAAN Black History Month Vignettes are available to radio stations for download upon request by contacting the network 
managed Cumulus’ Shreveport and Bossier City, Louisiana stations. Welling takes over for the retiring Chris Monk. Cumulus president of operations Bob Walker says, “We are thankful to Chris for the strong foundation he has built for our clusters in Flint and Saginaw and wish him all the best in his retirement. As we look to the future, we are excited to welcome Cody back to Cumulus to take our powerful brands to the next level. Cody is a passionate broadcaster who is dedicated to helping local businesses connect with our audiences and fully leverage the opportunities our traditional and digital assets provide.”
platforms that emphasize conversation and create a sense of connection. To win with this community who wields $2 trillion in buying power, brands must prioritize engagement strategies that center diverse Black experiences and cultural nuances.” The study notes that social media apps have become a haven for Black consumers – Black adults overall spend more time scrolling than their peers. Black millennials (between 18 and 34-years-old) spend the most time on social media among all adults by almost an hour per week. Black adults also have high engagement with radio and podcasts. Radio averages the same as TV in weekly reach with Black adults – each medium reaches 27 million Black adults on average. 
show tonight (1/29) at 9:00 pm ET. The interview was recorded at the Eisenhower Executive Office Building and FNC says it “will cover the first 100 days of the Trump-Vance administration and other news of the day.”
1,250 startups at the Doha Exhibition and Convention Centre from February 23 – 26. Sessions at the event will feature iHeartMedia Digital Audio Group CEO Conal Byrne, as well as iHeartPodcasts talent including Malcolm Gladwell, Jay Shetty, David Eagleman, and Jonathan Strickland. Additionally, as part of the partnership, Web Summit Qatar will introduce the iHeart Podcast Creator Studio, featuring an on-site iHeartPodcasts Recording Studio and attendee lounge for live show taping on the showroom floor.
Audacy. Before he was chairman, Carr had argued that the FCC should not allow a “Soros shortcut” but must follow FCC procedure. In June of last year Carr said the FCC had never previously used the “Soros-shortcut” procedure to approve licenses to a firm with significant foreign ownership. But Audacy argued in its opposition to the Petition to Deny (filed last summer) that there is nothing unique about this request, saying that the FCC “granting a limited waiver deferring its foreign ownership review to facilitate a licensee’s prompt emergence from bankruptcy is consistent with the Communications Act.” Audacy added that the notion that the limited waiver is new “completely ignores longstanding precedent establishing the Commission-approved special warrant process used in a number of prior transactions to allow licensees to emerge from bankruptcy promptly, while affording the Commission sufficient opportunity to review foreign ownership issues post-emergence.”
from 27% in 2021; 2) the top podcast genres of 2024 were News (25% of downloads), True Crime (19%), and Comedy (13%). Of True Crime podcast listeners, 67% were female, of Comedy podcast listeners, 61% were male, and of News podcast listeners, 56% were male; 3) NPR News Now (NPR) remained the top podcast in 2024; and 4) “Bongino Report Early Edition with Evita” had the #1 debut in 2024. Triton SVP measurement products & strategy Daryl Battaglia says, “2024 marked another year of remarkable growth for the podcast industry, with listenership broadening across demographics and becoming more mainstream than ever. As new audiences dive into podcasts and spend more time listening, fueling deeper engagement, genres like True Crime, Kids & Family, and History drive the highest back catalog consumption, creating untapped opportunities for programmatic advertising. At Triton Digital, we remain dedicated to providing deep insights into listener behavior and platform preferences as this dynamic medium continues to evolve.” 
Whitepaper: The Extraordinary Cost of Dull,” the analysis notes that 1) Neutrality, the absence of emotion, is the most common reaction to ads; 2) Business-to-business ads are even duller with greater neutral “feeling nothing” responses; and 3) 
international nonprofit relief organization Foor for the Poor’s podcast, “Beyond the Plate.” Gallagher is feted for the philanthropic spirit and the millions of dollars raised by him and his listeners – inspired by his late wife, Denise. Salem Radio Network VP/news & talk programming Tom Tradup states, “In addition to being one of America’s best talk show hosts, Mike Gallagher is literally second to none in tapping the generosity of his nationwide audience in fighting hunger and malnutrition by generating donations to nonprofits like Food for the Poor.” 
which is 19.6% of adults planning a new vehicle purchase. Among heavy radio listeners (those that listen more than 3 hours a day), that number jumps to 30%. That’s 53% stronger than the general market.” Forester says that podcasts are also a good genre for auto advertising. He says, “The multi-media analysis by The Media Audit revealed podcasts captured the interest of 30.1% of adults 18+ planning to buy a new vehicle in the next 12 months… 53% higher than the general market. Audio streaming does well at 22.7%… 16% higher than the general market” Forester concludes, “Automotive advertisers have a tremendous opportunity to leverage radio’s ability to connect with ready-to-buy consumers. Our data shows that radio not only drives awareness but also inspires action, making it an essential part of any automotive advertising strategy.”
advertising and marketing solutions to their expansive customer base, which importantly exists in markets that do not compete with ours. Our expertise is coaching and training high-performing broadcast sales teams to leverage our proprietary programmatic advertising platform and data-driven insights to deliver exceptional results for their clients. By sharing our proven strategies and dynamic approach, we look forward to helping Steel City strengthen their digital capabilities, driving growth and measurable success for their clients.” Steel City Media vice president Michael Frischling comments, “We are excited to partner with Townsquare Ignite in both of our markets. Townsquare has the best digital solutions in the radio industry and a proven track record of delivering great results to clients.”
election for the seat held by Republican Joe Borelli who is leaving his post to work as a lobbyist. Borelli would have to leave the Council at the end of this term in December due to term limits. Morano tells the Post he’s running because “he’s watched too many friends and family members leave the Big Apple over ‘woke policies’ driving up crime and costs and owes it to his three-year-old son Carmine to ‘fight.’” Morano could remain with WABC hosting his syndicated show while running but the show would have to be blacked out in the New York market because of campaign regulations. 
decided they didn’t want to call it quits and began formulating a plan to take their talents to the digital realm. According to a report in the Des Moines Register, they are launching the streaming program “The Rush” today (1/27). The 6:00 am to 8:00 am show streams live on YouTube, X/Twitter, Facebook and other social media platforms five days per week. The duo survived a round of layoffs in 2020 after their program was canceled but listener blowback caused management to bring them back. 
December 30 to January 19 and aims to leverage its on-air reach to help a local business brand, rebuild, or grow. Audacy Chicago VP of sports programming Mitch Rosen says, “This contest and promotion embodies everything ‘The Score’ truly stands for: live, local sports and, most importantly, the community. From the hundreds of entries we received, we know how important it is for the community to support local businesses. We’re excited to spotlight Heritage and share their story to help them grow and expand their business. Given the massive audience the game attracts on ‘The Score,’ our goal is to leverage every platform to maximize exposure for the restaurant.”
Don McLean recalls the newspaper headline on February 3, 1959: “Three Rock’n’roll Stars Killed in Plane Crash.” He says, “I cried,” telling AARP Magazine that, years later, “I had my tape machine on, and this song just came out of me: ‘A long, long time ago, I can still remember how that music used to make me smile…’”
Travis & Buck Sexton Podcast Network, distributed by iHeartPodcasts, and as the name implies will focus on the Trump administration. The focus of the new podcast will be on “the most important piece of news about President Donald Trump as covered on ‘The Clay Travis and Buck Sexton Show’” and the hosts will provide “comprehensive analysis and commentary, while breaking down the impact the news may have on Americans and their daily lives.” 
posted triple digit increases versus the inauguration of President Joe Biden in 2021 and grew in viewership versus 2017.” Specifically, coverage across FOX News Channel and FOX Business Network peaked at 12 million viewers and 2.6 million in A25-54 in the 12:00 noon ET hour. From 11:30 am to 1:00 pm ET, FNC’s Inauguration of Donald Trump, co-anchored by chief political anchor “Special Report” anchor Bret Baier and anchor and executive editor of “The Story” Martha MacCallum, garnered 11.4 million in viewers and 2.4 million in A25-54, outpacing broadcast networks ABC, NBC, CBS in viewers and all cable networks across the board.
Washington Commanders and the Philadelphia Eagles begins at 2:00 pm ET and features Ian Eagle handling play-by-play, Kurt Warner as color commentator and Ross Tucker as sideline reporter. Coverage of game two between the Buffalo Bills and Kansas City Chiefs begins at 6:30 pm ET with Kevin Harlan providing play-by-play, Devin McCourty as color analyst and Derek Rackley as sideline reporter. 
City. Cumulus Media chief content officer Brian Philips states, “Pete has risen to stardom quickly with his on-air performance and innovative program architecture in Kansas City. Pete is among our most dynamic leaders, in ANY format. It also matters that Pete is Bill Hess’ hand-chosen successor, as Bill returns to oversight of our news/talk flagship WMAL, in the nation’s capital. Bill has served with distinction in this corporate role, and Cumulus news/talk is positioned for continued success under Pete’s leadership.” Mundo comments. “I’m thrilled for the opportunity to join the content leadership team at Cumulus and am grateful for the confidence that the company has shown in me. Learning from Bill Hess in recent years has been a terrific way to make the transition seamless. The news/talk format is changing rapidly but remains dominant in the audio industry. The format has exceptional upside during this transitional political period, as people continue to seek news and information about their cities, states, and country. I am eager to work with my fellow news/talk programmers across the nation to make our brands stronger.”
acquisition of AMFM, took on an EVP role at Premiere Networks. He was the president of the fledgling liberal talk radio company Air America and joined Westwood One after Air America shut down in 2006. TALKERS publisher Michael Harrison states, “This is a devastating loss to the radio industry. I had the privilege of working with Gary all the way back to my music radio days when he was a young executive at the old MJI Broadcasting with major industry players like Julie Talbott and Josh Feigenbaum in the early days of our careers. He has subsequently worn a number of key management and entrepreneurial hats in the business – all reflecting his dedication to professionalism and quality. He was very well liked and respected by broadcasters on both sides of the Atlantic. He will be missed.” A service will be held on January 26, 2025 at Riverside Memorial Chapel at 180 West 76th Street, New York, NY 10023. In lieu of flowers, the family requests donations be made to the American Foundation for Suicide Prevention in Gary Krantz’s memory.
“love notes” via the Audacy app’s voicemail feature beginning next month. In March, KYW Newsradio will feature “60 Voices” from the Philadelphia area, with quotes from local community organizers, business leaders, celebrities and hometown heroes, sharing why they love living in the Delaware Valley. Audacy SVP and market manager David Yadgaroff says, “Local radio is vital more than ever, and it’s a privilege to work at a media outlet so connected to this region. For generations, Philadelphians have turned to KYW for everything from breaking traffic updates to complex international headlines. When I walked in the door as an account executive in 1992, I was so excited to work at KYW Newsradio. That sense of pride has only grown and intensified. I’m in awe of our team and their impact on the community, and we’re excited to dedicate this year to those who have devoted their lives to reporting the facts.”
pm to 1:00 am slot. Additionally, the company says the show adds 25 new affiliate stations, including WMAL-AM/FM, Washington; KSEV-AM, Houston; and KKAT-AM, Salt Lake City. Valdés comments, “Thank you, Jesus! I’m super excited to be on all of these new stations in great cities, and welcome all of our new listeners to join our live late-night national town hall conversation and encourage them to call in on Open Phone across America.”
management background and expertise complement the diverse strengths and wide-ranging capabilities of our existing board, and we are excited to leverage his vision and insights to drive growth and capitalize on new opportunities.” Galbraith is currently a managing member of Kindred Capital Advisors LLC, and is among the largest shareholders of Cumulus through his personal holdings and those held through Kindred.