TALKERS Legal Series on Fair Use (Part 5): The Balance Between “Exposure” and “Value” in Copyright Law
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
This fifth installment in our ongoing series on fair use focuses on the evolving balance between “exposure” and “value” in copyright law. In today’s online landscape, where content can go viral in minutes, understanding how fair use interacts with both the exposure and potential value of a work is essential. Historically, copyright law was primarily concerned with direct economic loss to the creator. However, the digital age has complicated this assessment, as courts now weigh both actual and speculative impacts on value within the marketplace. In era of the “clip jockey,” an understanding of this process by content creators is important for maximizing productivity while protecting against legal liability
Traditionally, content creators have given limited, controlled access to their work to build exposure without sacrificing value. This is why book publishers release short excerpts and make authors available for interviews, and record companies still promote their catalogs to radio (to a shrinking degree). Samples pique interest – driving consumers to buy the full product.
Yet, the digital era’s ease of sharing means content can quickly reach unintended audiences, raising questions about whether free exposure undercuts a work’s market value or creates new opportunities. This “exposure versus value” debate is central to fair use assessments. Courts now analyze whether a use is likely to draw attention to the original work or harm its value by becoming a substitute. Cases involving free or widely available online content are particularly complex, as exposure can either build market value through increased interest or diminish it if users no longer seek out paid access.
For media creators, especially those sharing content across radio and like digital platforms, there’s an ongoing balance between gaining exposure and preserving market value. Often, sharing content for free – such as clips, audio actualities, or visual teasers – can build audience interest, potentially attracting new listeners and expanding reach. This can increase demand for exclusive offerings, like live events, syndication rights, or special behind-the-scenes content, creating revenue streams beyond the initial broadcast.
However, this approach comes with risks. Freely available content can be reshared or downloaded repeatedly, sometimes reducing the perceived value of premium or exclusive offerings. For example, if listeners can consistently access full episodes or exclusive interviews online for free, the incentive to subscribe or tune in live may decrease. Additionally, as media content circulates online, its use in commercial contexts or by other broadcasters could directly impact revenue opportunities.
Media creators must therefore be strategic: offering just enough free content to attract new audiences without saturating the market to a point where exclusive content loses its value. Key strategies include:
• Selective Sharing: Releasing short clips or highlights rather than full episodes, encourages audiences to seek out complete content through official channels. The motion picture trailer is time-honored example of this process.
• Staggered Availability: Providing exclusive or early access to high-value content, like interviews or commentary, can drive subscription or advertising revenue before wider release.
• Distinctive Content: Offering unique, subscriber-only features or live commentary that listeners can’t find elsewhere maintains exclusivity and market value.
By thoughtfully balancing exposure and value, media creators can leverage free content as a tool for growth while preserving avenues for future revenue and avoiding lawsuits.
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
At the Monday morning (10/28) TALKERS editorial meeting, Harrison said, “The hoopla over this podcast appearance and its enormous profile within election news coverage clearly indicates we have arrived at a point where the terms ‘mainstream,’ ‘legacy,’ ‘alternative,’ ‘grassroots,’ and the like have to be reevaluated in conveying impact and importance – both individually, and certainly collectively – in the marketplace of ideas and the industries that serve it.” Harrison added, “This is especially true of Rogan’s individual impact as indicated by 1) the deference he was paid by a former president and major party candidate in showing up three-hours late for a live rally attended by thousands in which he actually implied that this podcast interview was a priority and more important to ‘winning’ than arriving on time for the event; 2) the tsunami of news coverage this podcast generated; 3) the passive aggressive irreverence granted a somewhat oblivious Trump by Rogan both during and following the interview; and 4) the sheer enormity of Rogan’s raw numbers on Spotify and YouTube, unfettered by FCC regulation.”
“When iHeartMedia New York partnered with the New York Road Runners (NYRR) to produce this inaugural radio broadcast of the marathon, it was a no-brainer to put Len at the helm of the broadcast,” said Tom Cuddy, program director for 710 WOR. “His association with New York sports, during his more than 50-year television career, and his ‘second life’ as co-host of the WOR morning show since 2015, ensure that Len will make this a can’t-miss broadcast.” “I’m honored to be hosting WOR’s maiden voyage with the TCS New York City Marathon,” said Berman. “I’ve hosted TV coverage of the event many times and it’s consistently one of the best days of the year in the city. We look forward to conveying that same message to our listeners.”
“I have been blessed to call WGN Radio home for the past three decades,” Manfredini tells TALKERS. “But in the end, it’s all about our listeners. I’m excited to continue to help them better understand how their homes work, show them they can have fun, and, of course, remind them to never hold a nail for someone else.” The Chicagoland native will be celebrating his 30th anniversary on WGN Radio in 2025. Mr. Manfredini first appeared on the station as a guest on the Bob Collins Show in 1995 following a letter writing campaign to pitch a call-in home improvement show on WGN.
“We are delighted that Lou will be with us for his 30th year and beyond,” said WGN Radio VP/GM Mary Sandberg Boyle. “In the nearly 30 years since first appearing on WGN Radio, Lou’s presence across the media world has evolved considerably. Yet, what truly sets him apart is his natural gift of connecting to and interacting with our listeners in the special way that only radio does. Making those listener ‘connections’ has historically been – and will continue to be – the very fabric of WGN 720.” Manfredini can also be heard on weekday segments with John Williams (Mondays), Lisa Dent (Thursdays) and Bob Sirott (Fridays). 
It will be carried by LibertyNewsRadio.com or video stream at TheBigMigShow on Rumble. For additional information or press inquiries, please contact Sam Bushman at 801-756-9133 or LibertyRoundTable@gmail.com.
One day last winter, Alison Stewart, the host of “All of It” on public station WNYC, New York was alarmed to find herself speaking gibberish. 
Music Group Gunhill Road Putting Final Touches on Talk Radio Anthem. Gunhill Road, the perennial pop music ensemble that has attracted hundreds of thousands of worldwide followers with its growing repertoire of issue-oriented songs and music videos, is currently in post-production with an anthem celebrating talk radio. Titled “Don’t Stop Talkin’” – the song is an uplifting and infectiously catchy tune about the vital role talk radio plays in serving the cause of American freedom of speech. With lines that include “As long as you’ve got a voice, don’t ever stop!” and “As long as you’ve got the truth, don’t ever stop!” the original composition co-written by band members Steve Goldrich, Paul Reisch, Brian Koonin, and Michael Harrison encourages talk radio practitioners to keep up the good work and great service they provide the nation.TALKERS Heavy Hundred syndicated host Dr. Daliah Wachs pictured above bopping to the music in a scene from the forthcoming video “Don’t Stop Talkin'” by Gunhill Road.
This is an exceptional opportunity for an experienced professional to drive success in the country’s number one media market. The ideal candidate will have a deep understanding of the NYC media landscape and strong market relationships to drive business growth. Apply online at 
Longtime CFO Marie Tedesco will retire from Beasley after 33 years of what sources describe as “dedicated service to the company.” Before joining Beasley, Burrows Coleman served as Global Head of Strategic Corporate and Commercial Finance at Wayfair, where she led a global team of 50 across Financial Planning & Analysis, Commercial Finance, Capital Markets, Corporate Development, and Global Tax functions. Burrows Coleman’s career also includes leadership positions at WindSail Capital Group and Wind Point Partners, both private equity firms, as well as GE Capital, where she managed equity and debt investments across various industries. She began her career as an investment banker in the Communications & Media group at Lehman Brothers. “We are absolutely thrilled to welcome Lauren into the Beasley family,” said Caroline Beasley, CEO of Beasley Broadcast Group, Inc. “Her extensive and diverse experience, combined with her leadership skills, are exactly what we need to drive the company forward as we evolve into the future.” Burrows Coleman holds an MBA from Harvard Business School and an A.B. cum laude from Dartmouth College. Commenting on Marie Tedesco’s retirement, Beasley said, “Marie has been an integral part of our success, and her contributions have shaped the organization into what it is today,” adding, “It has been a privilege to work alongside her, and we are deeply grateful for her unwavering commitment, hard work, and leadership. We will greatly miss Marie’s wisdom and guidance, and we wish her nothing but the very best!”
iHM Portand Adds Sean Highkin as Trail Blazers Correspondent on WPOJ-AM. iHeartMedia Portland’s Rip City Radio 620, “Your Home of the Portland Trail Blazers,” announced today (10/24) that acclaimed sports journalist Sean Highkin will join the station as the Portland Trail Blazers correspondent, effective immediately. He will provide comprehensive coverage of the games, practices, press conferences and everything revolving around the Portland Trail Blazers on their flagship station. Highkin brings over a decade of experience covering the NBA, including seven years dedicated to the Portland Trail Blazers. As a trusted voice in basketball, his experience includes contributing to national outlets such as Bleacher Report, USA Today, The Athletic and NBC Sports. In 2023, Highkin was named Oregon Sportswriter of the Year by the National Sports Media Association. “Sean’s knowledge, expertise and impressive track record will elevate and take our Trail Blazers coverage to the next level,” said Marshal Burgess, metro president of iHeartMedia Portland. “His insightful analysis and in-depth reporting have made him a respected voice in the sports journalism community, and we are thrilled to have him join the iHeartRadio Portland team.”
New York Festivals 2025 Radio Awards Announces Distinguished Grand Jury. The New York Festivals® Radio Awards has announced its 2025 Grand Jury. The 2025 Radio Awards Grand Jury features over 100 global leaders from the radio industry across six continents. This distinguished panel comprises world-class content creators, industry visionaries, and iconic voices. Recruited from renowned companies, these directors, producers, journalists, writers, and sound artists are celebrated for their innovation and engaging storytelling. “The robust world of audio storytelling today is fully represented in the 2025 edition of the Grand Jury,” said Rose Anderson, EVP/executive director, New York Festivals Radio Awards. “From audiobooks to podcasts, from investigative journalism to live events, and from mystery to social justice, this year’s jury members volunteer their time and lend their expertise.” The New York Festivals Radio Awards provides a platform to celebrate creative storytellers from around the world. For 67 years, NYF has recognized both innovation and exceptional quality in broadcast audio content across all genres and platforms since 1957. Since 2023, The National Press Club, has partnered with New York Festivals to honor the highest scoring news program across the Coverage Of Breaking News Story, Coverage Of Ongoing News Story, Nonfiction Series, Investigative Journalism Podcast, and News Podcast categories. The winner will be announced during the 2025 Storytellers Gala in April. NYF’s Radio Awards receives entries from radio stations, networks, and independent producers from over 30 countries around the globe. The mission of the competition is to honor the achievements of the men and women who make up the global audio storytelling community. To see complete list of Grand Jurors click here 
more recognition as a (legacy) medium that’s constantly innovating and evolving to enhance the consumer experience and the advertiser opportunity. At the heart of Audio lives great storytelling. From the beginning of humankind to today’s best advertising, storytelling is the single most effective tool for sharing information and knowledge – all while entertaining, educating and yes, selling. Storytelling is a constant, but the way stories are told is shifting, driven by new technologies and approaches that allow brands to create more emotional connection, deliver more personalized experiences and scale their campaigns for maximum impact. And no medium is better equipped to do this than audio.” 
this year’s Benztown 50 is the presentation of the voiceover industry’s highest honor, the Chris Corley Lifetime Achievement Award, to Ann DeWig. Benztown president Dave “Chachi” Denes says, “We are thrilled to recognize the top 50 VO artists in the U.S. and Canada for 2024, along with the peer-voted ‘Best of Format’ honorees and the great Ann DeWig, recipient of the Chris Corley Lifetime Achievement Award. These individuals represent the pinnacle of audio branding and are synonymous with many major brands in our industry. Fifteen years ago, when we began working with VO talent, I never imagined we would collaborate with the best in North America. I am incredibly grateful for their support; without it, Benztown would not be where it is today. As we celebrate these honorees, we also honor all world-class VO talent and the emerging voices that shape the future of the industry.” 
Old Friends and Colleagues Gather for CRN International Reunion. Some 50 long-ago colleagues gathered at a warm weekend reunion at a cozy restaurant in the Nutmeg State for what, in the 1970s, began as “Connecticut Radio Network.” It evolved into CRN International, a major advertising promotion agency, which ceased operations a decade ago. CRN SkiWatch reports aired across the USA, customized for each affiliate, and based on conditions reported by CRN’s army of spotters. Pictured above (l-r): consultant Holland Cooke; CRN International founder Barry Berman; and WABC, New York news personality, Joe Connolly. (NOTE: CRN International is not to be confused with long-active CRN Digital Talk Radio.)
AdLarge Adds Innovative “CIRCLE THIS” Podcast to Client Stable. AdLarge, a pioneering podcast advertising agency, has announces the addition of “CIRCLE THIS with Andrea ‘Dre’ Bendewald” to the 
If a shark doesn’t swim, it dies. Radio is just fine, thank you, but it’s not swimming. Water, check. Tank, check, Sharks, check. Swimming to the next meal, nope. For the past 10 years at least, the radio show in every city is stuck in place and that sound in the distance that wakes you up at night is a death rattle.
The research notes millennials (ages 27-42) are the most concerned at 83%. The survey finds people are feeling the effects of the higher costs of goods and services, and they remain concerned about inflation. In addition, 37% said their finances are in worse shape than four years ago. Thirty-four percent said their finances are about the same, while only 29% said they’re better off than they were four years ago. The research indicates more than half (52%) of Americans believe the U.S. presidency has a major impact on their personal finances. “We encourage every American to go out and vote,” said Dave Ramsey, personal finance expert and host of “The Ramsey Show.” “But remember, what goes on in your house is a whole lot more important than who’s in the White House. The research shows that less than half of Americans believe a written household budget is the way to win with money. That has to change, or nothing will.”
The hallmark awards ceremony, presented by CalViva Health in the New Exhibit Hall of the Fresno Convention & Entertainment Center. The awards paid tribute to 10 Central Valley women who have excelled professionally, served as role models, and given back to their communities, as well as one business honored for its support of women and women’s issues. Patty Hixson’s successful radio career spans 32 years serving the Central Valley. An active leader in the community, she has been a member of the Fig Garden Rotary Club for 30 years, serving as president in 2018, and was a longtime member of the California State University-Fresno’s Bulldog Foundation. Hixson also served on the Board of Directors of the Greater Fresno Area Chamber of Commerce. Patty Hixson said: “I’m honored and humbled to be recognized among this astute group of leaders. Giving back to the community is a central part of my DNA, and I thank the Marjaree Mason Center for this award and for its important efforts supporting all women in our community.”
The agreement extension will feature Jeff Lewis expanding his popular show, “Jeff Lewis Live” to two hours a day giving listeners more of Jeff Lewis promoted as “just the way you want him…live and uncensored.” Lewis tells TALKERS, “SiriusXM has given me the freedom to build a show that is unfiltered, unapologetic, and morally corrupt. I’m grateful for the opportunity to grow my show and my cult…I mean, listeners.” The show will now air Monday through Fridays from 12:00 noon – 2:00 pm ET on SiriusXM’s