When Borrowed Becomes Stolen: The Fair Use Line for Talk Hosts and Podcasters
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Legal Group, Senior Partner
Goodphone Communications, Executive Producer
Jimmy Kimmel’s first monologue back after the recent suspension had the audience laughing and gasping, and, in the hands of countless radio hosts and podcasters, replaying. Within hours, clips of his bit weren’t just being shared online. They were being chopped up, (re)framed, and (re)analyzed as if they were original show content. For listeners, that remix feels fresh. For lawyers, it is a fair use minefield.
Playing the Clip, Owning the Take
Audiences increasingly expect their favorite talkers to “play the clip,” whether it is from Kimmel, Stephen Colbert, Sid Rosenberg, or Charlamagne tha God on The Breakfast Club (a show that seems to go viral every other week), and then add their own color commentary, the kind of play-by-play that makes it feel like the home team is calling the action. That format works. It gives context, tone, and a sense of immediacy that no transcript can match. Done right, it is what transforms a broadcast from just a recap into a fulfilling cultural conversation.
But with every replay comes a risk. Fair use does not mean free use. Courts weigh factors like how much of the original work you used, whether your purpose was transformative, and whether your use cuts into the market value of the original. Playing a short excerpt of Kimmel’s joke before riffing on it? Likely fair. Running half the monologue and treating it as your A-block? That edges into trouble, both legally and from a programming perspective. Why would anyone want to hear your take if your “take” is mostly replaying someone else? That is not adding to the common zeitgeist; it is just echoing it.
The Podcaster and Broadcaster Dilemma
Radio hosts have long leaned on “newsworthiness” as a shield. Podcasters often assume the same rules apply. But here is the distinction: news clips and comedy bits are not treated equally in court. A station rebroadcasting a press conference is serving public information. A podcast re-airing Kimmel is competing directly with Kimmel’s own clips on YouTube. One informs, the other risks replacing.
And while linking to ABC or YouTube is a courtesy, just as crediting them in the video itself might be, it does not replace the traffic (and ad dollars) Kimmel’s team expects. The law does not guarantee creators compensation for commentary, but judges do consider market harm. If your listeners stop watching the original because your show already gave them the “best parts,” you have tilted the scale against yourself. John Oliver is often credited (though no one seems able to find the clip): “People are always going to say stupid things, and you’re always going to be able to make jokes about that, but it should be the last thing you add in, because it is the easiest thing.”
Whether he actually said it or not almost proves the point. Recycling someone else’s words without context is the laziest move in the book. And if you cannot find the source? That is about as meta as fair use gets.
The Takeaway
Here is the smart play: use less and say more. A 20-second clip followed by two minutes of commentary is transformative. A five-minute clip with a shrug and a chuckle is not. Audiences do not tune in to hear Kimmel again. They tune in to hear what you think about Kimmel. The moment you let someone else’s content carry your show, you lose both legal ground and creative authority.
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@HarrisonLegalGroup.com or read more at TALKERS.com.
for the Amplified Voices Podcast Network and Amplified Voices TV. American Urban Radio Networks CEO Chesley Maddox-Dorsey says, “This launch represents a powerful evolution in our mission to serve Black audiences. By creating two distinct digital destinations under AmplifiedVoices.com — AVTV and AV Podcasts — we are sharpening our focus to better meet the needs of our listeners, viewers and content partners.” Content will include “On the Record” with AURN News correspondent Ebony McMorris, “Café Mocha Radio,” and “reACT with Rev. Al.”
Joyce Wirthlin says, “We are excited and fortunate to welcome Rick back to iHeart to lead programming for our cluster. His proven leadership, creativity and track record of building winning stations will be invaluable for our listeners and partners in Salt Lake City.” Vaughn comments, “This is an incredible opportunity to help shape the future of iHeart Salt Lake City. iHeartMedia is committed to excellence, innovation and growth, and I’m excited to return to the iHeart family to collaborate with such a talented team, create compelling content, engage listeners across every platform, and deliver outstanding results for our advertising partners.”
Markets broadcast operations. Salem CEO David Santrella says, “Linnae is a proven builder of teams and revenue streams. For nearly three decades she has delivered results across every part of Salem’s business, and she has the rare ability to connect vision with execution. As we move into a ‘One World’ selling environment, Linnae is exactly the leader we need to unlock new opportunities across all of our platforms and deepen our service to advertisers. Her leadership will be central to accelerating Salem’s growth.” Also, Jamie Cohen is promoted to chief digital officer, a newly created role designed to unify and oversee all digital operations across Salem Media. Cohen was most recently SVP of broadcast digital. Santrella says, “Jamie has been one of the key architects of Salem’s digital transformation. In just seven years, he took a $6 million business and scaled it to over $40 million—proof of both his vision and his execution. This new role gives him the mandate to break down silos and unify all of Salem’s digital assets under one strategy. With Jamie at the helm, Salem is positioned not just to compete in the digital marketplace, but to lead as a fully integrated media company.”
several capacities over the past 20 years but was most recently with crosstown sports talker WIP-FM co-hosting with Ike Reese. Beasley Media Group Philadelphia Paul Blake says, “Jon Marks is a proven leader and a trusted voice in Philadelphia sports. His credibility, passion, and connection with our audience will be instrumental in driving The Fanatic’s continued growth and success in the market.” Marks comments, “I’m beyond excited for this opportunity. Philadelphia is the best sports city in the country, and the fans here are as passionate as they come. To be able to talk sports with them every day in this new time slot is an honor, and I can’t wait to bring that same energy and passion to middays on The Fanatic.”
Patriot.TV. Root says, “What an honor to join Patriot TV and their millions of conservative viewers. My weekend powerhouse TV show, ‘America’s Top Ten Countdown,’ reaches millions on Real America’s Voice TV. Now my daily video podcast WAR Zone will be on multiple dynamic platforms from Patriot TV, to serving as the official podcast of ‘The Gateway Pundit,’ reaching their 2.5 million unique daily readers, as well as livestreamed on X, Gettr, and TruthSocial. The left has tried everything to stop me, ban me, censor me, harass me, yet the popularity and reach of my shows just keeps exploding. That’s called WINNING!”
“The 
host on WGBB-AM, Freeport, New York (Long Island) for more than 35 years. She appeared on major television programs including, “The Oprah Winfrey Show” and “Good Morning America.” She also served as a columnist for Lifetime Television since. Keller’s long-running radio program with international reach established her as an enduring voice in the metaphysical and self-help space.
KTSA. Morgan will take over for Lance Hawkins, who is retiring. Additionally, integrated sales and sports programming manager Dax Davis will rise to director of sales. Connoisseur Media CEO Jeff Warshaw says, “This is a big moment for our San Antonio team. That market is a vital part of our company, and Morgan and Dax have earned these roles through their hard work and passion for the business. We’re excited to see them lead the next chapter.” Harrison comments, “I am incredibly honored and humbled to step into the role of market manager.
recently and brings nearly 25 years of experience into the market including recent operations and programming gigs in the Milwaukee and Rockford markets. Mays will oversee seven music brands as well as talk outlets WJOL-AM, Joliet; WKRS, Kenosha, Wisconsin and sports talk WLIP. Mays says, “It’s so exciting to be joining Connoisseur Chicagoland right now and getting to work with such a talented, passionate team that I’ve followed and admired for many years.”
Have you noticed a profile pattern for the mass shooters and political assassins? 20-30 years old. Living at home or close.
launch of Freedom Journeys, a new multimedia storytelling initiative celebrating pivotal figures in Philadelphia’s past and present. Freedom Journeys, created in partnership with Renee Chenault Fattah and Love Now Media, will highlight 250 iconic Black Philadelphians — living and deceased — whose lives and work have helped shape the city. WURD president and CEO Sara M. Lomax says, “Founder’s Day will be a wonderful evening in a beautiful setting — where we will celebrate my father’s life and legacy, have great food, amazing live music and soul-filling affirmations of our culture. But we also aren’t going to shy away from what’s happening in this country. WURD has never done that, and this year’s Freedom Journeys is both celebration and resistance.”
the popularity of mobile devices for audio listening is the most dominant in urban communities. Within that audience segment, 40% of time is spent listening to audio on a mobile device, vs. 28% of time spent listening on an AM/FM radio receiver. The mobile device also holds a strong lead in suburban communities, with 36% of time spent listening on that device compared to 30% of time on a radio receiver. However, the radio receiver is strongest in rural communities where it matches the listening time of the mobile device, each receiving 34%.
Yorker Radio Hour,” and “Terrestrials,” as well as “Freakonomics Radio,” “Science Friday” and “Today, Explained,” which NYPR distributes – available to at-risk public radio stations at no cost. This initiative comes as the CPB prepares to wind down at the end of September, following a $9.4 billion rescission package Congress approved in July, putting the future of more than 1,500 public radio and television stations nationwide in jeopardy. NYPR says, “This initiative will allow stations to redirect funds they would typically use to license our programs toward sustaining their vital local operations and reporting.”
Ilitch’s program focuses on conversations with guests who exemplify her values of overcoming adversity, staying positive, and giving back. The show will air monthly on WJR on Saturday at 5:00 pm. Ilitch says, “I’m thrilled about the partnership with WJR and Cumulus to bring the positive message of ‘The Denise Ilitch Show’ to a wider audience. All of us agree that the stories we explore on this show have the potential to inspire leadership in big and small ways, locally and nationally.” Ilitch is president of Ilitch Enterprises and is currently serving on the Board of Regents of the University of Michigan. Her father’s company launched the Little Caesar’s Pizza corporation.
Hubbard Radio’s all-news WTOP-FM, Washington is looking for a new morning drive news anchor after Michelle Basch informed the company she will leave her position at the end of the year to relocate out of DC. WTOP director of news and programming Julia Ziegler wrote in a memo to the stations staff, “Anyone who knows Michelle Basch, knows how much she and her husband Mike adore their cabin in Pennsylvania. Michelle and Mike have decided to move there full-time in the Spring, which means Michelle will be leaving WTOP after nearly two decades. The good news? Michelle will continue to anchor AM Drive through the end of the year. She will then do some reporting for us until she and Mike are fully moved to PA. Michelle’s passion for news, commitment to excellence and drive to ‘first get it right, then get it first’ will be greatly missed in this newsroom.” 
influencers while enhancing Audacy’s cross-platform marketing capabilities.” Audacy says MOGL’s AI-powered matching system allows brands to quickly connect with athletes whose profiles align with campaign goals. Audacy chief revenue officer Bob Philips says, “Sports is where Audacy wins and sports media is evolving beyond traditional boundaries. This partnership with MOGL is a testament to our commitment to innovation, providing a powerful content-driven approach that benefits athletes, schools, and our advertising partners. Together, we’ll empower our clients to deliver authentic, high-impact campaigns that resonate with today’s fans and drive measurable brand outcomes.”
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