The most discussed stories yesterday (2/3) on news/talk radio and related talk media according to TALKERS research:
1. Tariff War
2. Musk-DOGE Activities / USAID Disruption
3. Nomination Hearings / RFK, Jr
4. AA Crash / DEI Controversy
5. Grammys
Listeners to heritage news/talk outlet KSCO, Santa Cruz, CA were treated to an unexpected candid outburst of energetic verbiage this past weekend (2/1) during the long-running show, “The Saturday Special,” hosted by station owner/ host Michael “MZ” Zwerling. This installment of the weekly 10:00 am – 12:00 noon live,
local show was set to be a celebration of the station’s 34th anniversary – marking the day that Zwerling took ownership of the 10k flame thrower at 1080 AM and launched its news/talk format back on February 1, 1991. Zwerling was taking calls from listeners offering congratulations and sharing memories of the station over the years. One of KSCO’s regular callers, “Dave,” took a different course and went off on a political tirade that triggered an emotionally charged negative response from Zwerling resulting in one of the most dramatic live “meltdowns” captured on-air in recent memory. Zwerling’s co-host Amy Hoa had to calm Zwerling down telling him that his blood pressure was rising to a dangerous level. The listener, who was obviously a regular caller to the station was forever banned from appearing on the station again. Warning, the clip contains salty language that might be offensive to some. Listen to the exchange here.
Chattanooga talk radio host Brian Joyce exits Cumulus Media’s news/talk WGOW-FM, Chattanooga after
12 years with the station. A report in The Chattanoogan says that Joyce, who hosted the late morning “Brian Joyce Unfiltered” program, “parted ways” with the station last week. Joyce joined WGOW in 2012 and became part of the morning drive show in 2018, alongside Jim Reynolds and Kevin West. In 2023, Cumulus retooled the morning show bringing Jed Mescon aboard to co-host with Reynolds and Joyce moved to the late morning slot. Read the Chattanoogan story here.
The Wichita Eagle reports that the father-and-son duo of Bob and Jeff Lutz will wrap their daily sports talk show on Audacy’s KFH, Wichita after this Friday’s broadcast. Bob Lutz has been with the station for almost 24 years. His son Jeff joined him in December of 2015 when they debuted an afternoon drive show that aired
from 4:00 pm to 6:00 pm. In 2022, the Lutzes moved to the 2:00 pm to 4:00 pm slot to better accommodate their schedules. Bob Lutz is the founder and executive director of the League 42 baseball league that serves inner city and low-income youths, and Jeff Lutz is a full-time digital producer at KWCH-TV, Wichita. In late 2024, KFH notified the duo that it wanted to move the syndicated Jim Rome show into their time slot and move them to the 5:00 pm to 7:00 pm slot. The two tried to produce the show earlier in the day to air at 5:00 but Bob Lutz tells the Eagle that not speaking live with callers took the fun out of the show. Read the Wichita Eagle story here.
On Friday (1/31), Red Apple Media Group’s news/talk WABC, New York hosted its annual “Back The Blue” tribute to the New York Police Department. The day included two roundtable discussions on topics such as the challenges police face as they protect communities. Pictured above are (from l-r): 77WABC morning host Sid Rosenberg; former U.S. Congressman Peter King; Red Apple Media and 77WABC owner John Catsimatidis; Suffolk County Police Benevolent Association president Louis Civello; Suffolk Country Police Benevolent Association treasurer C.J. Hutter; and Suffolk County District Attorney Ray Tierney.
FOX News Channel chief political anchor Bret Baier will conduct a wide-ranging interview with President Donald Trump taped at Mar-a-Lago that will air during FOX TV’s Super Bowl LIX pregame show. The interview will air during the 3:00 pm hour. FOX says the interview will “focus on the changes the Trump administration has enacted since the Inauguration and the first 100 days of his presidency.” Additional portions of the interview will air on the Monday (2/10) edition of “Special Report with Bret Baier” on FNC.
Mentoring and Inspiring Women in Radio announces the MIW Erica Farber Mentorship in Management Class of 2025. The program selects four candidates from across the radio industry – spanning sales, marketing, programming, and digital – to participate in an exclusive mentorship opportunity designed to foster career growth and leadership development. This year’s mentees are (pictured above from l-r) : Alyssa Salisbury, digital solutions manager, Townsquare Media Group; Kim Stead, promotions director/on-air, NRG Media; Sheri Fermoyle, sales manager, Hubbard Radio; and Tiffany Cobb, director of sales, Hampton Roads Media Group. MIW mentoring committee chair Jenna Miller says, “The MIW Erica Farber Mentorship in Management program exemplifies our commitment to empowering women in radio broadcasting. Each of these talented mentees brings a unique perspective and passion to the industry, and I am thrilled to see how this program will support their growth and success.”
By Holland Cooke
Consultant
Stations offering – and known for – local news, weather, traffic, and other “survival information” will continue to earn a place in the audio jungle the dashboard has become. So, tell ‘em that you tell ‘em, how and when you are useful. Imaging is an owner’s manual for using the station.
One caution: Often I hear service promos that include example sound bites, short clips of a newscast or weather or traffic report, either lifted from actual airchecks or mock-ups. Be careful that what’s being described in promos (“BIG backup on I-95 South at…”) can’t be misconstrued as current information.
Holland Cooke (HollandCooke.com) is a consultant working the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke and connect on LinkedIn
The most discussed stories over the weekend on news/talk radio and related talk media according to TALKERS research:
1. Trump Slaps Tariffs on Mexico, Canada & China
2. Trump Firings
3. Elimination of DEI Initiatives
4. DOGE Gains Access to Treasury Payments System
5. DC Air Crash Investigation
The final opportunity to submit entries for the milestone 50th Gracie Awards is here. The Gracie Awards, presented by the AWM Foundation, recognize outstanding programming created by, for, and about women across all facets of media, news and entertainment. The Gracies recognize contributions from journalists, actors, hosts, producers, showrunners, writers, directors, and other roles that bring impactful stories to life. Each entry directly supports the AWM Foundation, with the Gracies serving as the largest fundraiser of the year. The final entry deadline: Thursday, February 6, (11:59pm ET). Submit entries at allwomeninmedia.org/gracies/call-for-entries. For five decades, the Gracie Awards have set the gold standard in honoring women’s contributions to media. Named after the legendary Gracie Allen, this prestigious award celebrates trailblazers who are shaping the future of media and amplifying women’s voices across all platforms. According to the organization’s stated mission: Now more than ever, celebrating women’s voices, leadership, and achievements in media is essential. If you have questions, please contact gracies@allwomeninmedia.org for assistance.
Bonneville Phoenix announced 1/30 that longtime employee Erin Maloney has been named program director at Arizona Sports 98.7 (KMVP-FM) and ESPN 620 (KTAR-AM). “From starting as an intern in 2012 and growing into leadership roles throughout her career, no one is more passionate about our sports brands than Erin,” said Bonneville Phoenix SVP/MM Ryan Hatch. “She is so well respected by everyone in the market, and we are very excited for her to take this next step.” “I’m truly honored to step into the role of program director of Arizona Sports,” said Maloney.
“Working alongside the best in the business is not just a privilege, it’s a dream come true. I look forward to leading an exceptional team of talented individuals who consistently set the standard for excellence in the industry and taking Arizona Sports to new heights.” Maloney most recently served as APD and will replace programming veteran Brian Long who recently returned to Southern California to be with his family and program iHeart’s KFI AM 640, as well as KLAC-AM and KEIB-AM. Arizona Sports is the flagship station for the Arizona Cardinals, Phoenix Suns, Arizona Diamondbacks and Arizona State University football and basketball.
SmileyAudioMedia, Inc. announced today (1/31) that its flagship Los Angeles-based radio station, KBLA Talk 1580, will launch year two of its Climate Justice work. This $2 million, 12-month campaign will link and combat the relationship between climate change and poor health outcomes for African Americans, other people of color, and the poor. The campaign was recently named a national semifinalist for the American Climate Leadership Awards 2025 by ecoAmerica. Climate inequities have taken a toll with multiple health triggers in the Black community, such as extreme heat and poor air quality, made worse by the recent wildfires.
Building on the success of last year’s campaign, KBLA will tailor brand-specific health messaging to the Black community, use strategic alliances to create a healthful behavior pipeline, create culturally and socially sensitive health education opportunities, and enhance knowledge and awareness among Black community stakeholders.
The initiative plans a robust schedule of climate/Black health-themed broadcasts and special programming during the next 12 months, free community events each quarter, a one-of-a-kind Black health online portal, two town halls broadcast nationally from Los Angeles, and a savvy social media and marketing campaign. Last year, KBLA Talk 1580 hosted a national conversation live on C-SPAN. It will do so again this year with the theme, “Narrowing the Gap: Addressing Health Disparities Among African Americans.” KBLA is being joined in this effort by an array of public and private partners.
“The harsher impacts of climate change weigh heavily on communities of color, as we can see with the impact of the wildfires on historic Black communities like Altadena where lives were lost, property was destroyed, and these toxic air pollutants are likely to cause even greater harm in the months and years to come,” stated Tavis Smiley, KBLA’s chief visionary officer, host of the nationally syndicated “Tavis Smiley Show,” and 2023 recipient of the coveted “Freedom of Speech” Award from TALKERS. “There is real concern that these wildfires may leave even more inequity in their wake.”
As a Black-owned and operated major media company focused on these underserved communities, and as the most ‘trusted, credible and reliable’ media source in Southern California for African Americans and beyond, we are committed to doing more than talk in these troubled times,” added Smiley. “KBLA assigns itself the task of elevating the climate conversation connected to Black health outcomes by amplifying the voices of those who are most impacted by the climate catastrophes we are all witnessing in real-time.”
By Kathy Carr
President, Howie Carr Radio Network (HCRN)
TALKERS EXCLUSIVE
After the first White House press briefing by the youngest presidential press secretary in history, the calls, emails and texts keep flowing in to me about Karoline Leavitt.
Even some of my liberal relatives have said, “She sounds very confident and knowledgeable.” That’s because she is, I texted back. Often in this business, people will try to push a young person in front of you. They will tell you, in all sincerity if not total accuracy, that this person is the next big star. In the case of Karoline Leavitt, my client was right.
Back in 2022, we were at a client remote, and the owner told me he wanted to introduce us to this young lady who had been a White House aide near the end of Trump’s term. “She is going places,” our client told us.
At age 24, Karoline was running for Congress in the seacoast district of New Hampshire. She was an underdog in the GOP primary to an establishment candidate, as well as a former U.S. senator’s wife. Don’t worry about it, our client told us, Karoline is going to win. When you hear something like that, you try not to roll your eyes, but you are, shall we say, skeptical.
But this time, at a car dealership in Portsmouth, it took about 45 seconds to realize that she had it. She worked the showroom like a seasoned political pro, shaking every hand in the place. She looked me in the eye and shook my hand firmly, but not too firmly. She spoke in complete sentences with no ahhhs or ummms. She didn’t punctuate every sentence with some variation of “like” or “you know.”
Despite being heavily outspent, Karoline handily won the GOP primary against her older, better-financed opponents. I truly felt she was going to defeat the Democrat incumbent. I donated to her campaign more than once.
We were stunned when she did not win. I spoke to her the day after the loss and told her that although it might not seem like it now, everything happens for a reason and that something better is coming. I was just trying to make her feel better, but this time it was true.
Soon after her defeat, we met for lunch, and I tried to recruit her as a full-time employee for our radio network. She politely declined, but did work for us as a freelancer and fill-in talk show host. (She was great!) At the end of her stint, she took us out to dinner, picked up the check, gave us a bottle of champagne and posted a video on her (very popular) social media promoting Howie’s latest book. We left dinner that night thinking, Karoline is going places.
So, there she was this week at the podium in the Brady Briefing Room in her beautiful magenta jacket and perfect make-up. But this is no dumb blonde. Her poise is beyond impressive, and everyone now realizes she is not just a pretty face. To the briefing she brought no binder, just brains.
In the winter of 2023, knowing that President Trump was going to run again, we invited her to dinner with us at Mar-A-Lago. Howie made a point of saying hello to POTUS and putting in a good word for the president’s former White House aide. With thumbs up, she posed for a quick photo with President Trump and Howie. She was wearing a jazzy crème and green dress – she always looks like a million bucks!
We are not the sole reason she was hired for the campaign, but we are proud to have played even a small part.
People often ask me what the most rewarding part is about being in the media. Some think it is the money, influence or perks. Those are all great but what a rush it is to see the next big star being born. And her name is Karoline Leavitt.
Kathy Carr is president of HCRN which distributes the Howie Carr Show and Grace Curley Show. She can be reached at Kathycarr@Howiecarrshow.com
Remote News Service provides news and traffic for stations nationwide with anchors. The company, entering its 18th year in 2025, is seeking experienced anchors to join its burgeoning team as it continues to grow from 2024. Please have at least two years of daily news and/or traffic reporting experience. Send your resume, .mp3 demo(s) and three professional references ASAP to info@remotenewsservice.com.
The nationally syndicated Joe Pags Show continues to grow. The daily 6:00 pm – 9:00 pm ET juggernaut has added several new radio outlets surpassing the 170-affiliate plateau. These include WBAP-AM/FM, Dallas; KJJR-AM, Whitefish, MT; KFLS-AM, Klamath Falls, OR; KSVC-AM / KMXD-FM, Monroe, UT; and Missouri mainstays, KRTK, KRTE, and KVMO. The Joe Pags Show is syndicated by Compass Media Networks. Contact RBlum@compassmedianetworks.com
Here are the most talked about stories of the past week (1/27-31) on news/talk radio and related talk media according to TALKERS:
Stories/Topics
1. Trump Confirmation Hearings
2. AA Flight 5342 Crash
3. Aviation Safety
4. Trump DEI Remarks and Policies
5. U.S. Healthcare System
6. ICE Migrant Deportation Crackdown
7. The Economy / DOGE Activities / Fed Funding Freeze and Overturn
8. U.S. Foreign Policy / Tariffs
9. Israel-Hamas War – Hostages Release
10. Russia-Ukraine War
People
1. Donald Trump
2. Elon Musk
3. Robert F. Kennedy, Jr
4. Tulsi Gabbard / Kash Patel
5. Pete Hegseth / Marco Rubio
6. Joe Biden
7. Vivek Ramaswamy
8. Jeff Bezos / Mark Zuckerberg
9. Benjamin Netanyahu / Vladimir Putin / Volodymyr Zelenskyy / Xi Jinping
10. JD Vance
For the complete listing of top stories, topics, and people discussed each week on news/talk radio, per the ongoing research of TALKERS, please click HERE
The U.S. Senate is reintroducing the AM Radio for Every Vehicle Act. If passed into law, it would “require the Transportation Secretary to issue a rule requiring vehicles manufactured in or imported into the U.S. to have devices installed that provide access to AM radio. It would also, among other things, ensure that AM is easily accessible to the driver and require motor vehicles that do not include AM radio (in the period between enactment and prior to the Transportation Secretary issuing the new rule) to be labeled as such to consumers in a clear and conspicuous manner.” The NAB responds to the news saying that “recent disasters like the Los Angeles wildfires and hurricanes in the southeast underscore AM radio’s unique role in delivering evacuation orders, emergency alerts and recovery information under the most challenging conditions. Its unmatched reach ensures critical information reaches those who need it, including rural and remote areas where cellular networks and internet access are unreliable.” NAB adds that “more than 125 organizations, including the National Emergency Management Association, American Farm Bureau Federation, AARP, Native Public Media, and the National Association of Black Owned Broadcasters, have endorsed the AM Radio for Every Vehicle Act. Their support underscores AM radio’s vital role in public safety and its importance to communities nationwide.”
iHeartMedia and BBC Studios announce a multi-year partnership that will make iHeartMedia the exclusive third-party advertising reseller of BBC podcasts to the U.S. market. iHeartMedia’s audio sales force will work closely with BBC Studios to represent its slate of premium podcasts and to amplify BBC’s content portfolio.
In early 2024, BBC Studios launched a dedicated audio unit to maximize creative and commercial opportunities for the BBC’s premium podcast output in the global audio market. iHeartMedia Digital Audio Group CEO Conal Byrne says, “BBC has held its position as one of the most respected, highest-quality brands in media for decades, and we couldn’t be more honored and excited to expand our relationship and represent their podcasts titles in the exploding U.S. podcast market.”
PodcastOne announces that it is moving its existing network of programming to hosting service ART19. The Amazon-owned podcast distribution and monetization service lets customers manage content and ad operations in one place. PodcastOne says this change enables it to “unlock new monetization streams,
optimize operations, and deliver even more value to advertisers and content creators alike. Additionally, by leveraging ART19’s advanced tools for dynamic ad insertion, PodcastOne can implement programmatic advertising and direct sponsorship integrations. PodcastOne president and co-founder Kit Gray states, “We’re not only ensuring the stability of our current monetization streams but unlocking new growth opportunities by leveraging ART19’s cutting-edge technology and advertising opportunities. This move underscores our commitment to innovation and delivering exceptional value to our talent, advertisers, listeners and shareholders.”
The lineup of industry speakers set to speak at the forthcoming GENERATIONS 2025 conference being presented by TALKERS at the forthcoming Intercollegiate Broadcasting System (IBS) convention – IBSNYC 2025 – continues to grow.
A stellar line-up of speakers have already signed up to speak at this groundbreaking industry event including (in alphabetical order): Vince Benedetto, CEO, Bold Gold Media Group; Chris Berry, VP News/Talk/Sports, iHeartMedia; Scot Bertram, General Manager, WRFH, Hillsdale College, Hillsdale, MI / Lecturer In Journalism; Mike Gallagher, talk show host, Salem Radio Network; Dom Giordano, talk show host, WPHT, Philadelphia; Lee Harris, Director of Integrated Operations, NewsNation / WGN, Chicago; Michael Harrison, Publisher, TALKERS; Matthew B. Harrison, Esq., VP/Associate Publisher, TALKERS; Harrison Media Law, Senior Partner; Harry Hurley, morning talk show host, WPG, Atlantic City; Jeff Katz, talk show host, WRVA, Richmond, VA; Chad Lopez, President, WABC, New York, Red Apple Media Group; John T. Mullen, general manager, WRHU-FM/WRHU.org, Hofstra University, Hempstead, NY; Walter Sabo (a.k.a. Walter M Sterling), consultant / talk show host / WPHT, Philadelphia / Talk Media Network; Rich Valdés, talk show host, Westwood One; with several more to be announced in the next few days. See agenda and accompanying stories below.
Sheraton Times Square New York Hotel
New York East Room
Saturday March 8, 2025
12:30 pm – 4:30 pm
AGENDA
12:30 – 1:00 pm Keynote Address “Welcome to the Brave New World”
Speakers:
Michael Harrison, Publisher, TALKERS
Matthew B. Harrison, Esq., VP/Associate Publisher, TALKERS; Harrison Media Law, Senior Partner
1:10 – 1:40 pm Fireside Chat “Setting the Stage”
Facilitator: Michael Harrison, Publisher, TALKERS
Special Guest: Chad Lopez, President, WABC, New York, Red Apple Media Group
1:50 – 2:20 pm Discussion: “Launching and Managing a Career in a Changing Media Industry”
Moderator: Dom Giordano, talk show host, WPHT, Philadelphia
Speaker: John T. Mullen, general manager, WRHU-FM/WRHU.org, Hofstra University, Hempstead, NY
Speaker: TBA
Speaker: TBA
2:30 – 3:00 pm Discussion: “Old School/New School/Next School – Learning from Each Other”
Moderator: Harry Hurley, morning talk show host, WPG, Atlantic City
Speaker: Vince Benedetto, CEO, Bold Gold Media Group
Speaker: Scot Bertram, General Manager, WRFH, Hillsdale College, Hillsdale, MI / Lecturer In Journalism
Speaker: Walter Sabo (a.k.a. Walter M Sterling), consultant / talk show host / WPHT, Philadelphia / Talk Media Network
3:10 – 3:40 pm Discussion: “Radio’s Place in a Diverse, Digital World”
Moderator: TBA
Speaker: Mike Gallagher, talk show host, Salem Radio Network
Speaker: Rich Valdés, talk show host, Westwood One
Speaker: TBA
3:50 – 4:20 pm Discussion: “Finding Truth in an Age of Misinformation”
Moderator: Lee Harris, Director of Integrated Operations, NewsNation / WGN, Chicago
Speaker: Chris Berry, VP News/Talk/Sports, iHeartMedia
Speaker: Jeff Katz, talk show host, WRVA, Richmond, VA
Speaker: TBA
4:20 – 4:30 pm Wrap Up: Group Chat
The first in the stellar array of 16+ guest speakers to be named for the forthcoming TALKERS GENERATIONS 2025 Conference at IBSNYC 2025 is 77WABC, New York / Red Apple Media president Chad Lopez. Lopez will serve as the special guest interviewee in the event’s Fireside Chat session in a candid one-on-one dialogue conducted by TALKERS publisher Michael Harrison. Lopez – described by
Harrison as “one of the most dynamic and effective radio managers in America” – has served as president of WABC Radio, Red Apple Media Group, and the Red Apple Audio Network since the iconic AM station was acquired and expanded five years ago by New York-based billionaire businessman / talk show host / philanthropist John Catsimatidis. Since then, the station and its associated media group have shown explosive growth that has grabbed the attention and respect of the national broadcasting industry. Prior to joining Red Apple, Lopez had already achieved notable recognition for his leadership as VP/MM of Cumulus New York and before that as GSM of CBS Radio New York. The Fireside Chat will be one of the highlights of the innovative four-hour TALKERS event on Saturday, March 8 that will be co-located with the national Intercollegiate Broadcasting System (IBS) conference March 7-8 at the Sheraton New York Times Square hotel. More speakers will be announced next week. For more information about the event including discount conference registration and room registrations, please see the story immediately below.
The Radio Hall of Fame nominating committee will begin accepting suggestions for nominations for the class
of 2025 beginning February 1 through March 31. Radio HoF co-chairman Dennis Green says, “We look forward to hearing from people across the country to advance names of outstanding broadcasters worthy of Hall of Fame recognition. 2025 marks the 37th year of bestowing the honor of Radio Hall of Fame induction on those who left an indelible mark and had a lasting impact on the radio industry.” The 2025 Radio Hall of Fame Induction Ceremony will be held in Chicago on Thursday, October 30, 2025.
Today at 2:00 pm ET, BIA Advisory Services will present a webinar titled, The 2025 Radio Revenue Outlook.
It says, “BIA will share radio ad forecasts to offer a clearer picture of what’s in store this year and which verticals are ready to spend in 2025. The advertising landscape keeps shifting, and we’re here to make sense of it all.” You can register for the webinar here.
The most discussed stories yesterday (1/29) on news/talk radio and related talk media according to TALKERS research:
1.White House Funding Freeze Confusion
2. RFK Jr. Confirmation Hearing
3. Immigrant Deportations
4. Deadly DC Airplane-Helicopter Collision
5. DeepSeek Upends U.S. Tech Sector
Audacy, Inc. announces that David J. Field is stepping down as president and CEO of the company and is leaving his seat on the board of directors. Named interim president and CEO is current board member Kelli Turner. The board will conduct a search for a permanent CEO. Meanwhile, Field will serve as a special advisor to the CEO and the board. Audacy board chairman Michael Del Nin states, “David has left an
indelible mark on the industry, growing Audacy from a few small radio stations into a scaled multi-platform audio content and entertainment powerhouse. He has built a great company with leading positions across the country’s largest markets and an outstanding portfolio of exclusive, premium audio content. Under David’s dedicated leadership, Audacy has been positioned for longterm success, and we look forward to working with Kelli and the entire team as the company begins its next exciting chapter.” In a statement, Field says, “Since I joined Audacy, then Entercom, we have grown from $10 million in revenues with ten niche radio stations into a $1.2 billion, multi-platform audio leader with one of the country’s two scaled radio broadcast groups, one of the largest podcast networks and the unrivaled top position in sports audio. Audacy recently completed a very successful 2024, delivering industry-leading EBITDA growth of more than 70% through the third quarter and significant revenue share gains across our radio and digital businesses. With the company in a strong competitive and financial position, now is the optimal time to pass the baton to new leadership. I am deeply proud of our extraordinary team and everything we have accomplished for our listeners, customers, partners, and communities. The company is in great hands, and I look forward to seeing the next chapter of Audacy’s success.”
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
