CLIPPING JUSTICE: Fair Use in Media Creation
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
Let’s continue our ongoing series of articles about fair use. A recent case highlights fair use considerations in audio media and podcasting, particularly concerning music and short audio clips used in intros, where some creators assume that brief snippets automatically qualify as “fair use.” Legal experts clarify that using a song clip, even if brief, doesn’t inherently meet fair use criteria. Courts have emphasized that fair use hinges not just on brevity but also on factors like purpose, nature, and market impact on the original work. Music clips, even short ones, are often seen as significant portions of the original content, carrying substantial value, making unauthorized use in podcasts or similar formats legally risky.
The concept of “transformative use” is crucial in fair use evaluations; content must add new meaning or context to the original rather than simply reformatting it. For instance, the landmark 2 Live Crew case involving their parody of Roy Orbison’s “Pretty Woman” underscored that transformative uses might still face challenges if they impact the original’s market value. This demonstrates that merely placing music in a new setting doesn’t automatically render it transformative.
To mitigate risks, media creators often incorporate shorter clips alongside commentary or critique, which tends to align more closely with fair use. Collaboration or seeking permissions can often be a more practical approach to using impactful content without risking costly legal disputes. Legal sources, including Loeb & Loeb, emphasize that while fair use is an evolving area, obtaining permissions—or using royalty-free alternatives—is often the most straightforward route for creators.
A recent example in Thiccc Boy Productions v. Swindelle illustrates these principles in action. Swindelle, a YouTube creator, used clips from Thiccc Boy Productions’ podcast, hosted by Brendan Schaub, in his reaction videos, asserting a fair use defense due to added commentary. The court ruled in Swindelle’s favor, noting his commentary was transformative and unlikely to harm the original podcast’s market. This decision aligns with trends following Warhol Foundation v. Goldsmith, which clarified that “transformative” uses must contribute clear commentary or critique to meet fair use standards rather than merely repurposing the original.
For today’s media creators, consulting legal guidance before integrating copyrighted material is crucial as copyright law adapts to new digital contexts.
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
The 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 
“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.”
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 
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. 
“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.”
In 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.”
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Take 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!
WURD 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 
SiriusXM 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.
Newsmax 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.
Proving There’s More to Life in America this Week than Just Presidential Politics. Pictured above is Salem Radio Networks (SRN) East Coast affiliate relations manager Jim Bligh – a frequent “player” in NYC-based skits on “Saturday Night Live“ in addition to appearing in theatrical feature films – joined NBC’s “The Tonight Show with Jimmy Fallon” on Tuesday 10/29). Fallon and Grammy-winning guest Olivia Rodrigo played “What’s Behind Me?”…a charade style game with Fallon describing action happening as her back was turned. Blight – far right – acted out a scene of Three Mobsters doing Yoga at a Barnes & Noble. See Bligh’s skit by 
“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 
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.” 
Incorporating copyrighted material into your media content can enhance its impact, but understanding fair use is essential to avoid legal risks. This article, the second in a series, explores the first fair use factor – purpose and character of the use – and explains how transformative use can protect creators. Learn how transforming copyrighted material, such as remixing or critiquing it, allows for new purposes like commentary or parody. Key examples, like “Auto-Tune the News” and radio broadcasts, illustrate how repurposing content can fall under fair use. Discover practical guidelines for ensuring your use is transformative and legally sound. To read this important article in its entirety, please 
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 
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