Industry News

Top News/Talk Media Stories this Past Week (11/4-8)

The lead up to Election Day and its aftermath dominated all news/talk media platforms this week including a rehash of the key issues of this cycle: Election Postmortem; Economy; Migrant-Border Crisis; Abortion / Health Care; Russia-Ukraine War; Middle East Violence; Climate Change / Race Relations /Gender Relations; Big Tech / Media Corruption-Bias; and Crime / Homelessness.  To see the complete chart of the most talked about stories and people, please click here.

Industry Views

CLIPPING JUSTICE: Fair Use in Media Creation

By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

imLet’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

Industry News

TALKERS News Notes

BFoA Launches Annual Year-End Giving Campaign For Donations to Help Colleagues in Need.  imThe 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 www.broadcastersfoundation.org, or contact 212-373-8250 or info@thebfoa.org.

 

Trans Siberian Orchestra
Siberian Orchestra Delivers a Powerful “Star-Spangled Banner” for Radio.  The Trans-Siberian Orchestra (TSO), the rock group known for its epic Christmas concerts, has released a special rendition of the “Star-Spangled Banner.” With this interpretation of the national anthem, TSO honors the brave men and women who have served our country, including those who made the ultimate sacrifice. TSO’s music director, Al Pitrelli, tells TALKERS, “I grew up in a military family. Both of my grandparents, my father, and uncles, served. Two of my children are currently serving. The Armed Forces is an important thing in my family and the TSO family. We always make sure to acknowledge all they do for this country.” This powerful performance has been made available for radio to air on Veterans Day and throughout the year.
For more information contact: Mike McVay – mikemcvay@mcvaymedia.com 
Industry News

“Chachi Loves Everybody” Podcast Releases Two New Episodes Featuring 2024 Giants of Broadcasting Honorees, Al Roker of NBC’s “The Today Show” and Patsy Smullin, Owner and President of California Oregon Broadcasting

Benztown, a global leader specializing in radio imaging, voiceover, programming, podcasting and jingles, announces the release today (11/7) of two new episodes of its series “Chachi Loves Everybody,” an original podcast hosted by its president Dave “Chachi” Denes. imThese episodes feature Chachi’s special guests Al Roker, longtime weatherman on NBC’s The Today Show and co-anchor of the iconic morning show’s third hour, and Patsy Smullin, owner/president of California Oregon Broadcasting, and host of the successful television interview series, Up Close and Personal.  Roker and Smullin will be among those honored next week as Giants of Broadcasting by the Library of American Broadcasting Foundation at the 2024 Giants of Broadcasting & Electronic Arts luncheon and awards ceremony. The event will be held on Tuesday, November 12th at Gotham Hall in New York City.  To listen to these new “Chachi Loves Everybody” podcast episodes, please click here. For more information about the 2024 Giants of Broadcasting & Electronic Arts luncheon and awards ceremony, and for a full list of honorees, please click here.

Industry Views

FAIR USE: What Constitutes “Publishing” or a “Publication” on Today’s Media Playing Field?

By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

imAs the practice of “clip jockeying” becomes an increasingly ubiquitous and taken-for-granted technique in modern audio and video talk media, an understanding of the legal concept “fair use” is vital to the safety and survival of practitioners and their platforms.

When assessing fair use in audio media, courts closely examine the “nature of the copyrighted work,” especially focusing on whether the work is factual or creative, and published or unpublished. Factual content, such as news reports or data, is more likely to be seen as fair use material, as it’s in the public interest to keep factual information accessible. Creative works, like music, fiction, or original performances, often enjoy stronger protection because they embody the creator’s unique expression and should be compensated accordingly.

Unpublished interviews or speeches.  When audio content includes unpublished material – such as a speech or interview that hasn’t been publicly released – courts typically approach it with heightened caution. For example, if a podcast includes clips from an unpublished interview with a politician to enhance commentary, courts might scrutinize this more heavily than they would a published work, as the speaker retains significant control over whether and how the content reaches the public.

Case study insight: Salinger v. Random House (1987).  The landmark case Salinger v. Random House highlighted how unpublished works generally receive stronger copyright protection. In this case, the use of unpublished letters in a biography was ruled as infringing, emphasizing that unpublished materials hold a unique status in copyright law. If a podcaster today were to use a similarly unpublished interview with a public figure without significant commentary or transformation, they might face greater legal challenges.

Redefining “published” in the digital era.  With digital platforms, the meaning of “published” is evolving. Traditionally, a work was deemed “published” when made available for sale, license, or public distribution. Now, sharing content online, even in a limited way – such as within a closed social media group or private online forum – raises questions about whether the content should be considered published. Courts are increasingly aware that limited digital sharing doesn’t necessarily reduce a work’s unpublished protections, but extensive online distribution might.

Modern considerations of online sharing. Courts today analyze factors like control over access and the sharing platform’s nature. For instance, an audio clip shared in a restricted forum might retain its unpublished protections, while a widely posted clip could lose some of those protections. Additionally, when creators post content on platforms like Instagram or YouTube before officially “publishing” it elsewhere, courts may take the creator’s intent and distribution scope into account when determining the content’s legal status.

As online platforms reshape how creators distribute their work, they also impact fair use, pushing courts to reinterpret what it means for a work to be “published.” This evolving understanding means that copyright protections depend not only on whether a work is accessible but also on the level of control over its distribution, especially for audio content.

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

Industry Views

MH: Election Will Impact Positioning and Strategy for News/Talk Media’s Next Chapter in the Game of “Follow the Audience”

MH UCFO studioToday is Election Day in America. Finally! Now the talk media industry is about to learn what’s next?  No matter which way the presidential race goes, the results will have a measurable impact on news/talk media’s positioning and strategy going forward for years to come. According to TALKERS publisher Michael Harrison, “That’s what happens when the news media operates within the paradigm of primarily ‘targeting’ audiences based on their pre-existing biases, opinions, and passions.  The only objective seeking of truth that takes place within the formulation of media strategy, in this transactional environment, focuses on one basic concern – where does the audience, that we so zealously covet, stand on this?”  During an editorial conference this morning, Harrison stated, “The two major media-base ‘camps’ that have emerged in the past decade on talk radio, news/talk TV, YouTube and podcasting, fall under the basic headings of the pro-Trump media industry and the anti-Trump media industry.  Yes, both have grown into full-fledged industries – and their interests are deeply entangled. As cynical as this might sound, the deck is about to be reshuffled to one degree or another and talk media industry practitioners are going to have to pull off some fancy steps to avoid sinking into the quicksand of inevitable changes in public opinion – regardless of what shape these movements take.” Harrison adds, “If you’ll pardon the ancient reference, no one wants to be left playing Frankie Avalon and Bobby Rydell records the day after the Beatles’ and their British buddies invaded our pop culture.”

Industry News

Boston Sports Talk Legend Fred Toucher on the Demise of His Old Partner’s New Show: “I Hate Him”

In an example of just how contentious sports talk radio can be, long-time Boston sports talk radio host Fred Toucher did not hold back in slamming his old partner, Rich Shertenlieb, whose new show was cancelled this week. Fred Toucher ID (From Seminar 2024)Toucher, who now co-hosts “Toucher & Hardy“ on 98.5 The Sports Hub, WBZ-FM, Boston took some time on this morning’s show (11/5) to address ”the elephant in the room.” Shertenlieb‘s new show on local classic rock outlet WZLX had been canceled after five months, and Toucher didn’t seem to have any sympathy for his former partner.  In a story by reporter Nick O’ Malley posted on the news site MassLive.com, “I hate him,” Toucher said. “So, I was happy yesterday when I heard about this. But I was a little disheartened that he still carries none of the responsibility and takes none of the blame and still just can’t be honest.”   Toucher and Shertenlieb co-hosted the “Toucher & Rich” show from 2009-2023, working together to produce one of Boston’s most popular morning shows. However, the show ran into issues in 2023. Toucher missed time due to personal and physical issues, including a stretch of time at an alcohol detox facility. In November, parent company Beasley Media said in a statement that Shertenlieb declined to accept a new contract.  On Monday, Shertenlieb announced that he was “disappointed” that his show was being canceled after just five months. The radio host complained that management forced him to “alter the format” of the show by adding music.  However, Toucher noted Tuesday that Shertenlieb’s show was a “ratings disaster.”  “He not only did not bring in a new audience to that show, he alienated – based on ratings – their entire existing audience,” Toucher said. “He had like a third of the ratings that they got jockless in the morning … Yeah, management might have been a little concerned.”  Toucher said that critics can paint the picture of his reaction however they like. But he did note that he and co-host Jon Wallach say they weren’t alone in celebrating the demise of Shertenlieb’s show.  To see the complete article in MassLive.com, please click here.

Industry Views

SABO SEZ: Blame TiVo

By Walter Sabo
A.K.A. Walter Sterling, Host
Sterling Every Damn Night, WPHT, Philadelphia
Sterling On Sunday, TMN

Walter M. SterlingTake 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!

Now On-demand is the rule of all media.

Liberation from traditional formalities has infiltrated every aspect of our day.. TMZ launched with this editorial rule: Cover NO scheduled events. No press conferences. TMZ cameras lurk in the parking lots and valet tents to capture stars off guard, candid, authentic. Make-up artists and movie set hairdressers, not PR teams, are their primary news sources. By comparison, “Entertainment Tonight” and “Hard Copy” who are obligated to the PR industry look phony, stiff, staged.

Warren Buffet for decades modeled how to behave like the country’s richest man. Stable, sane, professorial. But today’s richest man, Elon Musk is running million dollar a day giveaways to registered voters. He wears t-shirts, dances on stage and has how many kids?

Hoda Kotb quits the “Today Show” …THE TODAY SHOW and no one cares. The quest for a new co-anchor captures no one’s imagination. Compared with the impact of online influencers, TikTok videos and on-demand TV, the “Today Show” looks anachronistic.

A relic.

Four years ago, the millions of workers staying at home would have never thought freedom from the office commute would be possible. Now they can’t imagine why they have to go to the office – because they are at work, on their kitchen table.

Don’t become BLOCKBUSTER. Today’s trends are becoming surging rivers of thought and behavior. Winning employers will embrace their colleagues with recognition of these changes. Rather than bribing and begging workers back to the old office, they will amp up the tools and support to allow employees to easily produce from anywhere they wish. That means providing better computers, phones, software, and new systems for recognizing performance. Getting-in-early just isn’t going to mean anything. Getting-it-done will be prized.

About your talk station: Three- and four-hour blocks of – BLOCK PROGRAMMING – is the past. Seamless is the future. Seamless talk programming, format driven rather than “my show” driven will grow cume and maximize PPM technology. Hosts will present ideas and entertainment, with other hosts and contributors using techniques that allow for tune-in at any time.

 Consultant Walter Sabo A.K.A. Walter M Sterling has a nightly show “Sterling Every Damn Night” heard on WPHT, Philadelphia 9:00 pm – 12:00 midnight. His syndicated show, “Sterling On Sunday,” from Talk Media Network, airs Sundays 10:00 pm – 1:00 am ET, and is now in its 10th year of success. He can be reached by email at waltermsterling@gmail.com or Sabowalter@gmail.com.

 

 

 

Industry News

TALKERS News Notes

WURDWURD 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 click here.

 

imSiriusXM 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.

 

NewsMaxNewsmax 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.

 

Industry News

Top News/Talk Media Stories this Past Week (10/28-11/1)

It was a power-packed stretch (10/28-11/1) as Election Day rapidly approached less than a week away. The presidential race highlighted by continuing talk about the MSG MAGA event and “garbage” talk emanating from both sides consumed the airwaves and talk media programs on all platforms.  Hot topics included: migrant-border issues; the economy-inflation-tariffs-housing; abortion-healthcare-climate change- race relations; Middle East and Central Europe war-violence; Elon Musk activities- big tech-media corruption-bias; crime-guns; Halloween; and the World Series. To see the complete chart of the most talked about stories and people, please click here.

Job Opportunity

Plum Programming Job Open at WHO, Des Moines

Who

iHeartMedia is offering an exciting opportunity for the role of director of spoken word specifically for WHO Radio in Des Moines, Iowa. This position is critical in overseeing all spoken word content, driving the creative vision, and ensuring that the programming captivates and engages listeners. The director will manage on-air talent, curate compelling content, and maintain the high standards that WHO Radio is known for. If you’re passionate about radio, have a knack for leadership, and possess experience in content creation and management, this is a chance to make a significant impact at one of the most respected stations in the industry. Don’t miss this opportunity to shape the future of spoken word at WHO Radio!  For more info and to apply please click here.

 

 

Industry News

Yesterday’s (10/30) Top News/Talk Media Stories

The presidential race remained dominant on top of the stories list yesterday (10/30) as Election Day rapidly approaches.  Conversation included a continuing rehashing of last Sunday’s controversial MAGA rally at MSG with a huge focus on the comments/fallout from the Puerto Rican community and President Joe Biden‘s controversial remark about former President Donald Trump‘s supporters being “garbage.”  VP Kamala Harris‘s speech in DC, continued to be among the most-talked-about election stories in news/talk media yesterday (10/30).  Other top issues of discussion included the economy, media bias, rising tensions in the Middle East and Central Europe, the migrant crisis, and the World Series according to ongoing TALKERS research.

 

Industry Views

MH: Rogan-Trump Podcast Marks New Media Evolutionary Tipping Point

imMedia analyst, broadcaster, and trade journal publisher Michael Harrison appeared on the popular Jeff Katz afternoon drive show on WRVA, Richmond yesterday (10/29) to discuss comments he made earlier in TALKERS about the historic significance of former President Donald Trump‘s recent three-hour guest spot on the “Joe Rogan Experience” podcast. To listen to the fascinating discussion, please click here.   

Industry News

TALKERS News Notes

Remote News Service Continues Growth – Pacific Northwest.  Remote News Service (RNS), a live and localized news network providing hyper targeted, and custom news/traffic remotely, announces the addition of three new stations to its client list. Lotus Communications Seattle joins Remote News Service adding Northwest News Radio KNWN 1000/97.7, HANK 101.5, and Talk Radio 570 KVI. Frank Lenzi, news director for KNWN said “We are excited about our new partnership with Remote News Service. Their traffic anchors provide our listeners with the top-notch, real-time traffic information for which they have come to rely on us for generations.”  Remote News Service owner Lesley Lotto said “We are thrilled to welcome Lotus Communications, which has such a great reputation in the industry, to the RNS family. This year has been one of tremendous growth and these stations magnify the quality of client stations and markets we’ve been able to attract. It’s all about the exceptional performance of our team.”  For more information, visit remotenewsservice.com.

Jim BlighProving 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 clicking here.

 

Industry News

Yesterday’s (10/29) Top News/Talk Media Stories

The presidential race, including a continuing rehashing of Sunday’s controversial MAGA rally at MSG with a huge focus on the comments/fallout from the Puerto Rican community, former President Donald Trump‘s recent appearance with Joe Rogan, and scrutiny over VP Kamala Harris‘s speech in DC, was among the most-talked-about stories in news/talk media yesterday (10/29).  Other issues of discussion included the economy, media bias, rising tensions in the Middle East and Central Europe, and, of course, the migrant crisis according to ongoing TALKERS research.

Industry News

Yesterday’s (10/28) Top News/Talk Media Stories

The presidential race, including rehashing Sunday’s controversial MAGA rally at MSG with a huge focus on the comments/fallout about Puerto Rico and Latinos made by wannabe comedian Tony Hinchcliffe and former President Donald Trump’s “Enemy Within” theme, was among the most-talked-about stories in news/talk media yesterday (10/28).  Other issues of discussion included the economy, media bias, rising tensions in the Middle East and Central Europe, and, of course, the migrant crisis.

Industry Views

TALKERS Legal Series on Fair Use (Part 5): The Balance Between “Exposure” and “Value” in Copyright Law

Industry News

TALKERS News Notes

Len Berman ID

WOR, New York Morning Co-host Len Berman to Anchor Station’s First-Time Ever Live Coverage of New York City Marathon (11/3). iHeartMedia New York announced today (10/28) that Emmy award-winning New York City sports anchor Len Berman, currently heard from 6:00 am – 10:00 am weekdays on 710 WOR’s “Len Berman and Michael Riedel in the Morning,” will anchor 710 WOR’s live coverage of the 53rd TCS New York City Marathon on Sunday November 3.  This first-ever radio broadcast of the iconic New York City event will be heard from 8:00 am – 12:00 noon on 710 WOR-AM, Q104.3HD2, on the free iHeartRadio app, smart devices and at 710wor.com. “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.”

 

WGN, Chicago Renews Contract with Host Lou Manfredini. WGN Radio today (10/28) announced a contract extension with host Lou Manfredini, the station’s do-it-yourself expert and mainstay for nearly 30 years. His call-in radio show “HouseSmarts Radio with Lou Manfredini” airs Saturdays, 6:00 am to 10:00 am, and delivers an entertaining mix of practical and useful home improvement advice. Lou Manfredini “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). Lou Manfredini is also a weekly contributor to WGN-TV’s Morning News.

 

Liberty News Radio and The Big Mig Rumble Channel to Present Election RoundTable 2024. Nationwide Broadcast Liberty News Radio and the Big Mig Show on Rumble are presenting what they describe will be a “captivating” live event, “Election RoundTable 2024,” to be held on November 5, 2024, between 7:00 pm – 12:00 midnight ET. Hosted by Sam Bushman, James Edwards, Dr. Scott Bradley, and Lance Migliaccio, the forum will feature a panel of notable experts including Sheri Richard Mack, Alex Newman, George Balloutine, Lew Moore, Lowell Nelson, Dave Krieger, Peter Scoop Stanton, and others. Highlights will include in-depth analysis of election dynamics, key issues, and candidate strategies. The forum is set to be a key resource for political enthusiasts and voters across the nation, providing a comprehensive look at the elements shaping the future of our Constitutional Republic. Liberty News RadioIt 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.

Industry Views

TALKERS Legal Series on Fair Use (Part 4): The Amount and Substantiality Factor

By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

Matthew B. Harrison, Esq.With the growing popularity of talk media programs utilizing segments of other shows as key elements of scrutiny and commentary in their programming (“Clip Jockey Format” as coined by Michael Harrison), it is important that media content creators be aware of the subtle and often ambiguous rules applying to the legal aspects of this practice under the heading of fair use.

This is the fourth installment of a multi-part TALKERS Legal Series on Fair Use for the Media Creator. The first installment is here. The second installment is here. The third installment is here.

The “amount and substantiality” factor in fair use focuses on how much of the copyrighted material is used and whether that portion is essential to the original work. Despite seeming obvious, this factor can be nuanced, and determining how much use is fair can be challenging because it’s not just about the quantity but also about the significance of the portion used.


Is It Difficult to Distinguish?

In many cases, it’s not always obvious what qualifies as a “small” or “insignificant” portion. Courts often consider both the quantity, and the quality of the material used:

• Quantity: This factor asks if only a small part of the work has been used. Using a shorter clip from a video or a few sentences from a book could be more justifiable as fair use. But what qualifies as “small” can vary depending on the work—10 seconds from a short film may be seen differently from 10 seconds in a longer documentary.

• Quality: Even if a creator only uses a small part of the original work, using its “heart” or most memorable part might still count as substantial. For example, a few lines from a song’s chorus, though short, could be considered significant enough to impact fair use status.

Example Cases Highlighting Amount and Substantiality

To better understand this, it’s useful to look at cases that illustrate when the amount used was deemed fair or not:

• Harper & Row v. Nation Enterprises (1985): This case involved a magazine that used a few hundred words from an unpublished memoir by President Gerald Ford. Although this was a small percentage of the memoir, the excerpt contained key insights into Ford’s decision to pardon Nixon. The court held that this use was not fair because it included the most “substantial” and critical part of the memoir, even though the total percentage of text used was minimal.

• Campbell v. Acuff-Rose Music, Inc. (1994): Here, the hip-hop group 2 Live Crew used portions of Roy Orbison’s song “Oh, Pretty Woman” to create a parody. Even though the song’s recognizable parts were used, the new work was transformative in its purpose (a parody rather than a love song). Because the group’s use was a small part relative to the song’s total content and had a new purpose, the court found it was fair use.

Many books and law school classes have been devoted to this question – so let’s focus on Application in Media and Broadcasting

In radio and broadcasting, this factor is often relevant when using clips, songs, or interview segments from other sources. Using a small clip to support commentary or criticism is more likely to be considered fair use, especially if it does not contain the “heart” of the original work:

• Commentary on a Speech: If a talk show uses a brief part of a public figure’s speech to critique it, the fair use factor may weigh in favor of the radio station if it doesn’t take the most memorable segment.

• Use of Music in Shows: Music clips used for thematic transitions or commentary must be kept brief, as lengthy or highly recognizable parts can affect fair use status. Playing just a few bars might qualify, but a chorus or instrumental hook would likely cross the line. This is less of a mine field in traditional broadcast radio as existing license agreements, such as with ASCAP or BMI, may allow for such uses anyway. However, when focusing on the internet – it’s a completely different matter as no licenses have been formally given, yet there is an incentive for the copyright holder to have their work shared. It’s not cut and dry – which is why the following takeaways should be helpful when navigating forward.

Key Takeaways for Media Creators

• Use Minimal Amounts: The less you use, the more defensible your case for fair use, especially if you avoid the most recognizable parts.

• Avoid the “Heart” of the Work: Select portions that serve your purpose without including critical or memorable parts of the original material.

• Transformative Purpose Matters: If the use adds new meaning or serves a different function (e.g., satire, critique), it’s more likely to be deemed fair, even if it includes some key elements.

Summary

Understanding how much of the work a media creator can use while staying within fair use guidelines can be tricky, as this factor requires balancing quantity and significance. Media creators should focus on minimal use that contributes meaningfully to commentary, criticism, or other transformative purposes.

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

Industry News

TALKERS News Notes

POWERFUL STORY!  The New York Times: Her Job Was Talking on the Radio. Then Suddenly, Words Wouldn’t ComeAlison StweartOne day last winter, Alison Stewart, the host of “All of It” on public station WNYC, New York was alarmed to find herself speaking gibberish. Stewart’s health crisis began on February 22, a day jump-started by a 6:00 am workout with her personal trainer. She was pushing herself to get back in shape after having donated a kidney to her sister six months earlier. The workout was routine, though she barely spoke, which was unlike her.  As the morning progressed, she began to feel confusion; she couldn’t engage in a lucid conversation or write a coherent text message. She headed into SoHo, to WNYC Studios, where she hosts the daily interview show “All of It,” and settled into her office to practice reading an introduction to a segment, but her phrasing hit roadblocks instead of flowing smoothly. Baffled, she sought out Kate Hinds, the show’s director. Hinds was taken aback. “She looked very upset, her skin a little gray,” she recalled. “The disintegration was so stark and alarming. I was terrified.” She urged her to see a doctor. Stewart’s doctor listened to her garbled words over the phone and told her to go straight to the emergency room. There, she was able to execute commands like touching her nose and walking backward and forward, signaling that she probably had not suffered a stroke, but a CT scan revealed a mass on her brain. Stewart, 58, was soon talking gibberish, a dreadful and mystifying development for a woman who made her living by talking. Her decline was so rapid that her colleagues wondered whether she would ever be on the radio again.  “I knew she was trapped in there,” said Tracy Christian, one of several friends who had rushed to her side.  Don’t miss a powerful, detailed story by reporter Julie Besonen about Alison Stewart’s remarkable surgery (while awake) under the direction of leading-edge neurosurgeon, Dr. Randy D’Amico, at Lenox Hill Hospital in Manhattan and her ongoing challenging recovery in yesterday’s edition of The New York TimesClick here.

 

Dr Daliah WachsMusic 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 GoldrichPaul ReischBrian 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.

Gunhill Road
The images accompanying the music blend into a dynamic montage of individual radio talk hosts from different sectors of the industry in the process of doing their shows (and then some). The group invited talk show hosts from around the country – local and syndicated – to contribute video clips of themselves in action on the mic. And according to sources in the band, the number of contributions “more than met our expectations.” Gunhill Road video producer (and TALKERS VP/associate publisher) Matthew B. Harrison states, “The members of Gunhill Road are so grateful for the attention and airplay they have received over the years from talk radio that they want to give something special back to the industry and its medium.” The new song and video are expected to drop shortly after Election Day with a premiere on YouTube.  For more information about Gunhill Road please visit www.GunhillRoadMusic.com.

Industry News

Top News/Talk Media Stories this Past Week (10/21-25)

It was a heck of a power-packed week (10/21-25) as Election Day draws nearer. The presidential race highlighted by VP Kamala Harris’s appearance on CNN and former President Donald Trump’s various campaign stops/rallies were key items of conversation. Following that, the top stories were: John F. Kelly Trump Fascist Statements; Trump Legal Issues; Escalation Fears in Middle East Violence; Russia-Ukraine War with Potential North Korean Troop Involvement; the Economy including Inflation and Tariffs; Elon Musk Money to Voters Giveaway Flap; Big Tech; Abortion Rights; Health Care; Climate Change; Race Relations; McDonalds E. coli Outbreak; Menendez Murder Case; Disney Price Hike; and the World Series Begins. To see the complete chart of the most talked about stories and people, please click here.

Industry News

Yesterday’s (10/23) Top News/Talk Media Stories

Industry News

Yesterday’s (10/22) Top News/Talk Media Stories

The presidential race, including Kamala Harris’ scheduled Pennsylvania town hall on CNN and former Trump chief of staff John Kelly’s warning about Donald Trump’s “facism,” the escalation of violence in the Middle East, climate change, the economy, abortion rights, the migrant crisis, and the Russia-Ukraine war were some of the most-talked-about stories in news/talk media yesterday, according to ongoing research from TALKERS.

Industry News

TRAVELIN’ MAN: Salem Radio Network’s Greg Clugston to Channel Charles Kuralt “On The Road”

Industry Views

Part 2: Understanding Fair Use

By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

Matthew B. Harrison, Esq.Incorporating copyrighted material, such as video clips or actualities, can enhance your content, but understanding fair use is critical to avoid legal trouble. Fair use permits limited use of copyrighted material for purposes like criticism, commentary, news reporting, or parody without needing permission. Courts assess fair use based on four factors: purpose and character of the use (is it transformative?), nature of the work (factual vs. creative), amount used, and the effect on the market. Learn practical tips on safely navigating fair use, including using brief excerpts, transforming content, and considering market impact.

This is the second in a series of articles addressing the broader topic of fair use for media creators. Click here for the first installment.

Understanding Fair Use: Purpose and Character of the Use. When using copyrighted material belonging to others in the creation of your own media content, it is important to understanding the concept of fair use. Fair use allows copyrighted material to be used without permission for purposes like criticism, commentary, news reporting, education, or parody. It’s not an absolute right but rather a defense you can claim if challenged. Courts assess fair use based on four key factors, all which broadcasters should carefully consider.

The first factor of fair use that courts consider is the purpose and character of the use. Specifically, is the use of the material transformative? Transformative use is a key concept that can often determine whether your content qualifies as fair use or not – and really is the heart of the inquiry.

What Does Transformative Mean? In legal terms, a use is considered transformative when it adds new expression, meaning, or message to the original work. This is different from merely copying the work or using it for the same purpose as the original creator. By transforming the material, you’re creating something that serves a different purpose or offers new insights, rather than simply replicating the original content.

Example: Auto-Tune the News. One of the most famous examples of transformative use is the Gregory Brothers’ viral “Auto-Tune the News” series, which turned news clips into catchy, auto-tuned songs. In 2010, they took an interview clip with Antoine Dodson, who was describing an attempted home invasion, and turned it into the widely popular “Bed Intruder Song.”  In this case, the original news segment was purely factual—a straightforward broadcast of a local news report. However, by remixing the clip with auto-tuned vocals and adding music, the Gregory Brothers transformed the clip into a piece of entertainment and social commentary. This new purpose—entertainment and humor—was distinct from the original intent of simply delivering news, making it a classic example of transformative use. Although the raw news footage was copyrighted, the remix was so different in tone, presentation, and purpose that it was protected under fair use. The transformation added new creative elements and reframed the original material as a humorous, catchy song.

How Does This Apply to Radio? Let’s take this concept and apply it to radio, a medium that often uses clips from other sources. Imagine you’re running a talk show, and you want to use excerpts from a political speech to make a satirical point about current events. If you simply play the speech on air without any changes, it may not qualify as fair use because you haven’t transformed the original material – you’re just rebroadcasting it. However, if you take portions of the speech and then critique, analyze, or poke fun at it, you’re more likely to be in the clear. For example, if your show involves playing clips of political speeches interspersed with humorous commentary or parody, you’re repurposing the original work in a new and transformative way—much like “Auto-Tune the News.”

Another example could be a radio show that plays clips from popular songs but recontextualizes them within a larger discussion of musical trends or cultural history. If the song clips are used to illustrate a point and not simply for entertainment value, the new purpose—educational or critical analysis—can qualify the use as fair. In cases involving parody or political commentary on radio, the fair use defense has sometimes been successful. For instance, radio shows that use short clips from speeches, interviews, or news broadcasts for commentary, satire, or criticism can invoke fair use if the content is transformed for a new purpose.

One example is when talk radio shows play brief excerpts of copyrighted works (e.g., speeches, news clips) to critique or analyze them. If the use is transformative and doesn’t replace the original work in the marketplace (i.e., people wouldn’t listen to the radio show as a substitute for the original), courts have shown a willingness to accept fair use in such contexts. However, detailed legal battles involving radio stations using copyrighted material for parody or commentary are less common than those involving music licensing.

Example: Rogers v. Koons (Rebroadcast of News Content). While not as widely reported as music-related cases, one example of a copyright infringement suit involving the rebroadcast of talk content was a case where a news organization sued a radio station for replaying portions of its copyrighted interviews and reports without permission. In cases like this, radio stations or broadcasters may try to claim fair use based on the purpose of the rebroadcast, such as using a portion of an interview for commentary, satire, or news reporting. However, if the content is used purely to replay the original, as opposed to being transformed into a new, critical, or educational piece, the fair use defense may not succeed.  For example, news stations may license their talk content (like interviews or original reporting) through syndication deals. If a radio station broadcasts this content without securing the necessary licensing agreement, they may face a copyright lawsuit.

Example: Talk Show Hosts and Syndicated Content. A real-world scenario can involve syndicated talk shows or podcasts that are copyrighted. Radio stations can face lawsuits if they replay this content without proper authorization. An example would be stations rebroadcasting popular talk radio shows or political commentaries (such as those by syndicated hosts like Rush Limbaugh or Howard Stern) without purchasing broadcast rights. This unauthorized use can lead to legal action from the copyright holders. For example, if a station replays clips of an interview conducted by NPR or a news network for entertainment or even news purposes, and it doesn’t transform the content for criticism or commentary, it may be violating copyright law. Radio companies might try to claim fair use, but the courts will look closely at whether the replay served a new, transformative purpose or was simply a verbatim rebroadcast.

Key Considerations for Broadcasters. To better understand whether your use of copyrighted content is transformative, ask yourself:

• Are you adding new meaning or message? The more your work transforms the original content – such as using it for commentary, criticism, or satire – the more likely it qualifies as fair use.

• Does your use serve a different purpose? If you’re using the content for a new purpose, like entertainment, education, or social commentary, rather than simply duplicating the original, it can be seen as transformative.

• Are you just using the original for its own sake? If the copyrighted material is used in a way that does not add new expression or meaning, it’s less likely to fall under fair use. Transformative use is a powerful defense in fair use claims, but it’s not a guarantee. Always make sure your purpose and character are different from the original intent of the work, and when in doubt, seek legal counsel.

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

 

Industry Views

SABO SEZ: Move or Die!

By Walter Sabo
A.K.A. Walter Sterling, Host
Sterling Every Damn Night, WPHT, Philadelphia
Sterling On Sunday, TMN

Walter M. SterlingIf 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 public perceives radio to be live, current, and local. Those three ingredients are the foundation of radio’s hundred years of success and the envy of all other media. That’s right – ALL. OTHER. MEDIA.  Radio was born with the characteristics envied by newspapers, magazines, streaming, TV… name it.

The savior of the AM band was not a three-hour-a-day-host. The savior is all-news and local live. The FM formats that thrive and grow put up a live mirror to a city’s needs and tastes.  Stations that sound like their city, and no other city, do not just win – they dominate. The radio shark is the forward momentum of urgent local information, new ideas, new jokes.

When asked, most people will say, “I don’t think I listen to the radio much…” But they do. The problem is radio is not top of mind. Why not? Because radio must demand listener attention with urgent, new ideas, entertainment, and information. “Your favorites from the 90s and today” isn’t doing that. Listen to air checks of the double-digit share legends of top 40 night-time radio. They weren’t so great. BUT in every single break they announced the names of local schools, listeners, events – every break with urgency. The more listener names, the higher their shares. Radio math. The more listener names, the more live local points of reference, the higher the audience share.

Consider the stunning ratings of too many NPR stations. What accounts for their growth trajectory? Clock the percentage of time your local NPR station spends presenting local news, local information, and new ideas.

Compare that with any other station in the city. In its own dreary way, most NPR stations deliver on the presumed benefits of the medium of radio: Local, live, urgent ideas. Yes, many commercial stations command major ratings for the same reason: All-news stations, and hybrids such as WSB, Atlanta; KRLD, Dallas; New Jersey 101.5, WABC, New York; KFI, Los Angeles; WTAM, Cleveland; WPHT Philadelphia.

It’s sacred geometry: The more often a listener hears about their local, daily life, the higher go the ratings.

Consultant Walter Sabo A.K.A. Walter M Sterling has a nightly show “Sterling Every Damn Night” heard on WPHT, Philadelphia 9:00 pm – 12:00 midnight. His syndicated show, “Sterling On Sunday,” from Talk Media Network, airs Sundays 10:00 pm – 1:00 am ET, and is now in its 10th year of success. He can be reached by email at waltermsterling@gmail.com or Sabowalter@gmail.com.

Industry News

Yesterday’s (10/21) Top News/Talk Media Stories

Industry Views

MONDAY MEMO: Bleep?

By Holland Cooke
Consultant

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As the Dodgers celebrated the win that advanced them to the National League Championship Series, a FOX Sports TV reporter asked LA’s Enrique Hernandez, “What made this team so special?” First checking, “Are we live?” Hernandez replied, “The fact that we don’t give a f**k!” (which was not bleeped).

Earlier that day vice presidential candidate Tim Walz campaigned in Michigan. Reacting to disparaging remarks Donald Trump had made ABOUT Detroit IN Detroit, Walz quipped “All’s they know about manufacturing is manufacturing bullshit.”

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Later that evening, Bill Maher delivered the amusingly plainspoken experience his HBO viewers paid to opt-into. Next day, his uncensored vocabulary jumped to basic cable, via CNN’s free-with-commercials rebroadcast. I’ve heard a CNN talking head say “asshole” – and panelists on other cable news channels now say “bullshit” nonchalantly.

So WHERE IS The Line? For this week’s column, I asked around.

Bleep Task Force

To read Holland Cooke’s complete column, please click here.

Holland Cooke (HollandCooke.com) is a consultant working the intersection of broadcasting and the Internet. He is the author of “The Local Radio Advantage: Your 4-Week Tune-In Tune-Up” and “Close Like Crazy: Local Direct Leads, Pitches & Specs That Earned the Benjamins” and “Confidential: Negotiation Checklist for Weekend Talk Radio.” Follow HC on Twitter @HollandCooke and connect on LinkedIn

 

Industry Views

MONDAY MEMO: Bleep?

By Holland Cooke
Consultant

F bomb

Industry News

Harris FOX Interview Delivers Blockbuster Ratings

Harris on FoxIdeology and, as Michael Harrison calls it, “the daily dance of affirmation” aside – perhaps there’s something to be said about booking “opposition” political luminaries as guests on our industry’s highly “targeted” venues.  FOX News Channel’s (FNC) “Special Report with Bret Baier” delivered 7.8 million viewers and 1,126,000 in the 25-54 demo during anchor Bret Baier’s exclusive interview with VP Kamala Harris from 6:00 pm – 6:30 pm ET this past Wednesday (10/6), according to Nielsen Media Research. The interview marked the highest rating of the Harris-Trump political season, outrating Harris’s individual appearances on “60 Minutes,” “The View,” “The Late Show with Stephen Colbert,” CNN and MSNBC. For the full 6:00 pm ET hour, “Special Report” drew 6.7 million viewers and 901,000 in the 25-54 demo. Combined with the show’s midnight airing 12:00 midnight -12:30 am ET, the interview with VP Harris nabbed 9.2 million viewers and 1.4 million in the 25-54 demo, beating ABC’s interview with President Joe Biden before he dropped out of the race (8.5 million viewers). FNC averaged more than 12 million viewers on Wednesday between all three airings of its interviews with VP (6:00 pm ET and 12:00 midnight ET) and its town hall with former President Donald Trump (11:00 am -12:00 noon ET). Interestingly, according to Nielsen Media Research, Pittsburgh, PA was the top-rated market in the country for the interview.

Industry News

2024 Presidential Race Taking on Historic Role as Nation’s First “Podcast Election”

Tyrus and Trump

Industry News

Erick Erickson Plays Both Sides of the Field

Erick 95.5 WSB, Atlanta (and nationally syndicated) TALKERS Heavy Hundred star, Erick Erickson is giving both sides an airing today (10/18) in his midday show that he’s broadcasting from the parlor in the Texas Governor’s Mansion (see pic at left) before UGA battles University of Texas tomorrow.  He tells TALKERS, he’ll have on both Governors Gregg Abbott (R-TX) and Brian Kemp (R-GA) to talk about the border, the election, and football.