Industry News

Hillsdale Radio Performs Big Time Election Night Coverage

HillsdaleJournalism is alive and well within certain college radio circles. On Election Night (11/5), the WRFH/Radio Free Hillsdale 101.7 FM student broadcast team hosted live coverage from the Searle Center on Hillsdale College’s campus in Hillsdale, MI and invited students, faculty, and staff to attend and watch election results roll in and listen to analysis. Student anchors were joined by the presidents of Hillsdale College Republicans and Hillsdale College Democrats, three members of the Hillsdale faculty, a candidate for the Michigan State House, a candidate for the Michigan Supreme Court, and reporters from the Detroit News, the Daily Caller, the Center Square, and the Daily Signal. Back at the WRFH studios, the station’s news team worked to update listeners with results from state and local races all night long. More than 200 people came out to the broadcast in action. WRFH GM Scot Bertram tells TALKERS, “It was a home-run event!  Students work hard to prep for this quite unpredictable night. There’s an enormous amount of planning and research involved to set everything up. Then the night unfolds, and they realize it’s a ton of fun, as well. I’ve heard from more than a few students who took part in our previous Election Night events that it’s one of their best experiences on campus and really drew them deeper into the journalism program here at Hillsdale.”

 

Industry News

Motor Racing Anchor Jeff Striegle to Take the Checkered Flag on His NASCAR Career

As NASCAR crowns a Premier Series Champion this Sunday, November 10th at Phoenix Raceway, Jeff Striegle, Motor Racing Network lead anchor, will sign off for the last time capping a 27-year career with the network. Striegle has witnessed some incredible moments with MRN including in recent years the introduction of the Busch Clash at the L.A. Coliseum and Chicago Street Course, the closest finish in the history of the sport just this spring at Kansas Speedway, but for him “It’s hard to pick out just one racingim moment.” Striegle tells TALKERS, “There are so many amazing memories. For me, what I will miss most are the people. Everywhere we go, we meet wonderful people, great race fans that tell us, ‘We have been listening to MRN for years…’ they always want to thank us for what we do. Without the fans, there would be no need for the Motor Racing Network.”  “Throughout his time with the network Jeff has lent his talents to a number of positions around the racetrack before finding his way to the broadcast booth in 2013,” said MRN president Chris Schwartz. “His broadcast career began like so many others by working the public address booth providing the soundtrack for thousands of fans at his local racetrack, in Jeff’s case Berlin Raceway in Marne, Michigan. He has been involved with calling some of the sport’s most iconic moments, and it is fitting that the checkered flag will fall on his broadcast career by calling the final laps of another NASCAR Cup Series Championship.”  Motor Racing Network will have flag to flag coverage of the NASCAR Cup Series Championship Race Sunday, November 10th beginning at 2pm ET. The NASCAR Cup Series Championship Race will be carried LIVE on approximately 300 radio station partners across the United States, the NASCAR mobile app, and at MRN.com.  For affiliation in your area, contact Bob Quick, director, radio partnerships & traffic at Motor Racing Network by email at bquick@mrn.com or by calling 704-262-6713.

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 News

Yesterday’s (11/5) Top News/Talk Media Stories

ELECTION DAY WRAP UP:  The presidential race was supremely dominant on the top talk media stories list yesterday (11/5) on Election Day.  Conversation focused primarily on polls, predictions, and encouragement for voter turnout.  Other top issues of discussion emanating from that included abortion rights, the economy, media bias, war and rising tensions in the Middle East and Central Europe, and the ever-present migrant/border crisis according to ongoing TALKERS research.

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

Yesterday’s (11/4) Top News/Talk Media Stories

POLLS AND PREDICTIONS:  The presidential race was supremely dominant on the top talk media stories list yesterday (11/4) on Election Eve.  Conversation focused primarily on polls and predictions.  Other top issues of discussion emanating from that included abortion rights, the economy, media bias, war and rising tensions in the Middle East and Central Europe, and the ever-present migrant/border crisis according to ongoing TALKERS research.

 

Industry Views

MORE ON FAIR USE: Using the Audio/Video Content of Others Can Transform a Work into a Sum Greater Than Its Parts – Or Be a Legal Headache

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

Matthew B. Harrison, Esq.As media creators in radio and podcasting explore ways to legally incorporate external audio, the fair use factor of “purpose and character” is crucial. This factor assesses whether the use is “transformative”—adding new expression or meaning—or merely reproduces the original’s essence, potentially infringing on copyright.

Examples from popular platforms provide guidance. Podcaster Joe Rogan, for instance, often uses clips to build commentary and analysis, which could support a fair use defense due to its transformative nature (though others may argue the additions don’t significantly alter the original). Defining “transformative” is challenging, especially when the original creator disagrees on whether substantial new meaning has been added.

Transformative use in podcasts.  In podcasting, many creators use news clips or sound bites to provide commentary or critique, adding analysis or humor that can help support a fair use claim. For example, “The Joe Rogan Experience has used various clips and video snippets with added commentary. While Rogan’s show hasn’t faced significant legal challenges for these uses, adding commentary could bolster a fair use defense.

Hypothetical: satire on a radio show. Consider a radio show that incorporates political speech snippets for satire. If the use is genuinely transformative, adding new expression or meaning, it may meet fair use standards. However, the line is thin, especially if the clip isn’t significantly altered. Precedents like Campbell v. Acuff-Rose Music, Inc. inform how courts may handle parody and transformation in fair use.

Example: news clip commentary in political podcasts.  Political podcasts like “The Daily” from The New York Times often use brief clips to provide in-depth commentary on current events. For instance, they might use a clip from a politician’s speech to add a critical or alternative perspective. In such contexts, courts are more likely to view the use as transformative, particularly if it builds on or challenges the original content. These scenarios illustrate the balance media creators must strike in using third-party audio. Whether adding commentary, satire, or criticism, the goal is to transform the original content meaningfully, beyond simple replication. Understanding fair use’s “purpose and character” factor helps media creators leverage third-party content responsibly, aligning with legal standards.

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

Top News/Talk Media Stories this Past Weekend (11/2-3)

The presidential race dominated the weekend talk media discussions (11/2-3), highlighted by each candidate’s “closing case.” VP Kamala Harris‘s appearance on SNL got a buzz as did NBC’s response to backlash with an offer of equal time to former President Donald Trump. Women’s health issues and abortion rights were dominant topics. This was followed by fear of escalating violence in Central Europe and the Middle East. Other topics in the mix were the economy, the migrant crisis, and talk of Trump’s plan to put Elon Musk and Robert Kennedy Jr. in positions of influence in his administration according to ongoing research from TALKERS.

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

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.

Industry Views

News/Talk Radio Mainstay Lars Larson is this Week’s Guest on Harrison Podcasts

UCFO Michael Harrison - Lars Larson
Do people get the media and government they deserve? Is the mainstream press really “fake news” and unfair to the MAGA movement? What are the true threats to American democracy at play in this rapidly changing era?  Lars Larson is this week’s featured guest on the TALKERS MEDIA YouTube video channel’s “Up Close Far Out with Michael Harrison” and the award-winning PodcastOne audio series, “The Michael Harrison Interview.”  Larson, ranked #14 on the 2024 TALKERS Heavy Hundred and approaching his 50th anniversary in broadcasting, hosts two syndicated versions of his long-running 12:00 noon to 4:00 pm (PT) show on flagship station, KXL, Portland, OR.  One is carried on approximately 26 Radio Northwest Network (RNW) stations in Oregon, Washington, and Idaho.  The other is heard on more than 100 stations across the nation on the Compass Media Networks.  During his illustrious career, Larson has been the recipient of more than 70 awards from the Associated Press, Society of Professional Journalists, and the National Press Club, as well as two Emmys and a Peabody for his reporting and documentaries.  In a candid discussion that covers a variety of contemporary hot button issues, Larson provides the conservative media perspective on the controversial Trump Rally at Madison Square Garden along with his take on mainstream news coverage, in general, of the 2024 presidential race.  The conversation also taps into burgeoning Middle East tensions, social media, artificial intelligence, the state of journalism, the First Amendment, privacy rights, the power of TV to distort reality, plus the tenets of Marxism, Naziism, socialism, and capitalism, as well as the unique political makeup of the Portland area.  Don’t miss this!

To view the video in its entirety, please click here.

To listen to the audio version in its entirety, please click here. MHInterview.com

Industry Views

TALKERS Legal Series on Fair Use (Part 6): The Law in Modern and Complex Situations

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

Matthew B. Harrison, Esq.This sixth installment in our ongoing series on fair use focuses on the application of the law in modern and complex scenarios.

Using audio or video clips created by others often involves complex copyright considerations, especially as fair use law doesn’t automatically protect unauthorized use of media content. Cases of podcasting and talk show infringement have shown that even short clips can trigger copyright issues if they’re used in a way that substitutes the original work or diminishes its market value. It certainly can trigger flags when scanned by an algorithm.

Creators often and mistakenly believe they can legally use short clips if they’re under a specific length (often thought to be 30 seconds), but in reality, no such rule exists. Even brief clips can infringe if they are used without transforming the content or if they impact the original work’s market potential. In this vein, legal experts recommend that podcasters and media creators obtain clear permissions or licenses when using audio clips from other shows or content sources. This is especially pertinent in podcasting, where fair use is limited and can quickly lead to legal complications without the proper usage guidelines or transformative context, such as commentary or criticism.

For example, in Napster-related cases, where the focus was initially on music, courts have generally ruled against using protected content, focusing on whether the use directly impacts the market or presents a substitute for the original work. Similarly, podcasters have faced claims when broadcasting segments of popular music or clips without the required permissions, even when they used only a few seconds. To mitigate risks, media creators should consider alternatives like royalty-free audio sources or secure direct permission from copyright owners, particularly when using media that does not contribute new, critical commentary to avoid copyright liability.

Several recent copyright infringement cases have involved YouTubers and podcasters. Some cases focus on using music without obtaining necessary licenses. For example, podcasters must often secure more than just a basic ASCAP or BMI license to use music tracks, as these don’t cover all usage rights. Failing to do so has led to infringement claims against podcasters who assume that crediting a musician or using only a few seconds of a track falls under fair use, which is not always the case. Many amateur podcasters and content creators mistakenly think brief use is permissible, overlooking the need for comprehensive music licensing to avoid legal issues.

Another example is the widely reported allegations of copyright infringement in the true crime podcast sphere. Shows like “Crime Junkie” faced accusations of copying research verbatim from other sources without proper credit, highlighting the broader issue of plagiarism and copyright misuse in podcasting. Many true crime podcasts rely heavily on sources without clear attribution, leading to disputes and potential litigation due to copyright and ethical concerns. The decentralized nature of podcasting platforms makes enforcement challenging, though the legal stakes continue to rise with the medium’s growth.

These cases underscore the importance of understanding and securing permissions in podcasting and online media, especially as the medium becomes more professionalized and competitive.

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

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 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

MH: Trump on Rogan Podcast Illustrates Talk Media Realignment

TALKERS publisher Michael Harrison stated, “Although it has been many years in the making, this past Friday’s (10/25) three-hour appearance by former President Donald Trump on the ‘Joe Rogan Experience’ podcast will take its place in communications history as the singular event that clearly symbolized, beyond a shadow of doubt, the realignment of platform influence in the hierarchy of the talk media universe.” Rogan and TrumpAt the Monday morning (10/28) TALKERS editorial meeting, Harrison said, “The hoopla over this podcast appearance and its enormous profile within election news coverage clearly indicates we have arrived at a point where the terms ‘mainstream,’ ‘legacy,’ ‘alternative,’ ‘grassroots,’ and the like have to be reevaluated in conveying impact and importance – both individually, and certainly collectively – in the marketplace of ideas and the industries that serve it.”  Harrison added, “This is especially true of Rogan’s individual impact as indicated by 1) the deference he was paid by a former president and major party candidate in showing up three-hours late for a live rally attended by thousands in which he actually implied that this podcast interview was a priority and more important to ‘winning’ than arriving on time for the event; 2) the tsunami of news coverage this podcast generated; 3) the passive aggressive irreverence granted a somewhat oblivious Trump by Rogan both during and following the interview; and 4) the sheer enormity of Rogan’s raw numbers on Spotify and YouTube, unfettered by FCC regulation.”

Industry News

Top News/Talk Media Stories this Past Weekend (10/26-27)

The presidential race dominated the weekend talk media discussions (10/26-27), highlighted by former President Donald Trump’s controversial Sunday rally at Madison Square Garden and his appearance on the “Joe Rogan Experience” podcast. This was followed by fear of escalating violence in Central Europe and the Middle East. Other topics in the mix were the economy, the migrant crisis, abortion, Elon Musk’s election money activity and the MLB World Series according to ongoing research from TALKERS.

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

Radio Spokesmodel Marks First Anniversary with “75 Radio” Show

 Danila Rodrigues

The “75 Radio” Show announces the one-year anniversary of its association with what the program’s producers describe as “the world’s first radio spokesmodel,” Danila Rodrigues. Rodrigues is literally the face of “75 Radio” as her photos grace the podcast archives, YouTube, as well as all promotional material. Rodriguez helps promote “75 Radio” and its stated principles of smaller government and individual liberty. She made her debut as a member of the “75 Radio” team on October 28, 2023, when she appeared with hosts Walter Yurkiw, Peter “Scoop” Stanton and Pulitzer Prize winner and host of the “No BS Newshour,” Charlie LeDuff. Besides a radio personality, Rodrigues is also a model who has been featured in Moevir, Latinos Today, Pump, and even TALKERS. Besides modeling, Danila Rodrigues is a nurse, business owner, champion bodybuilder, fitness expert, and a mother.  “75 Radio” is a conservative talk show syndicated by Liberty News Radio Network from its flagship station WMQM-AM/W227DQ 1600 AM, Memphis. The show is also carried online via the Roku Player, Tune In app and on LibertyNewsRadio.com. All shows are uploaded to most major podcasting services including Spotify and Apple as well as archived on its website 75Radio.org all free of charge. The show is hosted by Walter Yurkiw and Peter “Scoop” Stanton. Both are former members of the New York Police Department. They can be contacted at info@75Radio.org.

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 Views

What is the Meaning of Freedom of Speech?

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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

Fair Use: A Media Creator’s Guide to Using Copyrighted Content

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

Matthew B. Harrison, Esq.As a media creator, incorporating copyrighted material, such as video clips or actualities, into your content can enhance your message. But when using someone else’s work, you need to consider fair use, a legal principle that permits limited use of copyrighted material under certain conditions – without needing permission from the copyright holder. Understanding when and how you can safely use this material is critical to avoiding costly liability – whether it’s a copyright strike or complicated copyright litigation.

What is fair use? Fair use is the legal principle that allows copyrighted material to be used without permission for purposes above and beyond the original version – 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 creators should carefully consider.

Purpose and character of the use.  Is the use of the material transformative? This means that you’re adding something new or giving it a different purpose than the original, rather than just copying it. This is more likely to be allowable. On the other hand, simply reposting someone else’s video with little change is not transformative and could be seen as infringement.

Nature of the copyrighted work.  Not all content is treated equally under fair use. Factual works (such as news reports) are more likely to be subject to fair use than creative works (like movies or music videos). Why? Courts recognize that creative works often involve a higher level of personal expression, so they deserve more protection. Plus, society has an interest in being able to quickly disseminate news and other important information – therefore, facts generally have little to no protection themselves.

Amount and substantiality. The more of the original work you use, the less likely it is to qualify as fair use. Using a brief clip or excerpt is more defensible than using an entire segment or the “heart” of a work, which is often the most memorable or critical part. This becomes less of an issue when using factual material, though immediately can get complicated if the material being used is someone elses opinion and commentary. This is where taking less is going to be more – in terms of preventing potential liability.

Effect on the market. If your use of the copyrighted material could replace the need for the original courts are more likely to see it as infringement. In other words – is your use of the material taking money out of the pockets of the original creator? This isn’t a moral judgement but purely an objective analysis. If your use does not impact the market for the original work, such as in a news or educational context, it’s more likely to fall under fair use.

Practical Takeaways for Media Creators

Use brief excerpts, not whole segments. The less you use, the more likely it’s fair use.

Make sure your use is transformative. Add commentary, criticism, or parody to distinguish your work from the original.

Be mindful of market impact. Avoid using copyrighted material in a way that competes with the original.

Credit is not enough. Even if you give attribution, it doesn’t exempt you from potential liability. Fair use depends on how you use the material, not just on crediting the original creator.

While fair use provides flexibility, it’s crucial to apply it carefully. When in doubt, consult with legal counsel to ensure your content remains within legal bounds.

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

Top News/Talk Media Stories this Past Weekend (10/19-20)

The presidential race highlighted by scrutiny and defense over Trump’s alleged cognitive decline was the most discussed story on news/talk media this past weekend (10/19-20), followed by fear of escalating violence in the Middle East by Israel’s killing of Hamas leader Yahya Sinwar. These stories were closely followed by (or incorporated) the economy, the migrant crisis, abortion, the Russia-Ukraine war, Elon Musk’s election money activity and the MLB playoffs according to ongoing research from TALKERS.

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

Top News/Talk Media Stories this Past Week (10/14-18)

Industry News

TALKERS News Notes

Industry News

Yesterday’s (10/16) Top News/Talk Media Stories