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

By TALKERS | November 1, 2024November 1, 2024 by TALKERS

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 50^th 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

Thanks for the Ride!

By TALKERS | October 31, 2024October 31, 2024 by TALKERS

Gallagher

Combining the fact that the presidential election is just five days away with today (10/31) being Halloween and “garbage” having become a talking point for both sides … ever the showman, Salem Radio Network talk host Mike Gallagher displays the Halloween costume he donned for today’s national broadcast – keying off former President Donald Trump’s appearance last night in Wisconsin in a garbage truck. Of Trump, Gallagher declares: “There’s never been a more compelling political figure in the history of our country. Every American – and certainly talk show host – owes Donald Trump a debt of gratitude for the ride we’re on.”

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

By TALKERS | October 31, 2024October 31, 2024 by TALKERS

By Matthew B. Harrison

TALKERS, VP/Associate Publisher

Harrison Media Law, Senior Partner

Goodphone Communications, Executive Producer

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

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

By TALKERS | October 31, 2024October 31, 2024 by TALKERS

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.

I Am Leaving My Daily Radio Show While On Top to Transition to Podcasts

By TALKERS | October 31, 2024October 31, 2024 by TALKERS

By Mark Belling
Talk Show Host, WISN-AM, Milwaukee

I have decided, with the full support of WISN-AM and its parent iHeartMedia, to transition my program to podcast only effective at the end of this year.

There are two main reasons for this.

I set an incredibly ambitious goal when I began my Milwaukee show on WISN-AM in March of 1989. I said I wanted it to be the best local radio talk show in America. I feel I have achieved that goal by every possible measurement. The most recent Nielsen ratings give my program the highest listenership share of any local talk show in the United States (top 48 markets, also known as “metered” markets). In addition, my show has the highest ratings of any radio program in Wisconsin and WISN-AM is the most listened-to radio station in the state. WISN-AM has the highest audience share in its market of any station in the top 48 markets in America and I am the highest rated show on the station.

Mission accomplished.

Secondly, the future of spoken word programming on our planet is podcasting. We live in an on-demand world. Driving people to listen to or watch content at specific times is a thing of the past. Podcasting allows total flexibility and gives hosts far more freedom. The staggering success of shows like Joe Rogan, Megyn Kelly and Tucker Carlson, all distributed exclusively on the web in a podcast-like format, makes clear what the present and especially the future are.

I am NOT retiring. I will be a podcast-only host and expect my already high listenership and profile to grow. This is my new challenge. I believe I have accomplished as much as any on-air radio personality in Wisconsin history and now want to make my mark in the revolutionary world of podcasting.

My current radio program is turned into a podcast platform and is usually ranked in the top 100 on the iHeart platform. A specifically dedicated podcast that can be accessed only on podcast platforms has the potential to be much bigger.

I will continue to do the podcast from Milwaukee and the WISN-AM studios. Like my radio show, the content will be a combination of local and national topics and my intent is for it to be even more freewheeling than my current anything-goes approach. I have signed a contract with iHeartMedia to stay with the company in this transitioned role.

The podcast will be released three times per week with the flexibility for special additional shows if events warrant. It will begin May 1 and be available on iHeart and other traditional podcast platforms.

The last “Mark Belling Late Afternoon Show” will air December 30. There will be no farewell shows nor any going-away programming or events. I’m not going anywhere. My show, in its new incarnation, will be bigger and better than ever.

Mark Belling is currently ranked #51 on the TALKERS Heavy Hundred list of the 100 Most Important Radio Talk Show Hosts in America.

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

By TALKERS | October 30, 2024October 30, 2024 by TALKERS

Media 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.

TALKERS News Notes

By TALKERS | October 30, 2024October 30, 2024 by TALKERS

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.

Proving There’s More to Life in America this Week than Just Presidential Politics. Pictured above is Salem Radio Networks (SRN) East Coast affiliate relations manager Jim Bligh – a frequent “player” in NYC-based skits on “Saturday Night Live“ in addition to appearing in theatrical feature films – joined NBC’s “The Tonight Show with Jimmy Fallon” on Tuesday 10/29). Fallon and Grammy-winning guest Olivia Rodrigo played “What’s Behind Me?”…a charade style game with Fallon describing action happening as her back was turned. Blight – far right – acted out a scene of Three Mobsters doing Yoga at a Barnes & Noble. See Bligh’s skit by clicking here.

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

By TALKERS | October 30, 2024October 30, 2024 by TALKERS

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.

Cumulus Media and TuneIn Expand Content Partnership Agreement

By TALKERS | October 29, 2024 by TALKERS

Cumulus Media, which describes itself as a top “audio-first” media company, and TuneIn, self-proclaimed world’s leader in “live audio,” today (10/29) announced that they have renewed and expanded their existing content partnership. Under the terms of the deal, TuneIn will continue to make Cumulus Media’s local sports, news, talk and entertainment programming available to its 75 million monthly global listeners. The extended agreement also includes a new, non-exclusive sales and supply partnership to optimize digital audio advertising monetization for Cumulus’ diverse radio stations. Cumulus owns and operates 400 radio stations across 84 markets with an extensive collection of nationally syndicated sports, news, talk and entertainment programming. As part of the agreement, audio streams of Cumulus stations and podcasts, which includes popular stations like WBAP, Dallas; WLS, Chicago; and KNBR, San Francisco will remain available 24/7 through TuneIn. “TuneIn naturally aligns with our strategy to expand our digital footprint and extend the reach of our diverse programming to a global audience,” said Brian Philips, chief content officer of Cumulus Media, telling TALKERS, “TuneIn offers significant global reach that makes it possible for listeners to easily discover our extensive collection of radio stations and podcasts almost anywhere through the TuneIn platform and 200+ connected devices.” “We are excited to continue to expand our long-standing partnership with Cumulus to extend the reach of their comprehensive content offerings,” said Rich Stern, CEO of TuneIn. “This partnership allows us to bring high-quality content to our listeners while also helping Cumulus monetize its digital audio advertising inventory effectively. It’s a win-win for both companies and our audiences.”

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

By TALKERS | October 29, 2024October 29, 2024 by TALKERS

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.

MH: Trump on Rogan Podcast Illustrates Talk Media Realignment

By TALKERS | October 28, 2024 by TALKERS

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.” At 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.”

TALKERS News Notes

By TALKERS | October 28, 2024October 28, 2024 by TALKERS

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 53^rd 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. “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 30^th 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 30^th 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. It will be carried by LibertyNewsRadio.com or video stream at TheBigMigShow on Rumble. For additional information or press inquiries, please contact Sam Bushman at 801-756-9133 or LibertyRoundTable@gmail.com.

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

By TALKERS | October 28, 2024October 28, 2024 by TALKERS

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.

TALKERS News Notes

By TALKERS | October 25, 2024October 25, 2024 by TALKERS

POWERFUL STORY! The New York Times: Her Job Was Talking on the Radio. Then Suddenly, Words Wouldn’t Come. One day last winter, Alison Stewart, the host of “All of It” on public station WNYC, New York was alarmed to find herself speaking gibberish. 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 Times. Click here.

Music Group Gunhill Road Putting Final Touches on Talk Radio Anthem. Gunhill Road, the perennial pop music ensemble that has attracted hundreds of thousands of worldwide followers with its growing repertoire of issue-oriented songs and music videos, is currently in post-production with an anthem celebrating talk radio. Titled “Don’t Stop Talkin’” – the song is an uplifting and infectiously catchy tune about the vital role talk radio plays in serving the cause of American freedom of speech. With lines that include “As long as you’ve got a voice, don’t ever stop!” and “As long as you’ve got the truth, don’t ever stop!” the original composition co-written by band members Steve Goldrich, Paul Reisch, Brian Koonin, and Michael Harrison encourages talk radio practitioners to keep up the good work and great service they provide the nation.TALKERS Heavy Hundred syndicated host Dr. Daliah Wachs pictured above bopping to the music in a scene from the forthcoming video “Don’t Stop Talkin'” by Gunhill Road.

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.

Job Opportunity

Salem Seeks GSM for New York City

By TALKERS | October 25, 2024October 25, 2024 by TALKERS

Salem Media Group is seeking a seasoned general sales manager to lead its radio and digital sales team in New York City. This is an exceptional opportunity for an experienced professional to drive success in the country’s number one media market. The ideal candidate will have a deep understanding of the NYC media landscape and strong market relationships to drive business growth. Apply online at https://careers-salemmedia.icims.com/jobs/3336/general-sales-manager/job, or reach out directly to Jerry Crowley jcrowley@nycradio.com or Laura Sheaffer laura@nycradio.com

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

By TALKERS | October 25, 2024October 25, 2024 by TALKERS

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.

TALKERS Legal Series on Fair Use (Part 3): The Nature of the Copyrighted Work

By TALKERS | October 24, 2024October 24, 2024 by TALKERS

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

Matthew B. Harrison, Esq. The “Nature of the Copyrighted Work” is a key factor in fair use analysis, with courts more likely to allow the use of factual works, such as news reports, than highly creative works like music or films. The landmark case Feist Publications, Inc. v. Rural Telephone Service Co. established that mere facts, like telephone numbers, cannot be copyrighted unless presented with originality. In media, factual content like news clips may support a fair use defense, while creative works like syndicated talk shows are more protected. Broadcasters should add commentary or criticism when using factual material and be cautious when reusing creative content. Understanding this factual-creative spectrum is critical for media creators navigating copyright law. To read entire article, please click here.

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

Radio Spokesmodel Marks First Anniversary with “75 Radio” Show

By TALKERS | October 24, 2024October 24, 2024 by TALKERS

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.

TALKERS News Notes

By TALKERS | October 24, 2024October 24, 2024 by TALKERS

iHM Portand Adds Sean Highkin as Trail Blazers Correspondent on WPOJ-AM. iHeartMedia Portland’s Rip City Radio 620, “Your Home of the Portland Trail Blazers,” announced today (10/24) that acclaimed sports journalist Sean Highkin will join the station as the Portland Trail Blazers correspondent, effective immediately. He will provide comprehensive coverage of the games, practices, press conferences and everything revolving around the Portland Trail Blazers on their flagship station. Highkin brings over a decade of experience covering the NBA, including seven years dedicated to the Portland Trail Blazers. As a trusted voice in basketball, his experience includes contributing to national outlets such as Bleacher Report, USA Today, The Athletic and NBC Sports. In 2023, Highkin was named Oregon Sportswriter of the Year by the National Sports Media Association. “Sean’s knowledge, expertise and impressive track record will elevate and take our Trail Blazers coverage to the next level,” said Marshal Burgess, metro president of iHeartMedia Portland. “His insightful analysis and in-depth reporting have made him a respected voice in the sports journalism community, and we are thrilled to have him join the iHeartRadio Portland team.”

New York Festivals 2025 Radio Awards Announces Distinguished Grand Jury. The New York Festivals® Radio Awards has announced its 2025 Grand Jury. The 2025 Radio Awards Grand Jury features over 100 global leaders from the radio industry across six continents. This distinguished panel comprises world-class content creators, industry visionaries, and iconic voices. Recruited from renowned companies, these directors, producers, journalists, writers, and sound artists are celebrated for their innovation and engaging storytelling. “The robust world of audio storytelling today is fully represented in the 2025 edition of the Grand Jury,” said Rose Anderson, EVP/executive director, New York Festivals Radio Awards. “From audiobooks to podcasts, from investigative journalism to live events, and from mystery to social justice, this year’s jury members volunteer their time and lend their expertise.” The New York Festivals Radio Awards provides a platform to celebrate creative storytellers from around the world. For 67 years, NYF has recognized both innovation and exceptional quality in broadcast audio content across all genres and platforms since 1957. Since 2023, The National Press Club, has partnered with New York Festivals to honor the highest scoring news program across the Coverage Of Breaking News Story, Coverage Of Ongoing News Story, Nonfiction Series, Investigative Journalism Podcast, and News Podcast categories. The winner will be announced during the 2025 Storytellers Gala in April. NYF’s Radio Awards receives entries from radio stations, networks, and independent producers from over 30 countries around the globe. The mission of the competition is to honor the achievements of the men and women who make up the global audio storytelling community. To see complete list of Grand Jurors click here 2025 Grand Jury. Award-winning entries for 2025 will be showcased on the Radio Awards winners gallery. View the 2024 winners’ showcase. The entry deadline for the 2025 Radio Awards competition is January 31, 2025. To enter the 2025 Radio Awards please visit: HERE, for additional information visit: HERE.

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

By TALKERS | October 24, 2024October 24, 2024 by TALKERS

The presidential race, including Kamala Harris’ evening town hall on CNN, Trump chief of staff Gen. John Kelly’s warning about Donald Trump’s “fascism,” the escalation of violence in the Middle East; North Korean involvement in the Russia-Ukraine war, climate change, the economy, abortion rights, the migrant crisis, and the McDonald’s E. coli outbreak were some of the most-talked-about stories in news/talk media yesterday (10/23), according to ongoing research from TALKERS.

TALKERS Legal Series on Fair Use (Part 3): The Nature of the Copyrighted Work

By TALKERS | October 24, 2024 by TALKERS

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

This is the third 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 “Nature of the Copyrighted Work” is a key factor in fair use analysis, with courts more likely to allow the use of factual works, such as news reports, than highly creative works like music or films. The landmark case Feist Publications, Inc. v. Rural Telephone Service Co. established that mere facts, like telephone numbers, cannot be copyrighted unless presented with originality. In media, factual content like news clips may support a fair use defense, while creative works like syndicated talk shows are more protected. Broadcasters should add commentary or criticism when using factual material and be cautious when reusing creative content. Understanding this factual-creative spectrum is critical for media creators navigating copyright law.

In the context of fair use, courts are more likely to allow the use of factual works, such as news reports, historical accounts, or other informational content, than highly creative works like songs, movies, or artwork. The theory behind this is that factual works generally serve a public interest – society benefits from the free exchange of information and ideas, and we want “the system” to encourage this. On the other hand, creative works involve more personal expression, and copyright law is designed to protect that artistic effort (and allow for monetization thereof.) This distinction plays a crucial role in determining fair use, as courts are more protective of creative works because they represent a higher degree of originality and personal investment.

Classic Case: Feist Publications, Inc. v. Rural Telephone Service Co. (1991)

A landmark case that helps illustrate this factor is Feist Publications, Inc. v. Rural Telephone Service Co., which asked whether copyright protection could be applied to a seemingly factual work: a telephone directory. In this case, Rural Telephone Service Co., a public utility, created a telephone directory of its customers’ names, addresses, and phone numbers. Feist Publications, a company that produced a larger, regional telephone directory, copied some of these listings and was sued by Rural for copyright infringement.

Rural argued that its directory was protected by copyright, but Feist countered that the information in the directory (names, addresses, and phone numbers) was purely factual and, therefore, not eligible for copyright protection.

The Supreme Court ruled in favor of Feist, stating that facts are not protected by copyright because they are not original to the author. The Court held that Rural’s directory did not qualify for copyright protection because it lacked creativity and originality – it was simply a compilation of facts (names and numbers). The case established the principle that mere facts are ineligible for copyright protection, even if they are compiled in an organized way.

This case is significant because it underscores that factual information, like a telephone directory, cannot be copyrighted unless there is a creative element involved in its presentation, such as an original selection or arrangement of the facts.

Application to Radio and Media:

When it comes to radio, news, or media content, the nature of the copyrighted work often comes into play, especially in cases where factual content (such as news clips or interviews) is being reused. Courts may treat factual works more leniently in fair use cases, allowing them to be repurposed for commentary, criticism, or reporting, as they serve a public interest. However, creative works, like talk shows, are given more protection because they represent original artistic expression. The more creative the work, the less likely its unauthorized use will be considered fair use.

An Example – Associated Press v. Meltwater U.S. Holdings (2013)

While not specific to radio, this case highlights the issue of using factual content in media. Associated Press (AP) sued Meltwater, a news aggregation service, for copying parts of AP’s news articles and distributing them without permission.

The court found in favor of the Associated Press, stating that even though AP’s articles contained factual information, they were written with creativity and journalistic skill – thus, they were still copyrightable. The nature of the work was not purely factual, as it involved a degree of originality in the writing and presentation. This case illustrates that while factual works may be more likely to fall under fair use, their specific presentation or creative treatment can still be protected.

Radio Case Example: Syndicated Content and Commentary

A case that touches on the nature of copyrighted works in radio can be seen in disputes over syndicated talk shows or political commentary. Stations that rebroadcast these shows without proper licensing agreements may argue fair use, but their success often depends on whether the work being used is factual or creative. For example, if a station replays a news clip or political speech, the fact that the content is factual might support a fair use defense. However, if they replay a syndicated talk show where a host offers personal opinions or creative commentary, it would be considered a more creative work, requiring higher protection. In some cases, radio stations have argued that the rebroadcasting of certain content (like portions of interviews or speeches) qualifies as fair use because it’s factual and in the public interest. Still, if the content also involves a unique editorial style or commentary, the courts may treat it as more creative and therefore not subject to fair use.

Practical takeaways for media creators:

• Factual vs. creative: When considering whether fair use applies, broadcasters should analyze whether the content they’re using is more factual or creative. Factual works (such as news reports) are more likely to be protected by fair use, while creative works (like music or dramas) are less likely.

• Add commentary or criticism: Even when using factual content, it’s crucial to add commentary, analysis, or criticism to support a fair use defense. Simply republishing factual material without transformation can still lead to copyright infringement.

• Be mindful of syndicated content: Syndicated content, such as talk shows, often involves a mix of factual information and creative opinion. Replaying such content without proper licensing can lead to legal challenges, as courts may view this as a use of creative work.

The nature of the copyrighted work plays a crucial role in fair use analysis. While factual works are more likely to be used under fair use, creative works enjoy stronger protection. Media creators, including broadcasters and radio stations, need to be aware of this distinction and ensure that their use of copyrighted material is both transformative and legally defensible. By understanding the factual-creative spectrum, media creators can better navigate the complexities of copyright law.

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

Audacy’s Suchman: What’s Making Audio the Most Effective Ad Medium

By TALKERS | October 23, 2024 by TALKERS

In a piece in AdAge, Audacy chief marketing officer Paul Suchman spells out how AI and influencer marketing are transforming audio into the most effective ad medium. Suchman writes, “Audio deserves much more recognition as a (legacy) medium that’s constantly innovating and evolving to enhance the consumer experience and the advertiser opportunity. At the heart of Audio lives great storytelling. From the beginning of humankind to today’s best advertising, storytelling is the single most effective tool for sharing information and knowledge – all while entertaining, educating and yes, selling. Storytelling is a constant, but the way stories are told is shifting, driven by new technologies and approaches that allow brands to create more emotional connection, deliver more personalized experiences and scale their campaigns for maximum impact. And no medium is better equipped to do this than audio.” Read the full article here.

Seven Alumni Inducted into 2024 Hofstra Radio Hall of Fame

By TALKERS | October 23, 2024October 23, 2024 by TALKERS

Hundreds of Hofstra alumni, students, faculty, staff, and administrators gathered to celebrate the induction of seven alumni into the University’s Radio Hall of Fame this past Saturday (10/19) at the Hofstra University Club on the school campus in Hempstead, NY. Over its 65 years, WRHU-88.7 (previously WHCH and WVHC) has won some of the industry’s most coveted awards, including four Marconi Awards for College Radio Station of the Year from the National Association of Broadcasters. Student reporters have won national and regional honors and worked alongside professional journalists in covering events ranging from political conventions, presidential debates, and inaugurations to the Super Bowl and major league playoff and championship games. At WRHU, Hofstra students create multiplatform live game content for Hofstra D1 teams and the NBA G League Long Island Nets. They produce and distribute all NY Islanders live NHL games to ESPN Radio NYC, SiriusXM, NHL.com, WRCN-FM, and WRHU-FM. Students also produce and perform on-air roles for the Long Island Ducks baseball franchise. The evening’s celebration was emceed by Lee Harris (front row, far left), a 2009 WRHU Hall of Fame award winner and recent inductee into the national Radio Hall of Fame, and Jamie Morris ’07 (not pictured), host of K-JOY, Long Island’s “Mornings with Jamie and You.” This year’s inductees for the Radio Hall of Fame are Danielle Dellilo ’01 (front row, second from left); Shannan Ferry ’14 (front row, fourth from left); Jared Greenberg ’05 (back row, far left); Damon (Dave) Mock ’00 (posthumously); Shawn Novatt ’00 (first row, second from right); Stu Rushfield ’89 (back row, second from left); and John Santucci ’11 (not pictured). Also pictured: noted agent and president of the executive board of Hofstra University’s Alumni Organization, Heather Cohen (front row, third from left); Mike Kluger (back row, third from left); Steve Graziano (back row, third from right); George Musgrave (back row, second from right); Jim Helfgott (back row, far right); WRHU general manager, John T. Mullen (front row, fourth from right); and current president Hofstra Radio Alumni Association, Liane Sousa (front row, far right). (HRAA photo)

TALKERS News Notes

By TALKERS | October 23, 2024 by TALKERS

SiriusXM Announces Coverage for 2024-25 NBA Season. The satellite and internet broadcaster launched its coverage of the NBA’s 2024-25 season with a doubleheader featuring the reigning NBA Champion Boston Celtics hosting the New York Knicks, followed by the Minnesota Timberwolves facing off against the Los Angeles Lakers. This season, SiriusXM listeners will get access to live broadcasts of every NBA game through the NBA postseason and The Finals, as well as daily, in-depth NBA-focused programming on the SiriusXM NBA Radio channel.

PodcastOne Unveils the Explosive 10th Season of The Opportunist: “Tim Ballard: Unmasking a Hero.” PodcastOne announces the release of the latest season of its hit series, “The Opportunist,” hosted by veteran true crime author and podcast host Sara James McLaughlin. The new series delves into the dramatic rise and fall of Tim Ballard, the embattled founder of Operation Underground Railroad. Known for his work rescuing trafficked children, Ballard’s public persona hides darker allegations. McLaughlin takes listeners on a gripping investigative journey, featuring interviews with some of the women who have accused Ballard of sexual misconduct.

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

By TALKERS | October 23, 2024 by TALKERS

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.

What is the Meaning of Freedom of Speech?

By TALKERS | October 22, 2024October 22, 2024 by TALKERS

TALKERS publisher Michael Harrison addressed a packed house of New Jersey political, civic, and business leaders at the recent Hurley in the Morning Foundation Charity Dinner in Atlantic City (10/4) where he delivered a barn burning speech discussing the biological and sociological impact of modern era communications technology.

In this brief excerpt, he discusses the often misunderstood or misused basics of “freedom of speech” that apply to the American media marketplace of ideas. One of the many highlights of Harrison’s 48-minute keynote address was his observation that there are basically two types of “freedom of speech” – the general “spirit” of the law in an idealized sense, and the actual “letter” of the law specifically per the First Amendment. Harrison notes that many people are shocked to learn that the First Amendment gives citizens and private enterprises the right to curtail the speech of others. Only the government is prevented from infringing on speech and expression via the Bill of Rights. After that, all bets are off. To view the provocative clip, please click here.

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

By TALKERS | October 22, 2024October 22, 2024 by TALKERS

Greg Clugston

Salem Radio Network’s White House correspondent Greg Clugston – pictured above by Air Force One steps- is set to board AF1 today (10/22) for his latest assignment: covering President Joe Biden at a Concord, New Hampshire event where Biden will address prescription drug prices in America. Following that event, with Election Day just two weeks away, Clugston will hit-the-highway in a car trip reminiscent of what Salem sources describe as the late Charles Kuralt’s long running “On The Road” series for CBS News. Some of Clugston’s itinerary will be:

• Driving to New York City to cover former President Donald Trump’s October 27^th rally at Madison Square Garden; he will do advance reports for SRN News and TOWNHALL News during newscasts prior to start of the event.

• October 30^th he will return to D.C. where he’ll serve as White House radio pool reporter for all national radio networks

• October 31^st Clugston will commence a multi-day drive through the “Blue Wall” states of Pennsylvania, Michigan and Wisconsin. His tour will originate in Pennsylvania…and – given the Keystone State’s importance in the Presidential contest – he’ll file from Pennsylvania again on his return trip en route to Washington, D.C.

• November 5^th he will anchor SRN’s Decision Desk providing non-stop results from the race for President of the United States as well as key House and Senate races which will determine control of both houses of the U.S. Congress.

“Greg Clugston’s depth of knowledge in national politics is second to none in media, and we are proud he is about to undertake this unique multi-city tour…which promises to deliver compelling, eye-level reporting from key states likely to determine the outcome of the 2024 campaign,” Tom Tradup, VP/news and talk programming for SRN tells TALKERS. “It will be a grueling few days on the road, but Greg’s energy and enthusiasm for this project will result in some of the best radio news reporting of this entire political year.” SRN News and TOWNHALL News are twin 24/7 national news networks which are each a division of Salem Media Group.

Part 2: Understanding Fair Use

By TALKERS | October 22, 2024October 22, 2024 by TALKERS

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

Matthew B. Harrison, Esq. Incorporating copyrighted material into your media content can enhance its impact, but understanding fair use is essential to avoid legal risks. This article, the second in a series, explores the first fair use factor – purpose and character of the use – and explains how transformative use can protect creators. Learn how transforming copyrighted material, such as remixing or critiquing it, allows for new purposes like commentary or parody. Key examples, like “Auto-Tune the News” and radio broadcasts, illustrate how repurposing content can fall under fair use. Discover practical guidelines for ensuring your use is transformative and legally sound. To read this important article in its entirety, please click here.

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

Part 2: Understanding Fair Use

By TALKERS | October 22, 2024October 22, 2024 by TALKERS

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

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

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

By TALKERS | October 22, 2024October 29, 2024 by TALKERS

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

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.

TALKERS News Notes

By TALKERS | October 22, 2024October 22, 2024 by TALKERS

Old Friends and Colleagues Gather for CRN International Reunion. Some 50 long-ago colleagues gathered at a warm weekend reunion at a cozy restaurant in the Nutmeg State for what, in the 1970s, began as “Connecticut Radio Network.” It evolved into CRN International, a major advertising promotion agency, which ceased operations a decade ago. CRN SkiWatch reports aired across the USA, customized for each affiliate, and based on conditions reported by CRN’s army of spotters. Pictured above (l-r): consultant Holland Cooke; CRN International founder Barry Berman; and WABC, New York news personality, Joe Connolly. (NOTE: CRN International is not to be confused with long-active CRN Digital Talk Radio.)

AdLarge Adds Innovative “CIRCLE THIS” Podcast to Client Stable. AdLarge, a pioneering podcast advertising agency, has announces the addition of “CIRCLE THIS with Andrea ‘Dre’ Bendewald” to the fwd. network, an innovative media brand championing female creators. “CIRCLE THIS” is described as a series of deep, playful, and intimate conversations shedding light on how to create magic and meaning in your everyday life. Bendewald invites her close circle of friends which include innovators, authors, entrepreneurs, healers, and artists, to share their stories and practices for building and nurturing authentic relationships. Adding “CIRCLE THIS” to the fwd. network, represents a “bold step forward” in what AdLarge describes as its “ongoing effort and dedication to amplifying female creators as crucial voices in the modern media landscape.”

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

By TALKERS | October 22, 2024October 22, 2024 by TALKERS

The election was front and center yesterday (10/21) as the rhetoric, mudslinging, and atypical campaign environment intensifies. Former President Donald Trump’s cosplay at McDonalds and observations of schlongology (Jeffrey Epstein and Arnold Palmer) were highlights of the day’s conversation . The escalation of violence in the Middle East, climate change, the economy, abortion rights, the migrant crisis, and the Russia-Ukraine war were also among the most-talked-about stories in news/talk media yesterday (10/22), according to ongoing research from TALKERS.