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
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. 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
The hallmark awards ceremony, presented by CalViva Health in the New Exhibit Hall of the Fresno Convention & Entertainment Center. The awards paid tribute to 10 Central Valley women who have excelled professionally, served as role models, and given back to their communities, as well as one business honored for its support of women and women’s issues. Patty Hixson’s successful radio career spans 32 years serving the Central Valley. An active leader in the community, she has been a member of the Fig Garden Rotary Club for 30 years, serving as president in 2018, and was a longtime member of the California State University-Fresno’s Bulldog Foundation. Hixson also served on the Board of Directors of the Greater Fresno Area Chamber of Commerce. Patty Hixson said: “I’m honored and humbled to be recognized among this astute group of leaders. Giving back to the community is a central part of my DNA, and I thank the Marjaree Mason Center for this award and for its important efforts supporting all women in our community.”
The agreement extension will feature Jeff Lewis expanding his popular show, “Jeff Lewis Live” to two hours a day giving listeners more of Jeff Lewis promoted as “just the way you want him…live and uncensored.” Lewis tells TALKERS, “SiriusXM has given me the freedom to build a show that is unfiltered, unapologetic, and morally corrupt. I’m grateful for the opportunity to grow my show and my cult…I mean, listeners.” The show will now air Monday through Fridays from 12:00 noon – 2:00 pm ET on SiriusXM’s 
Andrea Mitchell to Receive Prestigious Award. Alliance for Women in Media (AWM) has announced that Andrea Mitchell, NBC News chief foreign affairs correspondent and chief Washington correspondent, will be honored with the prestigious Gracies Icon Award at the 2024 
Radio One Charlotte, in partnership with Second Harvest Food Bank of Metrolina, is presenting an all-day radiothon today (10/17) to support those affected by Hurricane Helene. This event is taking place from 6:00 am to 7:00 pm across Radio One Charlotte stations: WOSF, WFNZ, WLNK, WPZS, WOSF-HD2 and heritage news/talk WBT. Marsha Landess, Radio One Charlotte regional VP, tells TALKERS, “We are focusing the power of our six radio stations to help raise funds for the relief efforts for our neighbors in the western part of our state. We know their lives have been turned upside down, and we want to do our part to assist them in rebuilding and recovering. Our goal is to raise a substantial amount to help them begin to put their lives back together. Every dollar counts, whether large or small.” Kay Carter, CEO of Second Harvest Food Bank of Metrolina, adds, “Everyone at Second Harvest Food Bank of Metrolina is so grateful to Radio One for all their efforts to assist us as we work to help the many victims of Hurricane Helene. The needs are great, and we want to thank all the radio stations and their listeners for considering a donation to the Radiothon. We promise to use the donations wisely to provide food and other supplies throughout the affected areas.”
Even as its stations were airing hundreds of hours of continuous live news and storm coverage during hurricanes Helene and Milton, Cox Media Group (CMG) was raising nearly $1 million and providing food, water and necessities for impacted people and communities. That includes taking mobile charging stations into communities for people to charge their phones and other devices. Hurricane relief efforts took place across CMG’s southeast TV and Radio stations. “These efforts by our CMG family highlight the indispensable role of our stations – and our entire broadcasting industry – as we work together to make a powerful and positive impact on the communities we live in and serve,” said Dan York, CMG’s president/CEO. “As importantly, none of this would have been possible without the incredible support from our local partners and audiences. The response of our viewers and listeners has been nothing short of remarkable.” CMG radio stations include news/talker WDBO 107.3 / AM 580 in Orlando.
Premiere Networks personality Clay Travis co-hosted “The Clay Travis and Buck Sexton Show” live from affiliate News Radio 570 WWNC in Asheville, NC (10/11). Travis toured the area via helicopter to witness the extensive damage from Hurricane Helene in an effort to continue raising awareness, funds and volunteers for hurricane relief that will be needed for months to come. During the visit, WWNC morning host/news director Mark Starling joined the broadcast for a powerful conversation about the devastation the community has experienced. He detailed how the station covered Hurricane Helene, providing vital information to the Asheville community including coordinating rescue efforts and reuniting families. Starling, who stayed at the station for 14 days straight during the hurricane, said: “…when TV couldn’t do it, the newspaper couldn’t do it, there was nothing online, the only thing left was AM/FM radio. All seven stations stayed on the air simulcasted… we were wall-to-wall…what we wanted to do here at the radio station, at iHeart Asheville, was we wanted to show the community that we can get through this. And we’ve been kind of repeating this line: ‘community is the answer to this crisis.’ …what we have seen is the absolute best in humanity in an absolute horrific, horrific time.” Listen to their full conversation 
Starnes Media Group is hosting a live, six-hour Election Night special for radio stations across the nation.
“The CloakRoom with Former Senator Doug Jones” will air live tomorrow from 6:00 pm – 8:00 pm ET on channel 127. According to company sources, with just a few weeks remaining before the November 5 elections, Senator Jones will engage with Progress listeners, taking calls to discuss the pressing news stories of the day. He’ll also leverage his personal political experience to analyze the key senatorial races, as well as the presidential election. In addition, the former senator will be joined by Julie Chavez Rodriguez, VP Kamala Harris’s campaign manager, as well as a surprise guest. “The stakes in this election could not be any higher,” Jones tells TALKERS. “I can’t think of a better way to talk directly with voters nationwide and have real conversations about the issues at the top of their minds as we head into Election Day. As a regular guest on SiriusXM’s Progress channel, I know they have a passionate audience with a lot of important, fresh subjects to discuss, so this should be a lot of fun.” The show will have its first run live during the usual time slot of “The Dean Obeidallah Show.” 
Keenan coached big time teams in the Soviet Union, Russia, Canada, China, the U.S. and more for over five decades! What does it take to be a leader in the competitive and often cutthroat world of major league professional sports? How have the generations of young athletes changed over this stretch of time? What is the state of sportsmanship in today’s culture? What is it like dealing with the media from a professional sports perspective? How is sports culture different around the world? How is gambling impacting sports? Is hockey enjoying healthy growth as both a sport and a business? These questions and more are tackled in an informative and universally interesting conversation between Harrison and Keenan. Keenan, considered one of hockey’s most controversial and intriguing figures, has just released an autobiography titled Iron Mike: My Life Behind the Bench (Randon House Canada, 2024).
“The Doug Gottlieb Show” will debut on Northeast Wisconsin airwaves, alongside the return of “The Mike Heller Show” to WSCO, while “The Show” continues with host Eric Balkman. Starting October 28, “The Doug Gottlieb Show,” a FOX Sports Radio nationally syndicated program, will air weekdays from 2:00 pm – 4:00 pm. “Our show is so excited to expand our footprint in Wisconsin!” said Doug Gottlieb. “Everywhere I go, people ask where they can hear us…now the answer is WSCO! Let’s go!” Woodward Community Media’s talk brand manager, B.J. DeGroot, shared, “With Doug now serving as head coach for UW-Green Bay Men’s Basketball and continuing his national show, it was essential to bring his voice to sports fans in Northeast Wisconsin.” Additionally, WSCO will welcome back the statewide syndicated “Mike Heller Show,” which will air weekdays from 12:00 noon – 2:00 pm. Heller, a local favorite and graduate of Appleton East High School and UW-Oshkosh, previously hosted the show on WSCO from 2016 to 2019. “The Show with Leo and Balky’ will now be rebranded as “The Show with Balky” following John Leopold’s decision to step back to focus on his sales executive role. Balky will continue as the solo host from 11:00 am – 12:00 noon. DeGroot added, “We are thrilled to enhance our local and regional sports coverage by bringing Doug’s show to our audience and welcoming Mike back to Northeast Wisconsin.”
The station will continue to be heard on 1250 AM. Concurrent with the FM relaunch, the station will introduce two new local weekday shows. “The Pack-A-Day Radio Show” will air weekdays from 8:00 am to 9:00 am CT. Hosted by Green Bay Packers insider Andy Herman, the show will serve as a destination for all things green and gold. Herman currently hosts the “Pack-A-Day Podcast” and “Packer Report.” The station will also launch “The Mason Crosby Show,” starring 17-year NFL kicker, Super Bowl champion and Packers all-time leading scorer Mason Crosby, weekdays from 9:00 am to 11:00 am CT. The show will also feature Mitch “Thunder” Nelles as co-host and veteran producer Tommy Wortz. “We couldn’t be more excited to bring The Fan back to FM and expand the reach of the best sports talk in Milwaukee,” said Jason Bjorson, SVP/market manager, Audacy Madison and Milwaukee. “Milwaukee has long been a premier market for football coverage, and through the addition of ‘The Pack-A-Day Radio Show’ and ‘The Mason Crosby Show,’ coupled with our existing must-listen programming, we’re elevating the listening experience and keeping fans connected to their favorite teams.” The station’s weekday lineup rounds out with “The Jim Rome Show” from 11:00 am to 2:00 pm CT and “Wisconsin Sports Daily” with station APD Steve “Sparky” Fifer from 2:00 pm to 5:00 pm CT.
According to a report in The Forum, Fieldstone Group, which owns Fargo heritage radio station “The Flag” at AM 1100 / FM 92.3, is planning to purchase WDAY Radio from Forum Communications, owner of WDAY-TV and The Forum. In November 2020, Fargo-based Fieldstone Group began managing WDAY. If the sale is approved by the FCC, Fieldstone will own the 102-year-old AM radio station, its online properties, social media accounts, and transmitter/tower site. Terms of the sale were not immediately disclosed by the buyer or the seller. “We are thrilled to see this day arrive,” said Steve Hallstrom, president and managing partner of Fieldstone Group. “We thank the Marcil family and the leaders and staff of Forum Communications for a great partnership these last four years. WDAY Radio has always had a tradition of serving the community with great news, weather, ag, and sports and we’ve enjoyed the journey of growing those elements with the help of our friends and partners at Forum Communications.” Hallstrom said it’s been important to have WDAY Radio “serve the community with quality local programming from sunrise to sunset, which is becoming a rarity in our business. I also want to thank our listeners for their loyalty and the many local businesses and organizations that have trusted us with their advertising and marketing dollars.” Fieldstone Group also owns KTGO “The Flag” in Tioga, N.D, at AM 1090 and FM 92.7, three stations in Grand Rapids, Minn: KOZY 1320 AM / 93.1 FM, KMFY 96.9 FM and KBAJ 105.5 FM; and The McKenzie County Farmer newspaper based in Watford City, N.D. “WDAY Radio is North Dakota’s longest-serving broadcast operation,” said Scott Hennen, VP/partner of Fieldstone Group and general manager of WDAY Radio from 2001-2009. “It is an honor to take ownership of this iconic community source of information.”
language sports network FOX Deportes. It will also be available in podcast form via FOX News Audio. Ahead of the debut, FOX News Digital will launch a Spanish-language version of the FOXNews.com website beginning today which will be machine translated. Campos-Duffy comments, “I am beyond grateful for the opportunity to host ‘FOX Noticias.’ As the fastest-growing electorate, accounting for nearly 20% of the population, the Hispanic American community is thriving, and I am proud to bring a new show that breaks down the news of the day with a focus on the kitchen table issues that matter most to our community.”
Storm specialist Mike Seidel is currently reporting from Madeira Beach, FL while correspondent Robert Ray is in Fort Myers Beach, FL. On Tuesday, Seidel will report from St. Petersburg, FL with Ray remaining in Fort Myers. FOX Weather will also deploy meteorologists Britta Merwin and Steve Bender to Sarasota, FL, Bob Van Dillen to Tampa Bay and Haley Meier to Daytona Beach, FL while meteorologists Michael Estime, Craig Herrera, Ari Sarsalari, Ian Oliver and Kiyana Lewis will anchor coverage from FOX Weather headquarters in New York. FOX Weather hurricane specialist Bryan Norcross will also provide continuous updates from New York. FOX Weather Digital will provide comprehensive coverage of Hurricane Milton, available 24/7 on FOXWeather.com and in the FOX Weather app, including the exclusive Hurricane HQ tab. FOX Weather Digital will include leading meteorological analysis, exclusive expertise from Norcross, coverage from all FOX Weather field resources and related content of every angle related to US impacts of the storm.
With its state-of-the-art technology capabilities that includes satellite and IP distribution and live sports production, the company is available to offer additional services to those in need. “At Skyview Networks, our top priority is the safety of our partners and the continuity of their operations,” Aaron Mellis, VP, business services, Skyview Networks tells TALKERS. “With Hurricane Milton approaching, our team is fully prepared and ready to step in with services to support our clients’ needs, ensuring they are met seamlessly.” For inquiries on extended services in preparation of Milton, please contact 
According to the company, after over four decades of distinguished service in the radio industry, Lohman will continue to provide his expertise to iHeartMedia in a consulting role. Lohman leaves behind a legacy of dedication, growth, and commitment to the radio industry and the Alaskan and Hawaiian communities. His tenure has been marked by outstanding leadership, innovative strategies, and commitment to fostering excellence within the organization. His career in radio began after a summer vacation to Alaska in June 1981, after graduating from Duke University. His first jobs in the state included a fish processor and roughneck at Prudhoe Bay. By October 1982, he started in radio sales, beginning a long and impactful journey in broadcasting. Reflecting on his career, Lohman said, “It’s been an absolute blast. Radio is truly an incredible industry that drives our economy and connects communities, and I’ve had the privilege of witnessing its evolution firsthand. Finishing my career with iHeart has made the last decade the best chapter of my career.” Dan Lankford, iHeartMedia division president, expressed his appreciation for Lohman’s contributions, saying “It’s been a privilege working with Andy the last five years. He has successfully led his team in growing both revenue and ratings. As he steps into his much-deserved retirement, we celebrate his many achievements, thank him for his years of service and look forward to him continuing in his new advisory role.”
As most readers of TALKERS magazine know, dedicated and alert radio stations rise to the occasion of abundant vigilance and public service in providing their communities with vital information and support during natural disasters. Such has been the case with Hurricane Helene and the same thing will take place as Hurricane Milton threatens Florida and the East Coast.