Smoke and Mirrors: Fair Use Lessons from Pop Smoke and Bruno Mars
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
The intersection of copyright and fair use remains a gray area for media creators, especially in music. Two cases – Pop Smoke’s use of an interview clip in “Tunnel Vision (Outro)“ and Bruno Mars’ use of a voicemail from Halle Berry in “Calling All My Lovelies“ – offer crucial lessons. While one led to legal action, the other was resolved without litigation, underscoring the importance of understanding copyright laws when using external audio.
The Pop Smoke Case: Unpermitted Use Leads to Legal Action
In 2020, journalist Victoria Inoyo sued Pop Smoke’s record labels, alleging they used a 16-second interview clip without permission. She sought $1.5 million in damages, credit as a writer, and a share of publishing revenue. The case was settled out of court, but Inoyo was not credited as a songwriter. This highlights the importance of obtaining permission before using recorded speech, even if it features an artist discussing themselves.
The Bruno Mars Case: A Voicemail Used with Permission
Bruno Mars featured a voicemail from actress Halle Berry in “Calling All My Lovelies“ from his 2016 album “24K Magic.” The voicemail added a playful and personal touch to the song, and because Berry gave explicit permission for its use, no legal issues arose. This highlights the importance of obtaining proper authorization when incorporating third-party audio.
Key Takeaways for Media Creators
1. Copyright Still Applies to Spoken Word – Just because audio clips discuss an artist does not mean they are free to use.
2. Fair Use is Not a Guarantee – Using spoken-word content in a transformative manner does not automatically qualify it as fair use.
3. Seek Permission When Possible – Negotiating proper licensing before using copyrighted speech can prevent legal disputes.
4. Personal vs. Third-Party Audio – Bruno Mars’ use of Halle Berry’s voicemail did not lead to litigation, demonstrating how securing consent can help avoid legal issues.
For media creators, these cases illustrate the need for careful legal consideration. Proper permissions and clear transformative intent can mean the difference between a seamless creative process and a costly legal battle.
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
To say that I am excited about the forthcoming Intercollegiate Broadcasting System (IBS) conference coming up in New York City on Friday March 7 and Saturday March 8 is an understatement. I am proud that TALKERS has taken on the role of “presenting sponsor” of the entire event and that this year’s iteration of the annual “TALKERS” conference will be taking a unique and groundbreaking turn toward the future of radio-oriented broadcasting within the context of the industry’s leading youth-oriented gathering.
If professional radio is truly concerned about an aging audience and a deteriorating “farm system” from which to recruit new talent, it’s time to connect with the largest concentration of young broadcasters and listeners found on the planet in America’s dynamic campus radio station and communications department scene.
WGN AM 720, Chicago today (2/5) announced a multi-year extension with morning show host Bob Sirott who is heard 6:00 am to 10:00 am weekdays. “Management has given me a terrific on-air and behind-the-scenes team, plus freedom to do whatever I want,” Sirott tells TALKERS. “That’s why waking up at 4:30 am is fun now. Actually…that last line is a lie.” Sirott has been the station’s morning drive host since 2020. The station reports, listeners can expect to hear hyper-local stories along with news and conversations related to health, tech, business, travel, entertainment, lifestyle, and where to find the best Chicago-style hot dog. “Bob’s work ethic, focus and character is the stuff of legends in the broadcast industry,” said WGN Radio vice president and general manager Mary Sandberg Boyle. “He’s an excellent communicator and continues to strategically engage and connect with the WGN Radio audience daily. Bob is one of the best in the business and we’re proud to have him as part of the WGN Radio team.” Generations of Midwesterners have grown up with lifelong Chicagoan Bob Sirott whose acclaimed broadcast career spans five decades as a radio host, DJ and television news anchor. Sirott is a national Emmy award-winning journalist who received a 2022 Dante Award from the Joint Civic Committee of Italian Americans and a 2022 Silver Dome Award from the Illinois Broadcasters Association.
Cumulus Media today (2/5) announced the promotion of Yancy McNair to senior vice president of engineering, effective April 1. McNair will oversee Engineering, Telecom, Real Estate, and Purchasing for the company, and will report to chief financial officer, Frank Lopez-Balboa. McNair, a 21-year veteran of Cumulus Media, rises from his role as VP of technical operations. He assumes leadership responsibilities from Conrad Trautmann, chief technology officer, who will retire at the end of March 2025 after a successful 25-year career with Cumulus Media.
Louisville Public Media (LPM) has announced (2/4) that it is launching a new talk show, “On Track” – a new three-day-a-week, 30-minute interview-based show, on February 10. “On Track” will air Monday-Wednesday at 6:00 pm on WFPL, Louisville between “All Things Considered” and “Marketplace,” two of NPR’s flagship national news programs during core listening hours. It will also be available as an on-demand podcast. The interview-driven show is set to dive into the issues shaping Louisville and Southern Indiana. LPM sources tell TALKERS, “In an effort to amplify and deepen the conversation around the biggest topics in our community, the show will connect with public officials, community leaders and everyday people about the challenges and triumphs happening in Louisville and Southern Indiana. It will work to keep the civic conversation ‘on track.’ Its host, veteran broadcast journalist Ayisha Jafer will explore topics with people from across our diverse community that challenge the traditional sound of public media. Scheduled topics include: the state of downtown Louisville, the loneliness epidemic, business development and its impact on neighborhoods, finding love in Louisville, how the pronunciation of Louisville came to be and more.” With the addition of “On Track” to WFPL’s on-air schedule, some programs will shift. “Marketplace” will now air Monday-Friday at 6:30 pm. “Today Explained” will move to Thursday and Friday at 6:00 pm.
As the excitement builds for Super Bowl LIX, Audacy has positioned itself to be the “go-to audio home” for football fans nationwide. With flagship stations 96.5 The Fan (KFNZ-FM) in Kansas City and Sports Radio 94WIP (WIP-FM) in Philadelphia, the company is set to provide fans with in-depth analysis, exclusive interviews, and live play-by-play coverage of the big game on February 9. Additionally, six Audacy sports stations and Audacy’s newly launched BetMGM Network will broadcast live from the radio row, to provide listeners the latest updates, expert insights, and exclusive interviews throughout Super Bowl week. And with Westwood One’s national broadcast on 20 Audacy sports stations, the plan is for fans across the country not to miss a moment. Audacy tells TALKERS, “Whether on the air or on the free Audacy app, listeners can tune in for every snap, every score, and every story leading up to and following Super Bowl LIX.” Please click 
Bonneville Phoenix announced 1/30 that longtime employee Erin Maloney has been named program director at Arizona Sports 98.7 (KMVP-FM) and ESPN 620 (KTAR-AM). “From starting as an intern in 2012 and growing into leadership roles throughout her career, no one is more passionate about our sports brands than Erin,” said Bonneville Phoenix SVP/MM Ryan Hatch. “She is so well respected by everyone in the market, and we are very excited for her to take this next step.” “I’m truly honored to step into the role of program director of Arizona Sports,” said Maloney.
“Working alongside the best in the business is not just a privilege, it’s a dream come true. I look forward to leading an exceptional team of talented individuals who consistently set the standard for excellence in the industry and taking Arizona Sports to new heights.” Maloney most recently served as APD and will replace programming veteran Brian Long who recently returned to Southern California to be with his family and program iHeart’s KFI AM 640, as well as KLAC-AM and KEIB-AM. Arizona Sports is the flagship station for the Arizona Cardinals, Phoenix Suns, Arizona Diamondbacks and Arizona State University football and basketball.
SmileyAudioMedia, Inc. announced today (1/31) that its flagship Los Angeles-based radio station, KBLA Talk 1580, will launch year two of its Climate Justice work. This $2 million, 12-month campaign will link and combat the relationship between climate change and poor health outcomes for African Americans, other people of color, and the poor. The campaign was recently named a national semifinalist for the American Climate Leadership Awards 2025 by ecoAmerica. Climate inequities have taken a toll with multiple health triggers in the Black community, such as extreme heat and poor air quality, made worse by the recent wildfires.
After the first White House press briefing by the youngest presidential press secretary in history, the calls, emails and texts keep flowing in to me about Karoline Leavitt.
Back in 2022, we were at a client remote, and the owner told me he wanted to introduce us to this young lady who had been a White House aide near the end of Trump’s term. “She is going places,” our client told us.
optimize operations, and deliver even more value to advertisers and content creators alike. Additionally, by leveraging ART19’s advanced tools for dynamic ad insertion, PodcastOne can implement programmatic advertising and direct sponsorship integrations. PodcastOne president and co-founder Kit Gray states, “We’re not only ensuring the stability of our current monetization streams but unlocking new growth opportunities by leveraging ART19’s cutting-edge technology and advertising opportunities. This move underscores our commitment to innovation and delivering exceptional value to our talent, advertisers, listeners and shareholders.”
managed Cumulus’ Shreveport and Bossier City, Louisiana stations. Welling takes over for the retiring Chris Monk. Cumulus president of operations Bob Walker says, “We are thankful to Chris for the strong foundation he has built for our clusters in Flint and Saginaw and wish him all the best in his retirement. As we look to the future, we are excited to welcome Cody back to Cumulus to take our powerful brands to the next level. Cody is a passionate broadcaster who is dedicated to helping local businesses connect with our audiences and fully leverage the opportunities our traditional and digital assets provide.”
platforms that emphasize conversation and create a sense of connection. To win with this community who wields $2 trillion in buying power, brands must prioritize engagement strategies that center diverse Black experiences and cultural nuances.” The study notes that social media apps have become a haven for Black consumers – Black adults overall spend more time scrolling than their peers. Black millennials (between 18 and 34-years-old) spend the most time on social media among all adults by almost an hour per week. Black adults also have high engagement with radio and podcasts. Radio averages the same as TV in weekly reach with Black adults – each medium reaches 27 million Black adults on average. 
international nonprofit relief organization Foor for the Poor’s podcast, “Beyond the Plate.” Gallagher is feted for the philanthropic spirit and the millions of dollars raised by him and his listeners – inspired by his late wife, Denise. Salem Radio Network VP/news & talk programming Tom Tradup states, “In addition to being one of America’s best talk show hosts, Mike Gallagher is literally second to none in tapping the generosity of his nationwide audience in fighting hunger and malnutrition by generating donations to nonprofits like Food for the Poor.” 
which is 19.6% of adults planning a new vehicle purchase. Among heavy radio listeners (those that listen more than 3 hours a day), that number jumps to 30%. That’s 53% stronger than the general market.” Forester says that podcasts are also a good genre for auto advertising. He says, “The multi-media analysis by The Media Audit revealed podcasts captured the interest of 30.1% of adults 18+ planning to buy a new vehicle in the next 12 months… 53% higher than the general market. Audio streaming does well at 22.7%… 16% higher than the general market” Forester concludes, “Automotive advertisers have a tremendous opportunity to leverage radio’s ability to connect with ready-to-buy consumers. Our data shows that radio not only drives awareness but also inspires action, making it an essential part of any automotive advertising strategy.”
advertising and marketing solutions to their expansive customer base, which importantly exists in markets that do not compete with ours. Our expertise is coaching and training high-performing broadcast sales teams to leverage our proprietary programmatic advertising platform and data-driven insights to deliver exceptional results for their clients. By sharing our proven strategies and dynamic approach, we look forward to helping Steel City strengthen their digital capabilities, driving growth and measurable success for their clients.” Steel City Media vice president Michael Frischling comments, “We are excited to partner with Townsquare Ignite in both of our markets. Townsquare has the best digital solutions in the radio industry and a proven track record of delivering great results to clients.”
December 30 to January 19 and aims to leverage its on-air reach to help a local business brand, rebuild, or grow. Audacy Chicago VP of sports programming Mitch Rosen says, “This contest and promotion embodies everything ‘The Score’ truly stands for: live, local sports and, most importantly, the community. From the hundreds of entries we received, we know how important it is for the community to support local businesses. We’re excited to spotlight Heritage and share their story to help them grow and expand their business. Given the massive audience the game attracts on ‘The Score,’ our goal is to leverage every platform to maximize exposure for the restaurant.”
Washington Commanders and the Philadelphia Eagles begins at 2:00 pm ET and features Ian Eagle handling play-by-play, Kurt Warner as color commentator and Ross Tucker as sideline reporter. Coverage of game two between the Buffalo Bills and Kansas City Chiefs begins at 6:30 pm ET with Kevin Harlan providing play-by-play, Devin McCourty as color analyst and Derek Rackley as sideline reporter. 
City. Cumulus Media chief content officer Brian Philips states, “Pete has risen to stardom quickly with his on-air performance and innovative program architecture in Kansas City. Pete is among our most dynamic leaders, in ANY format. It also matters that Pete is Bill Hess’ hand-chosen successor, as Bill returns to oversight of our news/talk flagship WMAL, in the nation’s capital. Bill has served with distinction in this corporate role, and Cumulus news/talk is positioned for continued success under Pete’s leadership.” Mundo comments. “I’m thrilled for the opportunity to join the content leadership team at Cumulus and am grateful for the confidence that the company has shown in me. Learning from Bill Hess in recent years has been a terrific way to make the transition seamless. The news/talk format is changing rapidly but remains dominant in the audio industry. The format has exceptional upside during this transitional political period, as people continue to seek news and information about their cities, states, and country. I am eager to work with my fellow news/talk programmers across the nation to make our brands stronger.”
acquisition of AMFM, took on an EVP role at Premiere Networks. He was the president of the fledgling liberal talk radio company Air America and joined Westwood One after Air America shut down in 2006. TALKERS publisher Michael Harrison states, “This is a devastating loss to the radio industry. I had the privilege of working with Gary all the way back to my music radio days when he was a young executive at the old MJI Broadcasting with major industry players like Julie Talbott and Josh Feigenbaum in the early days of our careers. He has subsequently worn a number of key management and entrepreneurial hats in the business – all reflecting his dedication to professionalism and quality. He was very well liked and respected by broadcasters on both sides of the Atlantic. He will be missed.” A service will be held on January 26, 2025 at Riverside Memorial Chapel at 180 West 76th Street, New York, NY 10023. In lieu of flowers, the family requests donations be made to the American Foundation for Suicide Prevention in Gary Krantz’s memory.
“love notes” via the Audacy app’s voicemail feature beginning next month. In March, KYW Newsradio will feature “60 Voices” from the Philadelphia area, with quotes from local community organizers, business leaders, celebrities and hometown heroes, sharing why they love living in the Delaware Valley. Audacy SVP and market manager David Yadgaroff says, “Local radio is vital more than ever, and it’s a privilege to work at a media outlet so connected to this region. For generations, Philadelphians have turned to KYW for everything from breaking traffic updates to complex international headlines. When I walked in the door as an account executive in 1992, I was so excited to work at KYW Newsradio. That sense of pride has only grown and intensified. I’m in awe of our team and their impact on the community, and we’re excited to dedicate this year to those who have devoted their lives to reporting the facts.”
management background and expertise complement the diverse strengths and wide-ranging capabilities of our existing board, and we are excited to leverage his vision and insights to drive growth and capitalize on new opportunities.” Galbraith is currently a managing member of Kindred Capital Advisors LLC, and is among the largest shareholders of Cumulus through his personal holdings and those held through Kindred.
have had the privilege of working at the FCC for over a dozen years now, including serving previously as the agency’s General Counsel, and I am humbled by the opportunity to lead the FCC. The FCC has important work ahead – on issues ranging from tech and media regulation to unleashing new opportunities for jobs and growth through agency actions on spectrum, infrastructure, and the space economy. We will also advance America’s national security interests and protect consumers. I am eager to accelerate the FCC’s work on these and other fronts. I look forward to collaborating with the Trump Administration, my Commission colleagues, and the FCC’s talented staff as well as Congress to deliver great results for the American people.”
revenue will be between $117 million and $119 million. Company CEO Bill Wilson adds, “As anticipated, our digital divisions had a very strong fourth quarter, as Townsquare Interactive returned to year-over-year revenue growth, and Digital Advertising net revenue accelerated to year-over-year growth rates in excess of +15%, helped by national digital advertising returning to revenue growth together with ongoing strength in our digital programmatic business. In total, we expect fourth quarter Digital revenue to increase approximately +11% year-over-year, and represent 52% of Townsquare’s net revenue in 2024, a true point of differentiation from others in local media, as we have evolved from a local broadcast radio company that was founded in 2010, to a Digital First Local Media Company with a world class team and a unique and differentiated strategy, assets, platforms and solutions.”
Francisco. iHM region president AJ Punjabi says, “Alan’s deep experience in both traditional broadcast and digital audio innovation makes him the ideal leader to drive our business forward. His results-driven approach and commitment to client success will strengthen our market leadership across platforms.” Hirschbein comments, “I’m energized to join iHeartMedia’s tremendous leadership team as vice president of sales. As the enduring leader in broadcast radio, iHeartMedia has also transformed itself into a dynamic force in podcasting and digital audio, standing at the forefront of audio innovation. I’m eager to contribute to this continued evolution and help our partners harness the unmatched reach and engagement that only iHeartMedia can deliver.” 
Antonio radio operations. Cox Media Group EVP of radio Rob Babin comments, “It’s always rewarding to promote from within CMG. I’m confident that David’s experience and expertise will help us achieve new milestones and drive our vision forward while we work daily to serve our audiences, clients, and talented employees at CMG Atlanta.” Abel says, “My journey with Cox Media Group started nearly 25 years ago, and it has been a privilege working alongside the many talented and dedicated team members in San Antonio and throughout our company. I am looking forward to working with CMG’s flagship radio brands and serving our team, listeners, customers, and communities throughout Atlanta.”
The Supreme Court ruled against TikTok today (1/17), rejecting the social media company’s First Amendment challenge to the law that effectively bans it in the United States starting on Sunday. The unanimous decision came a week after the justices heard a First Amendment challenge to a law aimed at the wildly popular short-form video platform used by 170 million Americans that the government suspects could be influenced by China. The decision may deal a death blow to the U.S. operations of the exceedingly popular app, which delivers short-form videos that are a major source of information and entertainment to millions of Americans, especially (but not exclusively) in the younger demos. “There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement and source of community,” the decision said. “But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary.” This ruling obviously comes with a boatload of First Amendment implications and will add even more fuel to the fiery debates unfolding in the talk media sphere about the application of “free speech” and First Amendment Constitutional principles in the heightened environment of misinformation stirred up by the digital era.
“Cousins, being on radio again, playing the best music, and connecting with listeners is as exciting for me now as it was in 1964,” said Morrow. “The magic of radio, the beauty of theater of the mind is unduplicated. I’m looking forward to the fun we’re going to have on radio stations across America!”
iHeartMedia announced today (1/17) that Joyce Wirthlin has been named market president for Salt Lake City, effective immediately. iHeartMedia Salt Lake City is home to six iconic stations featuring music, talk, and news formats on both broadcast and digital platforms. In her new role, Wirthlin will oversee all aspects of operations in Salt Lake City, including sales, promotions and programming. She will report to Nick Gnau, division president for iHeartMedia. “I am very excited to have Joyce leading this team in Salt Lake City. Since the day I started working with Joyce, I was impressed with her leadership, the culture she has built with her team and the deep knowledge of the market. I have no doubt that she will propel this team to the next level!” Gnau tells TALKERS. Wirthlin joined the company in 1998 as VP of Sales. Over the years, she advanced within the organization. Most recently she served as the SVP of sales, where she played a pivotal role shaping sales strategies, fostering team development and strengthening the company’s presence in the market. “I am deeply honored to be appointed market president of iHeartMedia Salt Lake City and grateful for the trust placed in me to lead this exceptional team,” said Wirthlin. “The people here are the core of our success. Together, we are eager to build upon our achievements and continue to shape the future of media in Salt Lake City.
In this role, Cahill will oversee the station’s content strategy, talent, operations and branding. He will continue to serve as assistant brand manager of 106.7 The Fan (WJFK-FM) and executive morning show producer. “Matt’s creativity, love for sports and commitment to evolving the brand makes me confident that he will be a great brand manager for The Team,” said Ivy Savoy-Smith, SVP / MM, Audacy Washington D.C. 
“Those that have worked with Matt know his dedication to creating a positive working environment and we’re excited to see how he leads the internal team while increasing external traffic for the station.” “I’m absolutely thrilled to lead Team 980 into the future with our outstanding group. The Team has a storied history and to be given this opportunity is humbling,” said Cahill. “I’m very thankful for the guidance and trust that Chris Kinard and Ivy Savoy-Smith have given me. We have great on-air talent talking about issues that matter to D.C. sports fans, and the potential for The Team 980 brand is unlimited.” Cahill was named assistant brand manager of 106.7 The Fan (WJFK-FM) in 2019 and took on the same responsibilities for The Team 980 in 2021. He has also served as EP of 106.7 The Fan’s “The Sports Junkies” morning show since 2012. Cahill began his radio career at CBS Radio Phoenix in 2006 before joining WJFK-FM as a Producer in 2007.
Along with restructuring, WVON is ending months of speculation on who will be replacing veteran talk show host Perri Small who retired last November. WVON has tapped former politician Jesse Jackson, Jr to host its afternoon drive show. “The Jesse Jackson Jr Show” will air Monday through Thursday from 3:00 – 6:00 pm. This is Jackson Jr’s first foray into broadcasting (with support via the syndication arm of Tavis Smiley‘s Smiley Audio Media). He previously served as a U.S. Representative of Illinois’ 2nd Congressional District from 1995 to 2012. WVON’s current afternoon host, Atiba Buchanan, has agreed to continue his involvement at the station and his new role will be announced shortly. 
WVON has chosen Cleopatra Draper to replace midday host Perri Small for its coveted midday slot. Draper has worked in various capacities at WVON since 2019 including as a fill-in host. She holds a master’s in social work from the University of Illinois Chicago and has a passion for getting young people involved socially and politically in community-building. Draper’s show will air weekdays from 9:00 am-12:00 noon. In addition, WVON’s long-time host Matt McGill will be expanding his show to air weekdays from 12:00 noon until 3:00 pm, while Lynn Richardson’s hourly financial show “The Millionaire’s Roundtable” is being moved to 5:00 am as a lead-in to WVON’s morning drive show, “The Rufus Williams’ Show.” This begins a new era of talk radio for Chicago’s Black talk powerhouse which has been among the national leaders of this format since 1986. “We feel our new lineup is optimal for the changes that are occurring in our country and globally,” said company CEO, Melody Spann Cooper. “To have an opportunity to provide a platform for someone as talented as Jesse Jr and to introduce the station to a new generation of thought leaders with Cleopatra, positions WVON to continue to shake things up in Chicago and beyond.” WVON-The Talk of Chicago has established itself as one of Chicago’s premier content providers. For 61 years, the station has been considered one of the most credible African American media institutions in the nation providing an interactive forum for its vast listening audience to discuss social, economic and political issues that impact the Black community locally and nationally. WVON is a subsidiary of Midway Broadcasting Corporation, whose properties also include WRLL Radio and VONtv.