Industry News

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

The aftermath of the presidential election and President-elect Donald Trump’s potential cabinet appointments; speculation over Trump’s promised migrant deportation; Wall Street’s ongoing post-election rally; the rise in anti-Semitic activity in the U.S. and Europe; Trump’s expected pardons for January 6 convicts; and the Veterans Day holiday were some of the most-talked-about stories in news/talk media yesterday, according to ongoing research from TALKERS.

Industry News

Major iHeartMedia Talk Radio Cost Cutting Personnel Changes Across the Nation

The West Coast’s highly popular talk radio “power couple,” Robin Bertolucci and her husband Don Martin have stepped away from their longtime positions with iHeartMedia Robin(11/8) – Bertolucci as program director of heritage giant KFI AM 640, Los Angeles and Martin as EVP of programming, iHeartMedia Sports (which includes FOX Sports Radio) and PD of sports talk AM 570 KLAC, Los Angeles.After nearly a quarter century of exemplary service in these positions,Don Martin the ambiguous terms cited for the couple’s simultaneous departure do not mask the general industry observation that they were direct victims of the national radio cutbacks being affected by iHeartMedia as severe cost-cutting measures.  Chris Berry, iHeartMedia EVP of news, will assume the role as interim program director of both KFI and KLAC.

 

In the New York City market, the morning team of generalist Michael Riedel and sports talker Len Berman has met a similar fate at the legendary AM 710 WOR.Len Berman Michael Riedel Included in the cut – their show’s producer Terry Trahim, after more than 20 years of service to the station.

 

Multi-talented Scott Sands, Scott SandsiHM SVP of programming for the Ohio-West Virginia area and PD /afternoon host of WSPD, Toledo has also been let go.

 

 

Joe Pags impacted. Joe Pags In San Antonio, although he remains one of the most successful syndicated hosts in American talk radio with a rapidly growing roster of more than 170 stations coast to coast, Compass Media Networks star Joe “Pags” Pagliarulo‘s local highly-rated afternoon show of 19 years at his flagship WOAI (where he is a market legend) has been dropped from the lineup as a cost-cutting measure. Pags is one of talk radio’s most notable rising stars and will undoubtedly be okay – but his departure from WOAI is indicative of the wrecking ball nature of these types of budget-cutting measures.

 

There are more cutbacks being reported at iHM stations throughout the industry.

TALKERS publisher Michael Harrison states, “It is a dark moment in talk radio when the cutback ax falls on such good people who have devoted so much precious time, talent, and loyalty to their company, this industry and our professional community.  I’m in no position to tell companies how to run their businesses and protect their embattled assets in times of financial distress… but on a human level – not to mention in recognition of the fragility of this historic cultural scene to which we all contribute and hold an emotional stake – it’s downright heartbreaking.”

To see a recent interview with Joe Pags conducted by Michael Harrison on the video podcast “Up Close Far Out,” please click here.

Industry News

IHeartMedia Names Lisa DiMartini President for Allentown and Reading

iHeartMedia announced today (11/11) that Lisa DiMartini has been appointed market president for the Allentown and Reading markets, effective immediately. Lisa DiMartiniThe iHeartMedia Allentown and Reading markets include seven iconic station brands across both broadcast and digital formats, offering a diverse lineup of music, talk and news programming. In her new role, DiMartini will oversee sales, programing, promotions, and operations for both the Allentown and Reading markets. She will report to Brit Goldstein, president of the iHeartMedia Mid-Atlantic area.  “Lisa is the consummate professional –  unflappable, positive, and centered.  She has rejuvenated the Allentown market with her unique approach to fostering culture and partnerships,” said Goldstein.  “I’m very excited to see Lisa apply her business principles to the Reading market and beyond.” DiMartini most recently served as the VP of sales for iHeartMedia Allentown, where she played a pivotal role in driving growth and fostering innovation. Prior to that, she served successfully as account executive for iHeart Allentown. Her career began at The Morning Call in Allentown and she is a graduate of Millersville University.  “I am honored to expand my role to lead both the Allentown and Reading markets,” DiMartini tells TALKERS.  “I look forward to working with the talented teams in both locations to drive continued success and growth while delivering value to our partners and listeners.”

Industry News

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

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

Industry Views

CLIPPING JUSTICE: Fair Use in Media Creation

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

imLet’s continue our ongoing series of articles about fair use. A recent case highlights fair use considerations in audio media and podcasting, particularly concerning music and short audio clips used in intros, where some creators assume that brief snippets automatically qualify as “fair use.” Legal experts clarify that using a song clip, even if brief, doesn’t inherently meet fair use criteria. Courts have emphasized that fair use hinges not just on brevity but also on factors like purpose, nature, and market impact on the original work. Music clips, even short ones, are often seen as significant portions of the original content, carrying substantial value, making unauthorized use in podcasts or similar formats legally risky.

The concept of “transformative use” is crucial in fair use evaluations; content must add new meaning or context to the original rather than simply reformatting it. For instance, the landmark 2 Live Crew case involving their parody of Roy Orbison’s “Pretty Woman” underscored that transformative uses might still face challenges if they impact the original’s market value. This demonstrates that merely placing music in a new setting doesn’t automatically render it transformative.

To mitigate risks, media creators often incorporate shorter clips alongside commentary or critique, which tends to align more closely with fair use. Collaboration or seeking permissions can often be a more practical approach to using impactful content without risking costly legal disputes. Legal sources, including Loeb & Loeb, emphasize that while fair use is an evolving area, obtaining permissions—or using royalty-free alternatives—is often the most straightforward route for creators.

A recent example in Thiccc Boy Productions v. Swindelle illustrates these principles in action. Swindelle, a YouTube creator, used clips from Thiccc Boy Productions’ podcast, hosted by Brendan Schaub, in his reaction videos, asserting a fair use defense due to added commentary. The court ruled in Swindelle’s favor, noting his commentary was transformative and unlikely to harm the original podcast’s market. This decision aligns with trends following Warhol Foundation v. Goldsmith, which clarified that “transformative” uses must contribute clear commentary or critique to meet fair use standards rather than merely repurposing the original.

For today’s media creators, consulting legal guidance before integrating copyrighted material is crucial as copyright law adapts to new digital contexts.

Media attorney, Matthew B. Harrison is VP/associate publisher, TALKERS; Senior Partner, Harrison Media Law; and executive producer, Goodphone Communications.  He is available for private consultation and media industry contract representation. He can be reached by phone at 724-484-3529 or email at matthew@harrisonmedialaw.com

Industry News

TALKERS News Notes

BFoA Launches Annual Year-End Giving Campaign For Donations to Help Colleagues in Need.  imThe Broadcasters Foundation of America has launched its annual Year-End Giving Campaign, which seeks to raise donations from tax-deductible personal contributions to the Guardian Fund and corporate contributions to the Angel Initiative. The Broadcasters Foundation, a 501c3 charity, is the only charity devoted exclusively to helping colleagues who are in dire need of monthly or emergency financial assistance due to life-altering illness or a disaster. “We are devoted exclusively to providing aid to colleagues in broadcasting who are suffering from extreme illness, or hardship from a devastating disaster,” stated Tim McCarthy, president of the Broadcasters Foundation. “We also take care of colleagues who have retired. Grants are supported solely by contributions from individuals and companies within our industry and offer a ‘hand-up’ to our colleagues during trying times. We’re asking everyone in broadcasting to please consider including the Broadcasters Foundation in your 2024 charitable giving.”  Over the past 20 years, the Broadcasters Foundation has distributed over $15 million in aid to colleagues nationwide, across all states and territories, who need it most. “Requests for aid continue to grow exponentially as more of our peers and their families are affected by severe illness or disasters, such as the recent flurry of destructive hurricanes,” explained Scott Herman, chairman of the Broadcasters Foundation. “Whether it’s a monthly grant or one-time aid in response to an emergency, the Broadcasters Foundation is often a refuge and beacon of hope for colleagues whose lives have been upended by unforeseen and tragic circumstances. Please consider a donation. Donations go directly to helping our colleagues who are in desperate need.”  For more information about the Broadcasters Foundation, including how to apply for aid or make a donation, visit www.broadcastersfoundation.org, or contact 212-373-8250 or info@thebfoa.org.

 

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

Talk Radio Shines with Election Night Coverage

im

It was a late night of extra duty for radio talk show hosts as stations and networks across the nation garnered their human and technical resources to provide listeners with accurate news and insightful analysis of the unfolding drama of Election Night in America. In many cases, coverage was provided by panels of air staffers, contributors and special guests gathered in central studio locations and supplemented by remote audio and video call ins.  Some stations sent their talent to electoral hot spots for live remote reports. Local talk show hosts from the battleground states enjoyed extra exposure making multiple appearances as guests on other shows and platforms around the nation.  Syndication networks used the event effectively to showcase their talent lineups.  And the “special” nature of these programs created a wide variety of advertising package opportunities for radio sales departments locally and nationally. In the broader arena of talk media, a number of popular political YouTube channels from both the left and right also put their best efforts into covering the news and views of one of the most anticipated nights in U.S. election history.  As TALKERS publisher Michael Harrison put it, “Talk radio and its YouTube and podcasting cousins took a back seat to no one – specifically the major TV networks – in their determination to provide their loyal audiences totaling millions of the most politically active citizens with the news and views that make their collective platforms the most accurate bellwether of American public opinion in the media today.”    Pictured above: Election Night coverage live from the state-of-the-art WABC, New York audio/video “Studio 77.”  Shown (l-r) George Pataki, former New York State governor; Judge Richard Weinberg, co-host of “Let The Record Show;” Rita Cosby, host of “The Rita Cosby Show” and co-host of “Cats & Cosby;” John Catsimatidis, owner of Red Apple Media and WABC, host of “The Cats Roundtable,” and co-host of “Cats & Cosby;” Anthony Weiner, former U.S. Representative, host of “The Middle with Anthony Weiner,” and co-host of “The Left Versus The Right;” Paul Stone, CEO of Colonial Metals Group and economic contributor to WABC Radio; and David Patterson, former New York State governor and political contributor to WABC Radio.

Industry News

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

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

Industry News

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

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

Industry News

Jonathan Peterlin Named as Afternoon Show Co-host on 92.3 The Fan (WKRK-FM), Cleveland

The Fan GraphicAudacy names Jonathan Peterlin (pictured above right) as afternoon show co-host on 92.3 The Fan (WKRK-FM) in Cleveland. Peterlin will join co-host Nick Wilson (above left) and be heard weekdays from 2:00 to 7:00 pm ET. Peterlin had previously served as the station’s evening host since 2022.  “We believe Jonathan’s addition and presence on the show will bring a unique passion and energy to afternoon drive,” said Keith Britton, the station’s brand manager. “He has shown both the ability and readiness for this move and we are full speed ahead in our commitment to providing our listeners with the most engaging sports talk and entertainment on a daily basis.”  “92.3 The Fan and its listeners have been with me through every major chapter of my life, and this station has been a constant presence in my world,” said Peterlin. “Afternoon drive in Cleveland is the pinnacle of what I’ve always aspired to, and I truly couldn’t imagine a better person to share this journey with than my good friend, Nick Wilson. I’m extremely thankful for the chance to continue this journey with the listeners and the team at 92.3 The Fan.”

Industry News

TALKERS News Notes

WURDWURD Radio Endorses Kamala Harris for President.  For the first time in its 20+ year history, Philadelphia’s only Black-owned radio station, WURD Radio has endorsed a political candidate — Kamala Harris for President of the United States. Prompted in part by the decision from owners of the Los Angeles Times and The Washington Post to overrule planned endorsements by their editorial boards, sources at the station tell TALKERS, this decision underscores the importance of independent media ownership. From the endorsement: “Our founder, Walter P. Lomax Jr., M.D., understood that the media has the power to shape perceptions, images, narratives and, most importantly in this election, to tell the truth. He understood that the media can demonize or humanize, destroy or exalt, diminish or elevate. Dr. Lomax knew that mainstream media often marginalizes, caricatures and maligns Black people. WURD is in a unique position to speak honestly and emphatically about what matters most to our community because we are independently owned.”  To read the entire text of the endorsement, please click here.

 

imSiriusXM Tips Off College Basketball Coverage with 74 Games on Opening Night, November 4.  SiriusXM will deliver college basketball fans an extensive schedule of live games throughout the 2023-24 college basketball season, starting with a slate of 74 women’s and men’s matchups to choose from when the season tips off this Monday (11/4).  The men’s schedule includes all 19 teams from the Associated Press Top 25 that are in action on Monday night, including the season’s first matchup of Top 25 ranked teams – #8 Baylor @ #6 Gonzaga (11:30 pm ET). The opening day schedule of women’s games on SiriusXM includes 12 teams from the Associated Press Top 25 and features a couple of Top 25 matchups – #20 Ole Miss @ #3 USC (noon ET) and #5 UCLA @ #17 Louisville (2:30 pm ET).  Throughout the season SiriusXM listeners will get access to dozens of game broadcasts each week involving teams from the SEC, Big Ten, Big 12, ACC, Pac-12, Big East and more.

 

NewsMaxNewsmax Launches in France on Molotov.  Newsmax TV, one of America’s most popular news channels, just launched on Molotov, one of France’s leading TV platforms, as U.S. voters go to the polls to pick their next president.  The Newsmax channel went live on Molotov’s platform on October 24, 2024, expanding its global footprint with 19 million Molotov users in France and French-speaking territories.  Molotov is one of France’s main TV services offering streaming television to internet users across the nation and its territories. Molotov subscribers can tune to Newsmax via the platform’s free tier.

 

Industry News

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

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

Job Opportunity

Plum Programming Job Open at WHO, Des Moines

Who

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

 

 

Industry News

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

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

 

Industry News

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

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

Industry News

Audacy Taps Ray Borelli as SVP Research/Insight

Audacy has named Ray Borelli senior vice president of research and insights, effective immediately. Ray Borelli IDAs the Company continues its re-imagination, Borelli will lead Audacy’s audio research and insights practice, closely supporting its forward growth agenda and client enablement strategies. He will report to Paul Suchman, chief marketing officer, and work closely with Audacy’s leadership team across revenue, digital and programming. Suchman tells TALKERS, “Ray’s research experience across channels and media, coupled with his unique ability to turn data into powerful narratives, will make him an excellent addition to the team as we execute our forward strategy,” adding, “With tenure spanning some of the most influential media companies, his expertise in driving meaningful outcomes for clients will be a strong asset as Audacy continues to elevate our value to the advertising community.”  “I am thrilled to be joining Audacy at such an exciting time for the audio industry,” said Borelli. “Audacy’s portfolio of brands and research platform is best in class, and I look forward to working closely with our team and advertising partners to help fuel exponential growth for the business.”  Borelli previously served as VP of ad sales research at Warner Bros. Discovery, directing the go-to-market sales narrative for WBD’s portfolio. He also previously served as SVP for CNBC, leading the company’s research and scheduling teams and helping build the brand’s market-leading digital business. His research and leadership experience was also built on tenures at the National Basketball Association and FOX Sports.

Industry News

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

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

Industry News

Cumulus Media and TuneIn Expand Content Partnership Agreement

imCumulus 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.Cumulus Media Logo 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.”

Industry News

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

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

Industry Views

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

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

Matthew B. Harrison, Esq.The “Amount and Substantiality” factor in fair use assesses both the quantity and quality of copyrighted material used – how much is included and whether it contains the most significant, or “heart,” of the original work. Courts often find smaller, less central portions more defensible under fair use, but this varies by context. Using a memorable chorus or key line can weigh against fair use, even if only a small amount is used. For media creators, especially in radio and related forms of broadcasting, fair use is more likely to apply when portions are brief, non-central, and contribute transformative commentary or critique. This is the fourth installment of a multi-part TALKERS Legal Series on Fair Use for the Media Creator. The first installment is here. The second installment is here. The third installment is here.  To read this fourth installment, 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

Industry Views

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

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

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

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

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


Is It Difficult to Distinguish?

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

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

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

Example Cases Highlighting Amount and Substantiality

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

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

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

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

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

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

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

Key Takeaways for Media Creators

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

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

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

Summary

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

Media attorney, Matthew B. Harrison is VP/associate publisher, TALKERS; Senior Partner, Harrison Media Law; and executive producer, Goodphone Communications.  He is available for private consultation and media industry contract representation. He can be reached by phone at 724-484-3529 or email at matthew@harrisonmedialaw.com

Industry News

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

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

Industry News

Radio Spokesmodel Marks First Anniversary with “75 Radio” Show

 Danila Rodrigues

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

Industry News

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

Industry News

Seven Alumni Inducted into 2024 Hofstra Radio Hall of Fame

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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)

Industry News

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

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

Industry Views

Part 2: Understanding Fair Use

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Media attorney, Matthew B. Harrison is VP/associate publisher, TALKERS; Senior Partner, Harrison Media Law; and executive producer, Goodphone Communications.  He is available for private consultation and media industry contract representation. He can be reached by phone at 724.484.3529 or email at matthew@harrisonmedialaw.com

 

Industry Views

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

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

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

What is fair use? Fair use is the legal principle that allows copyrighted material to be used without permission for purposes above and beyond the original version – like criticism, commentary, news reporting, education, or parody. It’s not an absolute right but rather a defense you can claim if challenged. Courts assess fair use based on four key factors, all which creators should carefully consider.

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

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

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

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

Practical Takeaways for Media Creators

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

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

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

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

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

Industry Views

SABO SEZ: Move or Die!

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

Walter M. SterlingIf a shark doesn’t swim, it dies. Radio is just fine, thank you, but it’s not swimming. Water, check. Tank, check, Sharks, check. Swimming to the next meal, nope. For the past 10 years at least, the radio show in every city is stuck in place and that sound in the distance that wakes you up at night is a death rattle.

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

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

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

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

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

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

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

Industry News

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

Industry News

New Ramsey Solutions Research Shows Nearly 80% of U.S. Adults Say They’re Worried About The Economy

Two weeks before Americans head to the polls to elect a new president, 78% of adults say they’re worried about the economy according to Ramsey Solutions’ new State of Personal Finance report for the third quarter of 2024. Ramsey SolutionsThe research notes millennials (ages 27-42) are the most concerned at 83%.  The survey finds people are feeling the effects of the higher costs of goods and services, and they remain concerned about inflation. In addition, 37% said their finances are in worse shape than four years ago. Thirty-four percent said their finances are about the same, while only 29% said they’re better off than they were four years ago. The research indicates more than half (52%) of Americans believe the U.S. presidency has a major impact on their personal finances. “We encourage every American to go out and vote,” said Dave Ramsey, personal finance expert and host of “The Ramsey Show.But remember, what goes on in your house is a whole lot more important than who’s in the White House. The research shows that less than half of Americans believe a written household budget is the way to win with money. That has to change, or nothing will.”

Other key findings include:

• 1 in 3 Americans can’t afford Christmas and plan to use credit cards to make up for the shortfall.

• Nearly half of Americans (49%) report some difficulty paying bills, with Gen Z struggling the most (69%).

• 34% said they have at least $10,000 in consumer debt.

• Only 1 in 10 U.S. adults are investing 15% or more of their income.

To see the full results of Ramsey Solutions’ State of Personal Finance report, please click here.

The State of Personal Finance is a quarterly research study conducted by Ramsey Solutions with 1,006 U.S. adults to gain an understanding of opinions and attitudes toward money in America. The nationally representative sample was fielded September 12-16, 2024, using a third-party research panel.

 

 

Industry News

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

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