Industry News

New Cumulus Media / Westwood One AudioActive Blog Post: Edison Research’s Q3 2024 “Share of Ear” Reveals AM/FM Radio is the Dominant Ad-Supported Audio Platform Across All Demos

imFor the last 10 years, Edison Research’s quarterly “Share of Ear” study has been a highly respected examination of time spent with audio in America. Edison surveys 4,000 Americans annually to measure daily reach and time spent with all forms of audio. Each report is based on a four-quarter rolling average. The most recent Q3 2024 survey is comprised of Q4 2023, Q1 2024, Q2 2024, and Q3 2024. This week’s Cumulus Media | Westwood One Audio Active Group® blog is an analysis of the just released Q3 2024 data and focuses on what advertisers care most about – ad-supported audio.

Among major demographics, AM/FM radio is the dominant ad-supported audio platform. Podcasts have significant shares among younger age groups.

Among African Americans, AM/FM radio is particularly strong. Podcast shares are not as strong as the general market.

Among Hispanics, podcast shares are stunningly strong. Among 18-34 Hispanics, podcasts are now the number one ad-supported audio platform.

In the car, AM/FM is the “queen of the road” with an 86% share. Even among 18-34s, AM/FM radio has an 82% share of ad-supported audio.

13% of all AM/FM radio listening occurs via streaming, steady over the last three years. On the smart speaker, AM/FM radio dominates with a 50% share of ad-supported listening.

Sadly for advertisers, most of Spotify’s audience is unavailable to place advertising. While Spotify’s ad-free subscription audience soars, its ad-supported shares stagnate at a two share.

Streaming music audience growth comes at the expense of owned music rather than AM/FM radio.

Check out today’s blog post here.

To download the Cumulus Media | Westwood One Audio Active Group analysis report of Edison Research’s “Share of Ear,” click here.

Industry Views

International Radio Exchange Program Offers New Perspectives on Media and Democracy

Andy GladdingBy Andy Gladding, Ed.D.
WMCA 570 / WNYM 970 Radio, NY
WRHU 88.7 FM, Hofstra University
Chief Engineer

Following the 2024 election cycle, there has been a flurry of conversation and speculation over the diminishing role linear media played in deciding the outcome of high-profile national races. With both the Trump and Harris teams choosing to heavily engage with social media influencers, digital media outlets and podcasters, campaign operatives have demonstrated that they are willing to shift their political ad spending into newer forms of broadcast messaging. This has called into question just how much influence and effectiveness legacy media has over audiences in the current media market.

However, not every country shares this perception. In 2020, WRHU Radio Hofstra University in New York formed an alliance with 89.5FM Bush Radio in Cape Town, South Africa. Bush Radio is the oldest community radio station in South Africa, having long been an established voice for the Cape Town area since the early 1990s. With programming in three languages and a highly diverse staff, the station is deeply ingrained in the fabric of the Cape Town media space. The parallel goals of WRHU and Bush Radio, specifically emphasis on local journalism, community programming and educational radio training, provided a strong foundation for the stations to build this joint venture. The purpose of this partnership was to explore the power and reach of community radio in each station’s respective broadcast area. Since the inception of this relationship, both stations have enjoyed a continuous flow and exchange of ideas, goals and programming, even co-producing a weekly show called “1World Radio,” which highlights news, talk and music content featured WRHU and Bush Radio.

Bush People at Radio Hofstra
Bush Radio journalists Jasnine Roberts, Lydia Marwanqana, Renato Van Schalkwyk, and Adrian Louw tour the Salem Radio New York facilities with chief engineer Andy Gladding (pictured in rear) and assistant production manager Alex Garrett (pictured in front).

As part of this alliance, the stations were able to engage in a radio exchange program commencing just before the 2024 U.S. elections. With monies gained from a cultural grant, Bush Radio sent five radio journalists abroad to New York and Washington, DC to cover the national elections. The purpose of this trip was for the Bush Radio journalists to have the opportunity to see the American democratic process up close and later report their findings back to the Cape Town listening audience.

During the New York leg of their journey, I had the pleasure of offering our colleagues from WRHU’s “sister station” an up close and personal look at some of the New York’s finest broadcast institutions. The Bush Radio journalists, using WRHU as their base of operations, had the chance to visit New York Public Radio, Salem Media of New York, Long Island News Radio and fellow NCE broadcasters at WHPC and WCWP. Bush Radio members had the opportunity to interview local politicians, interface with student journalists and even participate in some radio broadcasts, including AM970’s “The Arthur Aidala Power Hour” “The One Leg Up Podcast” with Alex Garrett and WRHU’s Hofstra’s Morning Wake Up Call.

At the beginning of their visit, the Bush Radio team had a number of pre-conceived notions about the American electoral process, national media and cultural ideals. They were all aware of the large impact that American media has had on the rest of the world, with most of their impressions of the USA generally rooted in older idioms of American pop culture, specifically things they had seen on MTV, NBC, ABC and other international network programming originating from the United States. They believed the American elections were similar to the south African cycle, with campaigns lasting only for a few months and a generally receptive population to the post-election outcomes.

However, after spending some time in New York City, Washington, D.C. and Long Island conducting interviews and analyzing news reporting during their visit, their perspective was much different. The Bush Radio journalists were amazed at the drastic differences in reporting they saw across different news outlets. They observed that different stations were geared to provide favorable reporting to targeted audiences, which was something they noted didn’t happen back in South Africa. They were also surprised at how divided and polarized Americans were, summing the experience to how people would choose sides as if they were rooting for a favorite football or soccer team. Finally, they noticed that while the national media seemed to be coalescing around Harris as their preferred candidate, the polling was pointing towards a Trump victory. The stark differences between the bias of the media verses the national momentum was also surprising to them.

According to the Bush Radio journalists, they felt that linear network and community broadcasting carried a much larger influence back home than it did in the United States. They believed that this was partially because much of their domestic population does not have access to broadband internet, which meant that many still relied on terrestrial broadcasting to receive their information. However, they also observed that many people they spoke to had developed a distrust of the media. The South African journalists believed that much of this sentiment stemmed from apparent media bias, since the national reporting didn’t seem to accurately reflect the polling trends. They also pointed out that due to the wide array of media outlets and digital content providers that were available to the public, there seemed to be a dilution of credibility across all media sources, as the sheer volume of stories made it difficult for people to fact check all of the decentralized information.

However, the Bush journalists also observed that many Americans held the First Amendment in high regard. Freedom of speech and expression is a relatively young concept in post-apartheid South Africa. The journalists were amazed at the confidence and accessibility Americans presented when it came to sharing personal opinions or thoughts. This, according to the Bush Radio journalists, was not a widely accepted practice back home.

Many of the journalists were also amazed at the willingness of different groups to cross “traditional cultural lines” to vote for candidates that were from different ethnic backgrounds. They noted that back home, voters from specific racial backgrounds would generally align with candidates that were of a similar race. According to the journalists, this demonstrated that the idea of being “American” alongside the marketing of a candidate was a unique force that could work against ingrained or learned racial stereotypes and biases.

Despite the contentious nature of the elections and the high level of emotion generated by the outcome, the Bush Radio folks believed that the American democratic process was indeed intact and that their role as community radio journalists was now more important than ever. They noted that if they could be the “standard-bearers” of the news and produce reliable and credible content, it would draw greater listenership to their linear programming. According to the journalists, credibility was the most important element a radio station could have, especially as people around the world look for new ways to consume information. They acknowledged the fact that regardless of our cultural differences, they saw a similar passion for broadcasting and community service among their radio counterparts in New York, especially after interfacing with the students at WRHU. They also learned a very valuable lesson during their visit, specifically that New York pizza has the power to bring opposing groups together, as it was their observation this celebrated cuisine seemed to be served at every management meeting that required uncomfortable discussions or decision making. As one of the Bush journalists exclaimed after enjoying his first slice, “this pizza could solve all of the world’s problems.”

As a continuation of the WRHU-Bush Radio partnership, members of WRHU have been invited to travel to Cape Town in February and participate in the reporting on the results of the South African elections. Based on the feedback from the South African journalists, I am confident that this experience will be just as rewarding and exciting as it was for the Bush Radio participants.

1World Radio airs every Tuesday between 4:00 pm and 5:00 pm on WRHU, Radio Hofstra University.

Dr. Andrew Gladding is the chief engineer of the Salem Media stations in New York City – WMCA 570 / WNYM 970 – as well as WRHU 88.7 FM, Hofstra University, where he also serves as a lecturer on communications.  He can be reached at 516-527-0764 or andyg@nycradio.com.

 

 

Industry News

Yesterday’s (11/18) Top News/Talk Media Stories

President-elect Donald Trump’s controversial department head nominations topped the list again in yesterday’s conversations across talk media in America. The economy and escalation of war in the Middle East and Central Europe were also among the most-talked-about stories followed closely by the migrant crisis and health care/abortion rights, according to ongoing research from TALKERS.

Industry News

Trump Selects Brendan Carr to be FCC Chairman

Brendan CarrLast night (11/17), President-elect Donald Trump announced his selection of Brendan Carr to be the chairman of the Federal Communications Commission (FCC).  Trump praised Carr as a “warrior for free speech” and someone who has “fought against the regulatory lawfare that has stifled Americans’ Freedoms and held back our Economy.”  Trump further stated, Carr will “end the regulatory onslaught that has been crippling America’s Job Creators and Innovators and ensure that the FCC delivers for rural America.”  Carr is currently the leading Republican in the FCC. He is one of five commissioners leading the agency, all of whom are appointed by the president pending Senate confirmation.  In response to the nomination, Carr thanked Trump in a post on X, saying, “I am humbled and honored to serve as chairman of the FCC. Now we get to work.”  In a follow up post, Carr stated, “We must dismantle the censorship cartel and restore free speech rights for everyday Americans.”  Carr was the central figure in the complaint against NBC’s “Saturday Night Live” for having VP Kamala Harris in a skit on the program without extending a similar opportunity to Donald Trump to remain in accordance with FCC rules to ensure equal time is granted on networks.  At that time, Carr posted to X, “This is a clear and blatant effort to evade the FCC’s Equal Time rule,” he said on X. “The purpose of the rule is to avoid exactly this type of biased and partisan conduct – a licensed broadcaster using the public airwaves to exert its influence for one candidate on the eve of an election.”  (EDITOR’S NOTE:  Some of the recent information being disseminated about broadcasting “networks” being licensed by the FCC has been misstated or misinterpreted by politicians and the media alike.  For the most part, TV networks are non-licensed content providers.  The licenses are held by the individual stations, groups of stations and their owners with whom they affiliate.)

NAB response to selection of Carr:  In response to the announcement that Commissioner Brendan Carr will be named Federal Communications Commission (FCC) chairman, the following statement can be attributed to National Association of Broadcasters (NAB president and CEO, Curtis LeGeyt: “NAB congratulates Commissioner Carr on his selection as the next chairman of the FCC. Commissioner Carr has been a steadfast leader in holding Big Tech accountable and supporting policies that will allow local broadcast stations to better compete with these behemoths and thrive. We are excited to continue our work with the chairman-designate to level the playing field and remove regulatory barriers that impede investment in local broadcast newsrooms. Together we will ensure local television and radio stations can innovate and continue to serve communities across the country.”

 

Industry News

Cumulus San Francisco Announces Strategic Operating Moves

Cumulus Media Logo

Cumulus Media today (11/18) announced strategic operating moves to its San Francisco market with stations including 104.5 FM/680 AM KNBR The Sports Leader; KSFO, The Bay Area’s Exclusive Hot Talk, and Classic Rocker KSAN-FM/107.7 The Bone.  Next week, KNBR begins the rollout of a new weekday programming line-up featuring new on-air talent teams in middays and afternoons. Joining the KNBR full-time roster is new midday co-host and producer Greg Silver, who will join popular midday host and San Francisco 49ers play-by-play announcer Greg Papa. The duo can be heard on KNBR Monday through Friday from 10:00 am-2:00 pm beginning today (11/18).  Adam Copeland, current KNBR afternoon co-host, welcomes a new on-air partner, Derek Papa. The new duo of Adam Copeland and Derek Papa can be heard weekdays from 2:00 pm-6:00 pm beginning Monday, December 2nd.  KNBR will also move its primary broadcasts from offices at 750 Battery Street, San Francisco, to its studios at San Francisco’s renowned Levi Stadium, home of KNBR and KSAN broadcast rights partner, the San Francisco 49ers. The move, accordg to Cumulus, will bring even more insight, access and “best-seat-in-the-house” opinions to Bay Area sports fans. Cumulus San Francisco further announced that KNBR sister station, KSFO, now heard at 560 AM, a 5,000-watt signal, will increase its signal and reach substantially with the news/talk station’s move to 810 AM, a 50,000-watt signal beginning today (11/18).  Larry Blumhagen, regional VP and market manager, Cumulus San Francisco, tells TALKERS, “We make these moves as Cumulus San Francisco is experiencing an exceptionally successful year. We continue to evolve as an organization committed to excellence and to growing for the future. With these changes, we say goodbye to some of our most storied and influential talent and we extend our gratitude for their countless contributions.”

 

Industry News

TALKERS News Notes

Evan HaningWTOP Reporter Evan Haning Succumbs to Cancer at 74.  Veteran news reporter Evan Haning, whose 50-year radio career included almost a decade as an anchor and reporter at WTOP, Washington, DC has died at the age of 74 after a long battle with cancer. Haning’s career began well before his stint as a reporter at WTOP, from the early 2000s through 2011, and showed his flexibility as a broadcaster. Born in 1950 in Sydney, Iowa, Haning’s radio career began in 1970, shortly after graduating from Simi Valley High School, in California. Haning was in Los Angeles for the Boss Radio boom. In 1973, Haning joined KRLA Radio as a disc jockey. “He came to Washington when he joined WJOK in 1983,” his daughter said. Long before Comedy Central, WJOK was the first all-comedy radio format in the country. By the mid-1980s, Haning became the production director at WWRC, the talk radio station featuring hosts like Joel A. Spivak, Bob Kwesell, and the morning duo of Bruce Alan and Ed Walker.  Haning is survived by his wife Melissa, daughter Amber, son Garrison, and two grandchildren, Matilda and Seneca. Memorial arrangements are pending.

 

Lori TradupErwin LutzerSRN to Present Special Christian Series.  Salem Radio Network (SRN) is presenting a special series this week spotlighting Dr. Erwin Lutzer (pictured above left).  In interviews with SRN News correspondent Lori Tradup (pictured above right) Lutzer— Pastor Emeritus at Moody Church in Chicago—exposes what SRN describes as “the heart of America’s cultural crisis as it impacts pastors in pulpits nationwide.”  In the series, Dr. Lutzer advises Christians to stay rooted in Biblical truths as they grapple with challenges including abortion, transgenderism and other topics. His newest book is titled The Eclipse of God (Harvest House, 2024)

 

Industry News

Top News/Talk Media Stories this Past Week (11/11-15)

The aftermath of the election and a “postmortem” of the circumstances leading to its results were the dominant topics of conversation on talk media programs this past week (11/11-15).  In addition, here’s how the stories stacked up: Trump Controversial Appointments; The Economy; Migrant-Border Crisis; Abortion / Health Care; Russia-Ukraine War; U.S.-Israel Relations; 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

Jim Bohannon Tribute Podcast Posted on TALKERS MEDIA YouTube Channel

November 12 marked the second anniversary of the passing of legendary Westwood One syndicated radio talk show host Jim Bohannon who, after waging a brave battle, succumbed to esophageal cancer in 2022. Bohannon’s stellar career in radio covered a span of almost 63 continuous years during which he was honored with just about every award the industry has to offer including induction in the Radio Hall of Fame, the NAB Broadcasting Hall of Fame, and the Missouri Broadcasters Hall of Fame. He is a recipient of the Radio Television Digital News Foundation’s Lifetime Achievement Award as well as the TALKERS Lifetime Achievement Award (which has subsequently been renamed in his honor). TALKERS publisher Michael Harrison conducted the final interview ever recorded with Jim Bohannon one month before the talk show giant’s passing. In it, the two friends and broadcasting industry colleagues engaged in a heartfelt, remarkably candid conversation about life and death, in addition to sharing observations about the changing state of radio. Reflecting on that interview, Harrison states, “For all his accomplishments on and off the air, what I remember most about Jim was the sheer bravery and good-natured wisdom that he publicly displayed during the final months, weeks, and days leading up to his death in 2022. We capture that intimacy and spirit in this interview.” Harrison adds, “Jim Bohannon’s life and work embodied the absolute best aspects of talk radio’s modern era.”  In recognition of the second anniversary of Jim Bohannon’s passing, this new podcast episode honoring the great radio star consists largely of that final interview along with a general remembrance of his outstanding career and legacy.  It has now been posted on the new TALKERS MEDIA YouTube channel.  To listen to it, please click here.

Industry News

Yesterday’s (11/13) Top News/Talk Media Stories

President-elect Donald Trump’s nomination of Matt Gaetz as attorney general and Gaetz’s resignation from his House seat; the GOP takes the majority of seats in the U.S. House giving Trump support from the Senate and the House; Trump’s promised migrant deportation; the expected pardons for January 6 convicts; and the economy were some of the most-talked-about stories in news/talk media yesterday, according to ongoing research from TALKERS.

Industry News

WWO: AM/FM and Podcasts Outperform TV in Auto Aftermarket Category

The latest blog post from the Cumulus Media | Westwood One Audio Active Group looks at data from a study the company commissioned by MARU/Matchbox analyzing the auto aftermarket category.  Some of the key findings from the study include: 1) The segment has recovered to pre-pandemic levels. Annual spend,im number of retailers shopped, retailers shopped most often, brand perceptions, and advertising recall have recovered; 2) Brand equity and shopping patterns for the top two performers (AutoZone and O’Reilly Auto Parts) are stable to up. The second-tier players are slightly off; 3) AM/FM radio and podcasts are the ideal platforms to advertise auto aftermarket. TV underperforms with category usage and brand equity: Heavy AM/FM radio and podcast listeners visit more retailers in the category, make more shopping trips, and spend far more than the average. Two key consumer segments, do-it-yourselfers and ultra-heavy shoppers are more likely to be heavy AM/FM radio listeners. TV viewers are weak category users. See the blog post here.

Industry News

iHeartMedia’s Jeff Littlejohn Retires; Steve George Promoted

Longtime iHeartMedia executive Jeff Littlejohn, who most recently served as executive vice president of engineering, is retiring from the company. Steve George will step into the role, effective immediately. The company says that Littlejohn will continue in an active consulting role. He retires after 32 years withim iHeartMedia, first starting in 1992 as chief engineer for the Cincinnati cluster. He was part of the team that created the first version of the iHeartRadio App and worked with Toyota and Ford on the first integration of iHeartRadio.  More recently, Littlejohn helped spearhead a modernization of iHeart’s studio facilities and conversion to cloud-based audio systems. iHeartMedia Markets Group president Hartley Adkins says, “There are few people in the industry with the expertise and longevity that Jeff has and we’re grateful for the incredible work he’s done for iHeart. We’ve been fortunate to rely on him for over three decades and I’m so thankful we’ll keep drawing from Jeff in his new consultancy role.”

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