Just Because You Found It Online Doesn’t Mean You Can Use It
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
A New Jersey radio station thought they were just being clever online. They scanned a photo from New Jersey Monthly, cropped out the photographer’s credit line, and posted it on Facebook – inviting listeners to edit and reshare it for fun. ying to engage listeners to interact with the station with more than just their ears.”
But that station, WKXW 101.5, ended up in federal court.
Photographer Peter Murphy sued for copyright infringement and removal of attribution. The Third Circuit ruled against the station – finding that the image was used without permission, credit removed, and the photographer’s ability to license his work damaged.
It wasn’t fair use. It was infringement.
Fair Use Won’t Save You from Getting Sued
Fair use isn’t a free pass – it’s a defense. That means someone’s already accused you of infringement, and now it’s on you to justify it.
Even when it works, fair use still costs time and money. In the WKXW case, the station used the entire photo, failed to transform it, and encouraged widespread online sharing. The court saw that as market harm – one of the most important fair use factors.
And don’t assume you’re safe just because it wasn’t part of the broadcast. Courts have made clear that even social media posts by broadcasters can undermine the value of the original and trigger liability.
Don’t Ignore It Just Because It Feels Small
In my own experience with clients fending off these kinds of claims, sometimes it’s obvious. Other times it’s a bluff. But even bogus claims can cost you if you don’t take them seriously from the beginning.
License It, Link to It, or Leave It
If you didn’t create it or license it, don’t assume it’s fair game. Look for content with clear reuse rights. Better yet – link to the source instead of copying it.
Because if a copyright holder comes after you, your intentions won’t matter. Only your rights will.
Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonMediaLaw.com or read more at TALKERS.com.
lineup anchored by Shannon Burke (PM drive) and Bubba the Love Sponge (AM drive), and will welcome Panama City’s own Brian Rust to the network as the new 9:00 am to 12:00 noon host. JVC CEO John Caracciolo says, “This is more than a format flip; it’s a statement. By bringing WYOO into the Florida Man Radio Network, we’ve created a single, dominant talk radio platform that spans from Pensacola through Panama City and beyond. The Florida Panhandle is one of the most politically engaged and conservative regions in the country. This move allows us to deliver content that speaks directly to the values, voice, and lifestyle of real Floridians.”
Reviewing radio’s challenges:
of Atlanta. And raised an event record of more than $2.1 million. WSB director of operations Ken Charles says, “95.5 WSB has the most generous listeners in the country, without them this is not possible. I am blessed to work with the most passionate, dedicated and hardworking team in the business. I couldn’t be prouder of what we achieved over these incredible and inspirational 38 hours.”
iHeartMedia Norfolk announced today (7/25) the debut of BIN 92.1 FM, Norfolk’s Black Information Network, effective immediately. The Black Information Network has transitioned from 105.3 FM (WNOH) to its new home at 92.1 FM (WHBT), where it will continue delivering what is described as “nonstop, reliable news coverage shaped by the Black community.” According to iHeartMedia Norfolk market president, Denene Moore, “Listeners can count on the same high-quality journalism, in-depth reporting, and culturally relevant storytelling—now on 92.1 FM and available on the iHeartRadio app.” Moore continues, “BIN has become a vital voice in communities across the country, and we’re proud to continue that trusted news and perspective here in Norfolk. This move ensures that our listeners have access to the stories that matter most, told through a lens that reflects their experiences and voices.”
live in the 12:00 noon to 3:00 pm daypart. The show will be simulcast live on Disney+ every day and on ESPN+ during select weeks in the year. In addition to his weekday show, Eisen brings his full podcast lineup from The Rich Eisen Podcast Network to ESPN platforms. Eisen says, “Once we struck a deal with Disney for the video version of The Rich Eisen Show, it made complete sense to migrate the audio version to ESPN Radio, where I got started in the terrestrial radio world almost 30 years ago. It’s just another way to return to my roots with my old and now new friends at ESPN and GKB. I couldn’t be more excited about our future together on multiple platforms.”
defund, or threaten news outlets that support the government’s views, and there’s a reason for that. This has never been about saving money. It’s about silencing those who report the news accurately, without fear or favor. The true cost of this one-sided attack on free speech will be felt most by small and rural communities across the country. Much like the disappearance of local newspapers, cutting off support for public stations could create a new kind of ‘news desert.’ In many hard-to-reach areas, these stations may be the only source for the public to receive emergency alerts, traffic updates, and information about local events and ways to stay engaged in their own neighborhoods. Defunding them strips away these essential services and further isolates the very communities these stations seek to serve. The FCC is playing a dangerous game with its own baseless attacks on public broadcast stations. Its role should be to protect and expand the public’s access to timely, accurate news that is free from political interference. I will continue fighting this FCC’s politically motivated efforts to investigate and harass these stations.” 
Amarillo markets. Those markets include news/talk KFYO and talk KKAM/K280GU in Lubbock and news/talk KIXZ, Amarillo. Most recently, he served as president of iHeartMedia’s Nashville station group.
marketers, not because it’s ineffective, but because it’s quietly efficient.” He adds, “Low levels of variability and the lack of granular data at the campaign and market levels can cloud the results. Smaller campaign investments can also fly under the radar, making it harder for models to detect Audio’s true impact.” Borelli says Audacy is working with other audio companies and with partners like the RAB and IAB to provide more granular data and to standardize model inputs. “We’re running model audits and retroactive studies to properly demonstrate Audio’s impact including replacing media plan data with ‘as-run’ actuals because as-run data provides significantly more variation, which stimulates the models to more effectively identify radio’s correlation with sales results.” 
and NPR’s most popular podcasts – “NPR News Now” and “Up First” – maintain their first and second-place finishes, respectively. Changes of note from May to June include Salem Podcast Network’s “The Charlie Kirk Show” rising three places to #5, Cumulus Podcast Network’s “VINCE” rising one spot to #10, and iHeartRadio’s “Clay Travis & Buck Sexton” falling two places to #16. 
Let’s look into the crystal ball. Humor me if you will.
Hubbard Seattle stations (then owned by Sandusky) and rose through the ranks in promotions, sales, and on-air roles, and was selected for Hubbard’s inaugural NextGen Leadership program. Most recently, Beyer held senior sales leadership positions at CRISTA Media and iHeartMedia Seattle. Beyer says, “I’m incredibly honored to return to where it all began. Hubbard Radio Seattle is home, and I can’t wait to work with this amazing team to serve our listeners, clients, and community.”
How obsolete does this sound? “Newsweek magazine.” News, gathered during most-of the week, had to be frozen by week’s-end, on deadline, to roll the presses in time for hard copy to be delivered in Monday’s snail mail. Back then – picture people dressed like “Mad Men” characters – enough subscribers felt informed-enough to deliver Return On Investment for the magazine’s advertisers. Seems antique. Now, news is reported moment-to-moment, on any device. And newsweek.com is there… along with everyone else competing for attention.
