Part 2: Understanding Fair Use
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
Incorporating copyrighted material, such as video clips or actualities, can enhance your content, but understanding fair use is critical to avoid legal trouble. Fair use permits limited use of copyrighted material for purposes like criticism, commentary, news reporting, or parody without needing permission. Courts assess fair use based on four factors: purpose and character of the use (is it transformative?), nature of the work (factual vs. creative), amount used, and the effect on the market. Learn practical tips on safely navigating fair use, including using brief excerpts, transforming content, and considering market impact.
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
Old Friends and Colleagues Gather for CRN International Reunion. Some 50 long-ago colleagues gathered at a warm weekend reunion at a cozy restaurant in the Nutmeg State for what, in the 1970s, began as “Connecticut Radio Network.” It evolved into CRN International, a major advertising promotion agency, which ceased operations a decade ago. CRN SkiWatch reports aired across the USA, customized for each affiliate, and based on conditions reported by CRN’s army of spotters. Pictured above (l-r): consultant Holland Cooke; CRN International founder Barry Berman; and WABC, New York news personality, Joe Connolly. (NOTE: CRN International is not to be confused with long-active CRN Digital Talk Radio.)
AdLarge Adds Innovative “CIRCLE THIS” Podcast to Client Stable. AdLarge, a pioneering podcast advertising agency, has announces the addition of “CIRCLE THIS with Andrea ‘Dre’ Bendewald” to the 
If 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.
Triton Digital has just released its 
Andrea Mitchell to Receive Prestigious Award. Alliance for Women in Media (AWM) has announced that Andrea Mitchell, NBC News chief foreign affairs correspondent and chief Washington correspondent, will be honored with the prestigious Gracies Icon Award at the 2024 
Radio One Charlotte, in partnership with Second Harvest Food Bank of Metrolina, is presenting an all-day radiothon today (10/17) to support those affected by Hurricane Helene. This event is taking place from 6:00 am to 7:00 pm across Radio One Charlotte stations: WOSF, WFNZ, WLNK, WPZS, WOSF-HD2 and heritage news/talk WBT. Marsha Landess, Radio One Charlotte regional VP, tells TALKERS, “We are focusing the power of our six radio stations to help raise funds for the relief efforts for our neighbors in the western part of our state. We know their lives have been turned upside down, and we want to do our part to assist them in rebuilding and recovering. Our goal is to raise a substantial amount to help them begin to put their lives back together. Every dollar counts, whether large or small.” Kay Carter, CEO of Second Harvest Food Bank of Metrolina, adds, “Everyone at Second Harvest Food Bank of Metrolina is so grateful to Radio One for all their efforts to assist us as we work to help the many victims of Hurricane Helene. The needs are great, and we want to thank all the radio stations and their listeners for considering a donation to the Radiothon. We promise to use the donations wisely to provide food and other supplies throughout the affected areas.”
Even as its stations were airing hundreds of hours of continuous live news and storm coverage during hurricanes Helene and Milton, Cox Media Group (CMG) was raising nearly $1 million and providing food, water and necessities for impacted people and communities. That includes taking mobile charging stations into communities for people to charge their phones and other devices. Hurricane relief efforts took place across CMG’s southeast TV and Radio stations. “These efforts by our CMG family highlight the indispensable role of our stations – and our entire broadcasting industry – as we work together to make a powerful and positive impact on the communities we live in and serve,” said Dan York, CMG’s president/CEO. “As importantly, none of this would have been possible without the incredible support from our local partners and audiences. The response of our viewers and listeners has been nothing short of remarkable.” CMG radio stations include news/talker WDBO 107.3 / AM 580 in Orlando.
Premiere Networks personality Clay Travis co-hosted “The Clay Travis and Buck Sexton Show” live from affiliate News Radio 570 WWNC in Asheville, NC (10/11). Travis toured the area via helicopter to witness the extensive damage from Hurricane Helene in an effort to continue raising awareness, funds and volunteers for hurricane relief that will be needed for months to come. During the visit, WWNC morning host/news director Mark Starling joined the broadcast for a powerful conversation about the devastation the community has experienced. He detailed how the station covered Hurricane Helene, providing vital information to the Asheville community including coordinating rescue efforts and reuniting families. Starling, who stayed at the station for 14 days straight during the hurricane, said: “…when TV couldn’t do it, the newspaper couldn’t do it, there was nothing online, the only thing left was AM/FM radio. All seven stations stayed on the air simulcasted… we were wall-to-wall…what we wanted to do here at the radio station, at iHeart Asheville, was we wanted to show the community that we can get through this. And we’ve been kind of repeating this line: ‘community is the answer to this crisis.’ …what we have seen is the absolute best in humanity in an absolute horrific, horrific time.” Listen to their full conversation 
The 22nd annual Children’s Miracle Network Radiothon benefitting McLeod Children’s Hospital was recently held in Florence, SC. During the Radiothon, Community Broadcasters’ stations WWKT 99.3 The Cat, (news/talker) WFRK Live 95.3, WPDT Almighty 105.1 and WSIM 93.7 Frank FM hosted live broadcasts from McLeod Children’s Hospital. Pictured above: former SC Lt. Gov. Ken Ard and station VP operations Dave Baker (r) during broadcast on news/talk Live 95. “As always, at Community Broadcasters, we are always doing our best to live up to our name, and stand for the communities that we broadcast in,” company VP Wayne Mulling tells TALKERS. “And we are proud of what we have been able to do in hosting the Children’s Miracle Network Radiothon each year to raise funds for McLeod Children’s Hospital and Children’s Miracle Network. We are humbled by the amount of people that have been helped directly through the years by these organizations, and glad to play a small part in keeping this active and ongoing to continue to help others every year. We invite you to be a part as well.” DJs and talk show hosts asked listeners for donations in support of the programs and technology that McLeod offers to families in the Pee Dee. Listeners also had the opportunity to hear real stories from those who have benefited directly from the McLeod Children’s Hospital, in addition to interviews with doctors, nurses and employees who all share the same passion. “What an exciting Radiothon we had this year raising more than $127,000 for the McLeod Children’s Hospital!” says Davis Sawyer, Children’s Hospital fund manager. “The hard work and dedication from all involved truly make a difference in the lives of the children treated in McLeod Children’s Hospital. I value the partnership and friendship we have with Community Broadcasters and look forward to growing this partnership as we continue to impact the children we serve.” There was also a live auction throughout the week, with some bids surpassing $500. Auction items were donated from collegiate and professional sports teams, nationally known musicians and local businesses. At the conclusion of the Radiothon, this year’s donations equaled $127,098. All donations will remain here in the Florence area to help fund life-saving McLeod programs, and purchase new technology to better serve the Pee Dee families. To learn more about the annual Radiothon, check out this year’s sponsors, or make a donation, visit 
Keenan coached big time teams in the Soviet Union, Russia, Canada, China, the U.S. and more for over five decades! What does it take to be a leader in the competitive and often cutthroat world of major league professional sports? How have the generations of young athletes changed over this stretch of time? What is the state of sportsmanship in today’s culture? What is it like dealing with the media from a professional sports perspective? How is sports culture different around the world? How is gambling impacting sports? Is hockey enjoying healthy growth as both a sport and a business? These questions and more are tackled in an informative and universally interesting conversation between Harrison and Keenan. Keenan, considered one of hockey’s most controversial and intriguing figures, has just released an autobiography titled Iron Mike: My Life Behind the Bench (Randon House Canada, 2024).
language sports network FOX Deportes. It will also be available in podcast form via FOX News Audio. Ahead of the debut, FOX News Digital will launch a Spanish-language version of the FOXNews.com website beginning today which will be machine translated. Campos-Duffy comments, “I am beyond grateful for the opportunity to host ‘FOX Noticias.’ As the fastest-growing electorate, accounting for nearly 20% of the population, the Hispanic American community is thriving, and I am proud to bring a new show that breaks down the news of the day with a focus on the kitchen table issues that matter most to our community.”
Times’ “The Daily,” followed by NPR’s “NPR News Now” at #2 and NPR’s “Up First” at #3. Some moves of note include Dan Bongino’s “The Dan Bongino Show” sliding from #4 to #5, The DailyWire’s “The Ben Shapiro Show” dipping two spots to #11, and Cumulus Podcast Network’s “The Shawn Ryan Show” rising to one spot to #12. 
already streamlined Emergency Grant Guidelines and Application Process to make it even easier and faster to get funds into the hands of broadcasters hit hardest by these storms. The situation is catastrophic for many of our colleagues and with insufficient or total lack of internet service, an individual or families cannot even submit an application.” Under the adjusted guidelines, broadcasters who have suffered catastrophic loss contact their market or general manager, who then fills out the Hurricanes Helene and Milton Group Submission Form for all of those within their station who are applying. 
Storm specialist Mike Seidel is currently reporting from Madeira Beach, FL while correspondent Robert Ray is in Fort Myers Beach, FL. On Tuesday, Seidel will report from St. Petersburg, FL with Ray remaining in Fort Myers. FOX Weather will also deploy meteorologists Britta Merwin and Steve Bender to Sarasota, FL, Bob Van Dillen to Tampa Bay and Haley Meier to Daytona Beach, FL while meteorologists Michael Estime, Craig Herrera, Ari Sarsalari, Ian Oliver and Kiyana Lewis will anchor coverage from FOX Weather headquarters in New York. FOX Weather hurricane specialist Bryan Norcross will also provide continuous updates from New York. FOX Weather Digital will provide comprehensive coverage of Hurricane Milton, available 24/7 on FOXWeather.com and in the FOX Weather app, including the exclusive Hurricane HQ tab. FOX Weather Digital will include leading meteorological analysis, exclusive expertise from Norcross, coverage from all FOX Weather field resources and related content of every angle related to US impacts of the storm.
With its state-of-the-art technology capabilities that includes satellite and IP distribution and live sports production, the company is available to offer additional services to those in need. “At Skyview Networks, our top priority is the safety of our partners and the continuity of their operations,” Aaron Mellis, VP, business services, Skyview Networks tells TALKERS. “With Hurricane Milton approaching, our team is fully prepared and ready to step in with services to support our clients’ needs, ensuring they are met seamlessly.” For inquiries on extended services in preparation of Milton, please contact 
As most readers of TALKERS magazine know, dedicated and alert radio stations rise to the occasion of abundant vigilance and public service in providing their communities with vital information and support during natural disasters. Such has been the case with Hurricane Helene and the same thing will take place as Hurricane Milton threatens Florida and the East Coast.
news network’s primetime lineup at 8:00 pm ET, debuting on October 8. For the past four years, Finnerty has been co-host of Newsmax’s “Wake-Up America” morning program with Sharla McBride. Newsmax CEO Chris Ruddy says, “Rob has demonstrated success in our morning show and connects with our audience in a powerful way, and we believe he will continue that success in primetime.” Finnerty comments, “For far too long cable news has been a monolith – with very few options available to the American people, but Newsmax is proof that the model is changing, and I feel incredibly honored to be a part of that change. Ever since I got here, Newsmax has kept growing and growing, which is amazing for this industry. This is the opportunity of a lifetime, and I am so grateful to Newsmax and its team led by CEO Chris Ruddy.” Pictured here is Rob Finnerty as a special guest speaker at TALKERS 2024. 
featuring Brady Quinn, LaVar Arrington and Jonas Knox. The program will continue to air in the network’s 6:00 am to 9:00 am ET weekday timeslot on 380 stations nationwide. FSR and iHeartMedia executive Don Martin and Scott Shapiro say in a statement, “We’re so proud of what this trio has built with ‘Two Pros and a Cup of Joe.’ The unique combination of these dynamic personalities has created one of the most fun and entertaining sports morning shows, and we continue to hear excellent feedback from advertisers, affiliates and listeners alike. They are the perfect kickoff to our weekday lineup, and we look forward to extending our relationship for years to come.”
Jackson, Jr. is hosting the new weekly podcast “No-Contest Wrestling” with co-host TJ Jefferson the show combines Jackson’s and Jefferson’s unique takes on sports entertainment by interviewing the biggest stars, going behind the scenes with untold stories from the world of wrestling. The second show is “The Jim Jackson Show,” hosted by two-time All-American and 14-year NBA veteran Jim Jackson. In this show, Jackson covers basketball from the college game to the highest levels of the NBA. Eisen says, “I’ve been in a constant search for new, fresh, thought-provoking, and entertaining voices to add to our growing podcast business, and I’m thrilled to add both O’Shea Jackson, Jr. and Jim Jackson to the roster.”
WOR, New York morning co-host Michael Riedel returned to the airwaves yesterday morning (10/1) after a camping trip to North Carolina that turned into a rather harrowing experience due to Hurricane Helene. 
Riedel arrived in North Carolina last Tuesday and learned from his group’s guide that the forecast was rain for the entire duration of their trip. At that point, no one connected the rain with the hurricane, however. When their time on the mountain first began, Michael and his fellow hikers may have thought their near run-in with a bear was going to be the craziest part of their trip, but after two days of near-steady rain, Riedel’s group’s guide made the decision to end the hike and come down the mountain to seek safety. “The guide said if we don’t get down to the road…the river is going to flood and we will be trapped,” Riedel told his co-host Len Berman and morning news anchor Larry Mendte. “[But] all of the little streams and the creeks that we crossed on the way up…were now raging torrents of water, and we had to find places to cross. And when we crossed the streams, we all had to, like, hold on to each other to form a chain so that the water wouldn’t wash us away…and we had to do that three times.” Even though they were without electricity, internet, or phone service and had virtually no food and were down to just four bottles of water to share among 10 group members, Riedel and his group found a bed and breakfast in downtown Asheville that despite calls for evacuation was willing to take them in. “You know, I have to say I was very lucky,” Riedel reflected. “There was a woman who worked [there who] took water from the Creek behind the B&B and… made vegetable soup [using vegetables from their garden]…to feed us.” Ultimately, after three days of being stranded, Riedel was able to share a ride to the airport with another guest at the bed and breakfast and landed back at LaGuardia airport Monday evening (9/30). Talk about home sweet home. To hear more about Riedel’s adventure, 
Focusing on being a trusted guide to podcast discovery, Podcast Radio features a diverse lineup of curated podcasts across various genres, with presenters, giving listeners in Minnesota an expanded radio experience. The station was the first Podcast Radio affiliate to feature dedicated genre hours, including business, true crime, comedy, and musical conversation. According to sources at Podcast Radio, “This genre-based scheduling allows listeners to enjoy expertly curated content that aligns with their interests, delivered through our innovative platform and partnership with Local Radio Network (LRN).” Gerard Edwards, CEO of Podcast Radio, tells TALKERS, “We are excited to have Podcast Radio on in Minnesota. Our genre-based scheduling allows us to offer something for every listener, while using the trusted radio format to connect audiences with the world of podcasts. Alpha Media has been an incredible partner, and we look forward to expanding our presence.” Podcast Radio Minnesota joins Podcast Radio Missouri, broadcasting in dayparts on KREI-AM (Farmington), KWIX AM/FM (Moberly) and KJFF (Festus). Podcast Radio also has four 24/7 stations with Beasley Media Group in Detroit, the Carolinas, Tampa Bay and Southwest Florida. For more information on how to bring Podcast Radio to your station, contact Gerard Edwards — gerard@podcastradionetwork.com — or send general questions to