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

Hillsdale Radio Performs Big Time Election Night Coverage

HillsdaleJournalism is alive and well within certain college radio circles. On Election Night (11/5), the WRFH/Radio Free Hillsdale 101.7 FM student broadcast team hosted live coverage from the Searle Center on Hillsdale College’s campus in Hillsdale, MI and invited students, faculty, and staff to attend and watch election results roll in and listen to analysis. Student anchors were joined by the presidents of Hillsdale College Republicans and Hillsdale College Democrats, three members of the Hillsdale faculty, a candidate for the Michigan State House, a candidate for the Michigan Supreme Court, and reporters from the Detroit News, the Daily Caller, the Center Square, and the Daily Signal. Back at the WRFH studios, the station’s news team worked to update listeners with results from state and local races all night long. More than 200 people came out to the broadcast in action. WRFH GM Scot Bertram tells TALKERS, “It was a home-run event!  Students work hard to prep for this quite unpredictable night. There’s an enormous amount of planning and research involved to set everything up. Then the night unfolds, and they realize it’s a ton of fun, as well. I’ve heard from more than a few students who took part in our previous Election Night events that it’s one of their best experiences on campus and really drew them deeper into the journalism program here at Hillsdale.”

 

Industry News

“Chachi Loves Everybody” Podcast Releases Two New Episodes Featuring 2024 Giants of Broadcasting Honorees, Al Roker of NBC’s “The Today Show” and Patsy Smullin, Owner and President of California Oregon Broadcasting

Benztown, a global leader specializing in radio imaging, voiceover, programming, podcasting and jingles, announces the release today (11/7) of two new episodes of its series “Chachi Loves Everybody,” an original podcast hosted by its president Dave “Chachi” Denes. imThese episodes feature Chachi’s special guests Al Roker, longtime weatherman on NBC’s The Today Show and co-anchor of the iconic morning show’s third hour, and Patsy Smullin, owner/president of California Oregon Broadcasting, and host of the successful television interview series, Up Close and Personal.  Roker and Smullin will be among those honored next week as Giants of Broadcasting by the Library of American Broadcasting Foundation at the 2024 Giants of Broadcasting & Electronic Arts luncheon and awards ceremony. The event will be held on Tuesday, November 12th at Gotham Hall in New York City.  To listen to these new “Chachi Loves Everybody” podcast episodes, please click here. For more information about the 2024 Giants of Broadcasting & Electronic Arts luncheon and awards ceremony, and for a full list of honorees, please click here.

Industry News

Yesterday’s (11/6) Top News/Talk Media Stories

ELECTION POST MORTEM:  “Monday Morning Quarterback” analysis of the presidential election was dominant on the top talk media stories list yesterday (11/7) as the dust slowly settles on an industry that just ran a marathon.  Other top issues of discussion emanating from that included abortion rights, the economy, media bias, war and rising tensions in the Middle East and Central Europe, and the ever-present migrant/border crisis according to ongoing TALKERS research.

 

Industry News

NYPost: “iHeartMedia Slashes Hundreds of Jobs”

The New York Post is reporting that iHeartMedia has cut “hundreds” of jobs in a move executed on Monday (11/4). The Post writes, “The company headed by CEO Bob Pittman has cut less than 5% of a workforce ofim more than 10,000 employees, a source with knowledge said, amounting to hundreds of job losses as the company streamlines its business and eliminates redundancies. The story also quotes iHeartMedia spokesperson Wendy Goldberg, saying the company has focused on expanding its Gen Z audience and that its broadcast radio audience has “more listeners than it did 10 years ago. Although in a company of 10,000 people very few jobs have been affected, there have been some and we never take this step lightly no matter how few jobs it entails; every team member is important to us and has our respect and appreciation.” Read the Post story here.

Industry News

NAB Statement on 2024 Presidential and Congressional Election

In response to the 2024 presidential and congressional election, the NAB released the following statement: im“NAB congratulates President-Elect Trump and the new and returning members of Congress. Local television and radio stations are committed to working with the next administration on policies that will enable increased investment in local journalism, emergency information, sports and entertainment on which our communities rely. NAB will continue its bipartisan work with policymakers to strengthen this free, local service that is essential to our democracy.”

Industry Views

FAIR USE: What Constitutes “Publishing” or a “Publication” on Today’s Media Playing Field?

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

imAs the practice of “clip jockeying” becomes an increasingly ubiquitous and taken-for-granted technique in modern audio and video talk media, an understanding of the legal concept “fair use” is vital to the safety and survival of practitioners and their platforms.

When assessing fair use in audio media, courts closely examine the “nature of the copyrighted work,” especially focusing on whether the work is factual or creative, and published or unpublished. Factual content, such as news reports or data, is more likely to be seen as fair use material, as it’s in the public interest to keep factual information accessible. Creative works, like music, fiction, or original performances, often enjoy stronger protection because they embody the creator’s unique expression and should be compensated accordingly.

Unpublished interviews or speeches.  When audio content includes unpublished material – such as a speech or interview that hasn’t been publicly released – courts typically approach it with heightened caution. For example, if a podcast includes clips from an unpublished interview with a politician to enhance commentary, courts might scrutinize this more heavily than they would a published work, as the speaker retains significant control over whether and how the content reaches the public.

Case study insight: Salinger v. Random House (1987).  The landmark case Salinger v. Random House highlighted how unpublished works generally receive stronger copyright protection. In this case, the use of unpublished letters in a biography was ruled as infringing, emphasizing that unpublished materials hold a unique status in copyright law. If a podcaster today were to use a similarly unpublished interview with a public figure without significant commentary or transformation, they might face greater legal challenges.

Redefining “published” in the digital era.  With digital platforms, the meaning of “published” is evolving. Traditionally, a work was deemed “published” when made available for sale, license, or public distribution. Now, sharing content online, even in a limited way – such as within a closed social media group or private online forum – raises questions about whether the content should be considered published. Courts are increasingly aware that limited digital sharing doesn’t necessarily reduce a work’s unpublished protections, but extensive online distribution might.

Modern considerations of online sharing. Courts today analyze factors like control over access and the sharing platform’s nature. For instance, an audio clip shared in a restricted forum might retain its unpublished protections, while a widely posted clip could lose some of those protections. Additionally, when creators post content on platforms like Instagram or YouTube before officially “publishing” it elsewhere, courts may take the creator’s intent and distribution scope into account when determining the content’s legal status.

As online platforms reshape how creators distribute their work, they also impact fair use, pushing courts to reinterpret what it means for a work to be “published.” This evolving understanding means that copyright protections depend not only on whether a work is accessible but also on the level of control over its distribution, especially for audio content.

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

Yesterday’s (11/5) Top News/Talk Media Stories

ELECTION DAY WRAP UP:  The presidential race was supremely dominant on the top talk media stories list yesterday (11/5) on Election Day.  Conversation focused primarily on polls, predictions, and encouragement for voter turnout.  Other top issues of discussion emanating from that included abortion rights, the economy, media bias, war and rising tensions in the Middle East and Central Europe, and the ever-present migrant/border crisis according to ongoing TALKERS research.

Industry Views

MH: Election Will Impact Positioning and Strategy for News/Talk Media’s Next Chapter in the Game of “Follow the Audience”

MH UCFO studioToday is Election Day in America. Finally! Now the talk media industry is about to learn what’s next?  No matter which way the presidential race goes, the results will have a measurable impact on news/talk media’s positioning and strategy going forward for years to come. According to TALKERS publisher Michael Harrison, “That’s what happens when the news media operates within the paradigm of primarily ‘targeting’ audiences based on their pre-existing biases, opinions, and passions.  The only objective seeking of truth that takes place within the formulation of media strategy, in this transactional environment, focuses on one basic concern – where does the audience, that we so zealously covet, stand on this?”  During an editorial conference this morning, Harrison stated, “The two major media-base ‘camps’ that have emerged in the past decade on talk radio, news/talk TV, YouTube and podcasting, fall under the basic headings of the pro-Trump media industry and the anti-Trump media industry.  Yes, both have grown into full-fledged industries – and their interests are deeply entangled. As cynical as this might sound, the deck is about to be reshuffled to one degree or another and talk media industry practitioners are going to have to pull off some fancy steps to avoid sinking into the quicksand of inevitable changes in public opinion – regardless of what shape these movements take.” Harrison adds, “If you’ll pardon the ancient reference, no one wants to be left playing Frankie Avalon and Bobby Rydell records the day after the Beatles’ and their British buddies invaded our pop culture.”

Industry News

Beasley Broadcast Group Reports Third Quarter Revenue of $58.2 Million

Beasley Broadcast Group reported $58.2 million in revenue for the third quarter of 2024, down 3.2% from last year.Beasley This drop is partly due to selling their Wilmington station and closing some digital businesses. Despite this, Beasley saw growth in digital and political advertising. They earned $1.2 million in operating income this quarter, a significant improvement from last year’s $85.5 million loss, which included large non-cash impairment costs. This quarter’s net loss was $3.6 million, much lower than last year’s $67.5 million loss, as Beasley reduced expenses and interest costs. Digital revenue continues to grow, now making up 19.4% of total revenue. Beasley’s CEO, Caroline Beasley, noted that digital transformation and political ads helped offset challenges in traditional radio advertising. She emphasized ongoing efforts to streamline operations, improve finances, and focus on their digital platforms. To see the full report please click here.

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

Yesterday’s (11/4) Top News/Talk Media Stories

POLLS AND PREDICTIONS:  The presidential race was supremely dominant on the top talk media stories list yesterday (11/4) on Election Eve.  Conversation focused primarily on polls and predictions.  Other top issues of discussion emanating from that included abortion rights, the economy, media bias, war and rising tensions in the Middle East and Central Europe, and the ever-present migrant/border crisis according to ongoing TALKERS research.

 

Industry News

NYTimes: “Interview” With a Dead Luminary on Polish Radio Station Ignites Backlash Against A.I.

According to an article published yesterday (11/3) in The New York Times written by reporter Andrew Higgins, when a state-funded Polish radio station canceled a weekly show featuring interviews with theater directors and writers, the host of the program went quietly, resigned to media industry realities of cost-cutting and shifting tastes away from highbrow culture. But his resignation turned to fury in late October after his former employer, Off Radio Krakow, aired what it billed as a “unique interview” with an icon of Polish culture, Wislawa Szymborska, the winner of the 1996 Nobel Prize for Literature. The terminated radio host, Lukasz Zaleski, said he would have invited Szymborska on his morning show himself, but never did for a simple reason: She died in 2012. The station used artificial intelligence to generate the recent interview – a dramatic and, to many, outrageous example of technology replacing humans, even dead ones. Zaleski conceded that the computer-generated version of the poet’s distinctive voice was convincing. “It was very, very good,” he said, but “I went to her funeral, so I know for sure that she is dead. ”The technology-enabled resurrection of the dead poet was part of a novel experiment by Off Radio Krakow, an arm of Poland’s public broadcasting system in the southern city of Krakow. The aim was to test whether A.I. could revive a moribund local station that had “close to zero” listeners, according to the head of public radio in Krakow. The station also planned from-the-grave interviews with other dead people, including Jozef Pilsudski, Poland’s leader when it regained its independence in 1918. Novelty value – and a storm of public outrage – worked to bolster Off Radio Krakow’s audience, which the head of Radio Krakow said grew to 8,000 overnight from just a handful of people after the introduction of three A.I.-generated Generation Z presenters – Emilia, 20, Jakub, 22, and Alex, 23, each of whom had a computer-generated photograph and biography on the station’s website. Less welcome than the audience surge, however, has been a barrage of abuse directed at the public broadcasting system and accusations that it was sacrificing humans on the altar of technology.  To read the entire article published yesterday in The New York Times, 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 Views

MORE ON FAIR USE: Using the Audio/Video Content of Others Can Transform a Work into a Sum Greater Than Its Parts – Or Be a Legal Headache

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

Matthew B. Harrison, Esq.As media creators in radio and podcasting explore ways to legally incorporate external audio, the fair use factor of “purpose and character” is crucial. This factor assesses whether the use is “transformative”—adding new expression or meaning—or merely reproduces the original’s essence, potentially infringing on copyright.

Examples from popular platforms provide guidance. Podcaster Joe Rogan, for instance, often uses clips to build commentary and analysis, which could support a fair use defense due to its transformative nature (though others may argue the additions don’t significantly alter the original). Defining “transformative” is challenging, especially when the original creator disagrees on whether substantial new meaning has been added.

Transformative use in podcasts.  In podcasting, many creators use news clips or sound bites to provide commentary or critique, adding analysis or humor that can help support a fair use claim. For example, “The Joe Rogan Experience has used various clips and video snippets with added commentary. While Rogan’s show hasn’t faced significant legal challenges for these uses, adding commentary could bolster a fair use defense.

Hypothetical: satire on a radio show. Consider a radio show that incorporates political speech snippets for satire. If the use is genuinely transformative, adding new expression or meaning, it may meet fair use standards. However, the line is thin, especially if the clip isn’t significantly altered. Precedents like Campbell v. Acuff-Rose Music, Inc. inform how courts may handle parody and transformation in fair use.

Example: news clip commentary in political podcasts.  Political podcasts like “The Daily” from The New York Times often use brief clips to provide in-depth commentary on current events. For instance, they might use a clip from a politician’s speech to add a critical or alternative perspective. In such contexts, courts are more likely to view the use as transformative, particularly if it builds on or challenges the original content. These scenarios illustrate the balance media creators must strike in using third-party audio. Whether adding commentary, satire, or criticism, the goal is to transform the original content meaningfully, beyond simple replication. Understanding fair use’s “purpose and character” factor helps media creators leverage third-party content responsibly, aligning with legal standards.

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

 

Industry News

Top News/Talk Media Stories this Past Weekend (11/2-3)

The presidential race dominated the weekend talk media discussions (11/2-3), highlighted by each candidate’s “closing case.” VP Kamala Harris‘s appearance on SNL got a buzz as did NBC’s response to backlash with an offer of equal time to former President Donald Trump. Women’s health issues and abortion rights were dominant topics. This was followed by fear of escalating violence in Central Europe and the Middle East. Other topics in the mix were the economy, the migrant crisis, and talk of Trump’s plan to put Elon Musk and Robert Kennedy Jr. in positions of influence in his administration according to ongoing research from TALKERS.

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

Cumulus Media Reports Operating Results for the Third Quarter 2024

Cumulus Media LogoCumulus Media Inc. today (11/4) announced operating results for the three and nine months ended September 30, 2024. Mary G. Berner, president and CEO of Cumulus Media, said, “During the third quarter, we delivered revenue and EBITDA in-line with pacing commentary and analyst estimates. Given the market challenges, we maintained our focus on what we can control. Specifically, we continued investing to drive growth in our digital businesses, including in digital marketing services which increased revenue nearly 40% in the quarter; capitalizing on areas of improvement in national and political ad spending; maximizing operating cash flow; and improving operating leverage through ongoing expense reductions.” Berner continued, “Looking forward, the advertising environment remains uncertain. Nonetheless, Cumulus has a valuable set of assets with which to navigate that uncertainty including: profitable and fast-growing digital businesses; a vast national platform that can reach audiences whenever and wherever they choose to listen; extensive feet-on-the-street local sales capabilities which allow us to walk product through the door; premium programming with particular strength in sports and news/talk; an extensive untapped audio library; and a leadership team with a strong track record of expense management and disciplined stewardship of capital. As we continue to execute against our priorities, we see many paths for leveraging these assets to maximize the value they produce for our shareholders.”

Q3 Key Highlights:

Posted total net revenue of $203.6 million, a decline of 1.8% year-over-year

Generated digital revenue of $40.0 million, up 7.5% year-over-year

     • Grew digital marketing services by 38% driven by an increase in new customers, improved customer retention and higher average order size

     •  Increased number of radio-only customers who also bought digital marketing services by 32% year-over-year

     •  Increased digital revenue to 20% of total company revenue

  Recorded net loss of $10.3 million compared to net income of $2.7 million in Q3 2023 and Adjusted EBITDA(1) of $24.1 million compared to $26.9 million in Q3 2023

  Generated $3.9 million of cash from operations 1

  Reported total debt of $673.0 million, total debt at maturity of $642.1 million, and net debt less total unamortized discount of $590.0 million at September 30, 2024, including total debt due in 2026 of $23.9 million.

For further information and the full report, please contact: Cumulus Media Inc. Investor Relations Department IR@cumulus.com 404-260-6600.

 

Industry Views

News/Talk Radio Mainstay Lars Larson is this Week’s Guest on Harrison Podcasts

UCFO Michael Harrison - Lars Larson
Do people get the media and government they deserve? Is the mainstream press really “fake news” and unfair to the MAGA movement? What are the true threats to American democracy at play in this rapidly changing era?  Lars Larson is this week’s featured guest on the TALKERS MEDIA YouTube video channel’s “Up Close Far Out with Michael Harrison” and the award-winning PodcastOne audio series, “The Michael Harrison Interview.”  Larson, ranked #14 on the 2024 TALKERS Heavy Hundred and approaching his 50th anniversary in broadcasting, hosts two syndicated versions of his long-running 12:00 noon to 4:00 pm (PT) show on flagship station, KXL, Portland, OR.  One is carried on approximately 26 Radio Northwest Network (RNW) stations in Oregon, Washington, and Idaho.  The other is heard on more than 100 stations across the nation on the Compass Media Networks.  During his illustrious career, Larson has been the recipient of more than 70 awards from the Associated Press, Society of Professional Journalists, and the National Press Club, as well as two Emmys and a Peabody for his reporting and documentaries.  In a candid discussion that covers a variety of contemporary hot button issues, Larson provides the conservative media perspective on the controversial Trump Rally at Madison Square Garden along with his take on mainstream news coverage, in general, of the 2024 presidential race.  The conversation also taps into burgeoning Middle East tensions, social media, artificial intelligence, the state of journalism, the First Amendment, privacy rights, the power of TV to distort reality, plus the tenets of Marxism, Naziism, socialism, and capitalism, as well as the unique political makeup of the Portland area.  Don’t miss this!

To view the video in its entirety, please click here.

To listen to the audio version in its entirety, please click here. MHInterview.com

Industry News

Nielsen Publishes “The Record” – Q3 U.S. Audio Listening Trends

Nielsen Graphic
Click to see a larger version of this chart.

Yesterday (10/30) Nielsen published The Record: Q3 U.S. Audio Listening Trends. The Record is a quarterly report card on how U.S. consumers spend their audio listening time, fueled by data from Nielsen and Edison Research.

Here are some highlights from the Q3 report:

Audio accounts for nearly 20% of daily time; in Q3 2024 that translated to 3 hours and 57 minutes of daily listening across both ad-supported and ad-free platforms like radio, podcasts, streaming music services and satellite radio.

From July to September 2024, listeners spent 67% of their daily time with ad-supported audio with radio, 18% with podcasts, 11% with streaming audio services and 3% with satellite radio.

Among 18-34 year-olds, radio now accounts for the majority of daily time spent with ad-supported audio, growing to 51% in Q3 vs. 48% in Q2.

Listening share for podcasts among 18-34 audiences decreased for the second consecutive quarter to 31%, down from 35% in Q2 and 37% in Q1.

To see the full report, please click here.  The Record: Q3 U.S. Audio Listening Trends

 

Industry Views

TALKERS Legal Series on Fair Use (Part 6): The Law in Modern and Complex Situations

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

Matthew B. Harrison, Esq.This sixth installment in our ongoing series on fair use focuses on the application of the law in modern and complex scenarios.

Using audio or video clips created by others often involves complex copyright considerations, especially as fair use law doesn’t automatically protect unauthorized use of media content. Cases of podcasting and talk show infringement have shown that even short clips can trigger copyright issues if they’re used in a way that substitutes the original work or diminishes its market value. It certainly can trigger flags when scanned by an algorithm.

Creators often and mistakenly believe they can legally use short clips if they’re under a specific length (often thought to be 30 seconds), but in reality, no such rule exists. Even brief clips can infringe if they are used without transforming the content or if they impact the original work’s market potential. In this vein, legal experts recommend that podcasters and media creators obtain clear permissions or licenses when using audio clips from other shows or content sources. This is especially pertinent in podcasting, where fair use is limited and can quickly lead to legal complications without the proper usage guidelines or transformative context, such as commentary or criticism.

For example, in Napster-related cases, where the focus was initially on music, courts have generally ruled against using protected content, focusing on whether the use directly impacts the market or presents a substitute for the original work. Similarly, podcasters have faced claims when broadcasting segments of popular music or clips without the required permissions, even when they used only a few seconds. To mitigate risks, media creators should consider alternatives like royalty-free audio sources or secure direct permission from copyright owners, particularly when using media that does not contribute new, critical commentary to avoid copyright liability.

Several recent copyright infringement cases have involved YouTubers and podcasters. Some cases focus on using music without obtaining necessary licenses. For example, podcasters must often secure more than just a basic ASCAP or BMI license to use music tracks, as these don’t cover all usage rights. Failing to do so has led to infringement claims against podcasters who assume that crediting a musician or using only a few seconds of a track falls under fair use, which is not always the case. Many amateur podcasters and content creators mistakenly think brief use is permissible, overlooking the need for comprehensive music licensing to avoid legal issues.

Another example is the widely reported allegations of copyright infringement in the true crime podcast sphere. Shows like “Crime Junkie” faced accusations of copying research verbatim from other sources without proper credit, highlighting the broader issue of plagiarism and copyright misuse in podcasting. Many true crime podcasts rely heavily on sources without clear attribution, leading to disputes and potential litigation due to copyright and ethical concerns. The decentralized nature of podcasting platforms makes enforcement challenging, though the legal stakes continue to rise with the medium’s growth.

These cases underscore the importance of understanding and securing permissions in podcasting and online media, especially as the medium becomes more professionalized and competitive.

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

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 Views

MH: Rogan-Trump Podcast Marks New Media Evolutionary Tipping Point

imMedia analyst, broadcaster, and trade journal publisher Michael Harrison appeared on the popular Jeff Katz afternoon drive show on WRVA, Richmond yesterday (10/29) to discuss comments he made earlier in TALKERS about the historic significance of former President Donald Trump‘s recent three-hour guest spot on the “Joe Rogan Experience” podcast. To listen to the fascinating discussion, please click here.   

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 5): The Balance Between “Exposure” and “Value” in Copyright Law

Industry News

MH: Trump on Rogan Podcast Illustrates Talk Media Realignment

TALKERS publisher Michael Harrison stated, “Although it has been many years in the making, this past Friday’s (10/25) three-hour appearance by former President Donald Trump on the ‘Joe Rogan Experience’ podcast will take its place in communications history as the singular event that clearly symbolized, beyond a shadow of doubt, the realignment of platform influence in the hierarchy of the talk media universe.” Rogan and TrumpAt the Monday morning (10/28) TALKERS editorial meeting, Harrison said, “The hoopla over this podcast appearance and its enormous profile within election news coverage clearly indicates we have arrived at a point where the terms ‘mainstream,’ ‘legacy,’ ‘alternative,’ ‘grassroots,’ and the like have to be reevaluated in conveying impact and importance – both individually, and certainly collectively – in the marketplace of ideas and the industries that serve it.”  Harrison added, “This is especially true of Rogan’s individual impact as indicated by 1) the deference he was paid by a former president and major party candidate in showing up three-hours late for a live rally attended by thousands in which he actually implied that this podcast interview was a priority and more important to ‘winning’ than arriving on time for the event; 2) the tsunami of news coverage this podcast generated; 3) the passive aggressive irreverence granted a somewhat oblivious Trump by Rogan both during and following the interview; and 4) the sheer enormity of Rogan’s raw numbers on Spotify and YouTube, unfettered by FCC regulation.”