Fair Use in 2025: The Courts Draw New Lines
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Legal Group, Senior Partner
Goodphone Communications, Executive Producer
Imagine an AI trained on millions of books – and a federal judge saying that’s fair use. That’s exactly what happened this summer in Bartz v. Anthropic, a case now shaping how creators, publishers, and tech giants fight over the limits of copyright.
Judges in California have sent a strong signal: training large language models (LLMs) on copyrighted works can qualify as fair use if the material is lawfully obtained. In Bartz, Judge William Alsup compared Anthropic’s use of purchased books to an author learning from past works. That kind of transformation, he said, doesn’t substitute for the original.
But Alsup drew a hard line against piracy. If a dataset includes books from unauthorized “shadow libraries,” the fair use defense disappears. Those claims are still heading to trial in December, underscoring that source matters just as much as purpose.
Two days later, Judge Vince Chhabria reached a similar conclusion in Kadrey v. Meta. He called Meta’s training “highly transformative,” but dismissed the lawsuit because the authors failed to show real market harm. Together, the rulings show that transformation is a strong shield, but it isn’t absolute. Market evidence and lawful acquisition remain decisive.
AI training fights aren’t limited to novelists. The New York Times v. OpenAI case is pressing forward after a judge refused to dismiss claims that OpenAI and Microsoft undermined the paper’s market by absorbing its reporting into AI products. And in Hollywood, Disney and Universal are suing Midjourney, alleging its system lets users generate characters like Spider-Man or Shrek – raising the unsettled question of whether AI outputs themselves can infringe.
The lesson is straightforward: fair use is evolving, but not limitless. Courts are leaning toward protecting transformative uses of content—particularly when it’s lawfully sourced – but remain wary of piracy and economic harm.
That means media professionals can’t assume that sharing content online makes it free for training. Courts consistently recognize that free journalism, interviews, and broadcasts still carry market value through advertising, sponsorship, and brand equity. If AI systems cut into those markets, the fair use defense weakens.
For now, creators should watch the December Anthropic trial and the Midjourney litigation closely. The courts have blessed AI’s right to learn – but they haven’t yet decided how far those lessons can travel once the outputs begin to look and feel like the originals.
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@HarrisonLegalGroup.com
Ninety seconds. That’s all it took. One of the interviews on the TALKERS Media Channel – shot, edited, and published by us – appeared elsewhere online, chopped into jumpy cuts, overlaid with AI-generated video game clips, and slapped with a clickbait title. The credit? A link. The essence of the interview? Repurposed for someone else’s traffic.
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An annual physical is a wise idea. Doc asks, “How are you doing?”. Then he or she asks some detailed questions based on your medical history. Then “how have you been feeling? Any issues?” Doc always orders blood draws to see what might be lurking. Is the statin drug keeping your cholesterol in check? Are you getting plenty of exercise, plenty of sleep? How’s your diet? Over the years, I’ve visited about my health with at least a dozen different doctors. I’m convinced that the good ones always ask good questions and then listen carefully. Good questioner – good listener. That’s the doc I can respect and put my trust in.
Salem Podcast Network’s “The Charlie Kirk Show” remains ranked #5 while Cumulus Podcast Network’s “Shawn Ryan Show” rises one place to #6. Other talk radio related shows of note include: Cumulus Podcast Network’s “VINCE” dipping three places to #13; iHeart Audience Network’s “Clay Travis & Buck Sexton Show” rising two places to # 14; and Cumulus Podcast Network’s “Mark Levin Show” falling six places to #35. 
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The problem with technocrats is they believe computer programs and machines solve all problems. A technocrat in charge of a business will it kill it, for sure. For example, once a movie theatre is automated, not requiring a pesky projectionist or even a snack counter attendant, you and I would still not buy a ticket – unless the theater was showing an actual MOVIE!
Baby Boomers (born 1946–1964) are some 20% of the U.S. population, but control more than 50% of all household wealth. They hold $70+ trillion in assets and spend an estimated $548 billion annually. They are lifelong AM/FM listeners, and they’re redefining what life after 60 looks like. Are you into what they’re up to?
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You did everything right – or so you thought. You used a short clip, added commentary, or reshared something everyone else was already posting. Then one day, a notice shows up in your inbox. A takedown. A demand. A legal-sounding, nasty-toned email claiming copyright infringement, and asking for payment.
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“Hi, there, everyone – Greg Papa here, host of KNBR The Sports Leader’s “Papa & Silver” and voice of the San Francisco 49ers. I want to share some personal news with Bay Area sports fans and my friends and colleagues. I have been diagnosed with cancer and am currently undergoing treatment. As I fully focus on my treatment and work toward a full recovery, I’m stepping away from my broadcasts but look forward to returning soon. In the meantime, I am handing The Sports Leader broadcast ball to my co-host and friend Greg Silver, and I know he and his guest co-hosts will keep our listeners entertained and informed – and I’ll be among them; I’ll be listening! Thanks to everyone for your prayers and good wishes as I begin this fight. Go Niners!!” Photo: KNBR The Sports Leader
Unintentionally, your poorly phrased comment, dated reference, weary cliché, or offhand remark can at least subtly distance you from your listener and could undercut your credibility, offend, or even spark backlash.
and achievements of women in media.” The Gracies Gala takes place May 19, 2026, at the Beverly Wilshire and the Gracies Luncheon happens June 16, 2026, at Cipriani 42nd Street in New York City. AWMF president Becky Brooks says, “Following a landmark 50th anniversary season, we remain inspired by the power of women’s voices in shaping our media landscape. The 51st Gracie Awards will honor the enduring influence of those who paved the way and spotlight the voices who continue to challenge, innovate, and lead. As we look to the future, we are committed to elevating the diverse and brilliant stories women bring to audiences every day.”
She brings to the microphone more than two decades of experience in communications and marketing across both commercial and political sectors, with commentary featured on FOX News Channel and Univision, as well as published opinion pieces in The Baltimore Sun. She grew up attending Maryland schools while her father served as an Army officer and returned home after graduating from the University of South Florida.” Aviles comments, “As WBAL celebrates its 100th year on the air, I’m incredibly honored to join this legacy of broadcasting and to bring my voice to Maryland’s afternoon drive. This show will be about real conversations – local, national, cultural – I’m excited to connect with listeners every day.”
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for free markets, Gomez called out the FCC’s role and Paramount for “cowardly capitulation.” Trusty said, “This transaction reflects the free market at work, where private investment, not government intervention, is preserving an iconic American media institution. During its review of the transaction, the Commission determined the merger was lawful and would serve the public interest. This deal brings fresh 
leadership, new capital, and a clear plan to compete with dominant tech platforms.” Gomez stated, “In an unprecedented move, this once-independent FCC used its vast power to pressure Paramount to broker a private legal settlement and further erode press freedom. Once again, this agency is undermining legitimate efforts to combat discrimination and expand opportunity by overstepping its authority and intervening in employment matters reserved for other government entities with proper jurisdiction on these issues. Even more alarming, it is now imposing never-before-seen controls over newsroom decisions and editorial judgment, in direct violation of the First Amendment and the law… The Paramount payout and this reckless approval have emboldened those who believe the government can – and should – abuse its power to extract financial and ideological concessions, demand favored treatment, and secure positive media coverage. It is a dark chapter in a long and growing record of abuse that threatens press freedom in this country.”
Mark Walters
Conventional industry wisdom: “If our morning star leaves, we’re dead. How could we replace them?”
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