When Borrowed Becomes Stolen: The Fair Use Line for Talk Hosts and Podcasters
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
Jimmy Kimmel’s first monologue back after the recent suspension had the audience laughing and gasping, and, in the hands of countless radio hosts and podcasters, replaying. Within hours, clips of his bit weren’t just being shared online. They were being chopped up, (re)framed, and (re)analyzed as if they were original show content. For listeners, that remix feels fresh. For lawyers, it is a fair use minefield.
Playing the Clip, Owning the Take
Audiences increasingly expect their favorite talkers to “play the clip,” whether it is from Kimmel, Stephen Colbert, Sid Rosenberg, or Charlamagne tha God on The Breakfast Club (a show that seems to go viral every other week), and then add their own color commentary, the kind of play-by-play that makes it feel like the home team is calling the action. That format works. It gives context, tone, and a sense of immediacy that no transcript can match. Done right, it is what transforms a broadcast from just a recap into a fulfilling cultural conversation.
But with every replay comes a risk. Fair use does not mean free use. Courts weigh factors like how much of the original work you used, whether your purpose was transformative, and whether your use cuts into the market value of the original. Playing a short excerpt of Kimmel’s joke before riffing on it? Likely fair. Running half the monologue and treating it as your A-block? That edges into trouble, both legally and from a programming perspective. Why would anyone want to hear your take if your “take” is mostly replaying someone else? That is not adding to the common zeitgeist; it is just echoing it.
The Podcaster and Broadcaster Dilemma
Radio hosts have long leaned on “newsworthiness” as a shield. Podcasters often assume the same rules apply. But here is the distinction: news clips and comedy bits are not treated equally in court. A station rebroadcasting a press conference is serving public information. A podcast re-airing Kimmel is competing directly with Kimmel’s own clips on YouTube. One informs, the other risks replacing.
And while linking to ABC or YouTube is a courtesy, just as crediting them in the video itself might be, it does not replace the traffic (and ad dollars) Kimmel’s team expects. The law does not guarantee creators compensation for commentary, but judges do consider market harm. If your listeners stop watching the original because your show already gave them the “best parts,” you have tilted the scale against yourself. John Oliver is often credited (though no one seems able to find the clip): “People are always going to say stupid things, and you’re always going to be able to make jokes about that, but it should be the last thing you add in, because it is the easiest thing.”
Whether he actually said it or not almost proves the point. Recycling someone else’s words without context is the laziest move in the book. And if you cannot find the source? That is about as meta as fair use gets.
The Takeaway
Here is the smart play: use less and say more. A 20-second clip followed by two minutes of commentary is transformative. A five-minute clip with a shrug and a chuckle is not. Audiences do not tune in to hear Kimmel again. They tune in to hear what you think about Kimmel. The moment you let someone else’s content carry your show, you lose both legal ground and creative authority.
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.

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Amazon learned that there are high volume sales for specific categories of products. High demand equals high value to the seller. Items such as diapers, printer ink, staplers, batteries, etc. Being brilliant, Amazon created “Amazon Basics.” Same products, white labeled. Amazon doesn’t manufacture batteries; they just slap their logos on what America needs most. That’s why Mr. Bezos has a bigger boat than you.
In an opinion piece for TALKERS, radio pro Erik Cudd writes, “In such a time as this, because radio is the medium I know best and love most, I write this appeal to those influential in news/talk. My hope is that you will step forward once again as the architects and innovators you have always been and raise a rallying cry for this unique moment. The freedoms and ambitions that make the format so vital also create challenges. By design, it invites sharp opinions, spirited disagreement, and cultural edge. Those qualities are its strengths. But in our current climate, they also carry the risk of drifting into tribalism and rhetoric that can spill over into something more dangerous. This is not an implication that I believe news/talk is responsible for the death of Charlie Kirk. I would like to be crystal clear. What I am saying is that a perfect storm has been gathering for many years, and no one can deny the polarized, charged landscape we now inhabit. And that storm is not radio’s sole responsibility.”
Radio programmers and sales managers know the drill: The GM drops an idea, a client makes a request, or a listener offers feedback – and the reflex is to jump straight into execution. But what if the real opportunity lies not in what’s asked for, but in what’s actually needed?
Audacy’s WFAN, New York enters into a strategic partnership with creator-led digital sports media company Jomboy Media to air the “Talkin’ Yanks” show each Saturday at 2:00 pm ET. Audacy chief business officerand New York market president Chris Oliviero says, “WFAN and Jomboy Media both are committed to bringing Yankees fans the most relevant and engaging content of their favorite team whenever and wherever they want to consume it. Together, the combined influence and reach of both brands will elevate the experience for the pinstripe faithful and shine an even greater spotlight on New York’s all-time pastime, baseball.”
Bruce DuMont
Salem Media Group recruits Australian media personality Erin Molan to host an eponymous podcast for the Salem Podcast Network. Molan says, “The American market has always felt like such a natural fit. The focus on my former show on Sky News Australia was always more heavily skewed towards foreign affairs, U.S. politics, national security, and COMMON SENSE! When clips started to go viral in the United States, I figured there was an appetite there for what I had to say!” Salem SVP spoken word Phil Boyce comments, “I really believe Erin Molan is the ‘thunder from down under.’ She is fighting hard for the right side in Australia, and now we are helping her make her case to the U.S. and beyond. She is a strong advocate for Israel and against anti-Semitic rhetoric, so I can’t wait to hear her get started.”
My kitchen faucet wouldn’t shut off. It died, of old age. Things start doing that when your “new” house turns 25.
After 40 years on the air in the Rochester market, legendary radio personality Brother Wease is exiting iHeartMedia’s talk WAIO-FM where he’s been hosting the late morning show for the past two years (he’d been hosting the morning drive show there since November of 2008). According to the Democrat & Chronicle, Brother Wease told his audience that the company is flipping the talk station to rock and he, along with air personality Deanna King, are being let go. Brother Wease launched his on-air career on rock WCMF in 1984 in overnights and moved to morning drive in 1985. The show took off and became a highly successful one in the market for years. He left WCMF in late 2007 after contract talks with then-Entercom broke down and resurfaced on WAIO.
According to a report in Barron’s, Premiere Networks talk host Buck Sexton filing a federal lawsuit against RAD Diversified REIT, alleging they defrauded him of more than $100,000. In the complaint, Sexton alleges that RAD founders Dutch Mendenhall and Amy Vaughn solicited cash from him for investment coaching for property deals, neither of which ever happened. The story notes that this suit comes just weeks after Florida’s attorney general announced a probe into RAD saying the firm “appears to be a Ponzi scheme.” Sexton’s attorney writes in the complaint, “Despite being an experienced real estate investor, Mr. Sexton was taken in by the documents and investment returns touted by Mendenhall and his representatives. The defendants’ grand promises of sweeping returns never materialized.”
Sports Radio channel for a daily sports show that airs live at 1:00 pm ET. In addition to that, Smith is debuting his politics and culture show called, “Straight Shooter with Stephen A. Smith,” that will debut September 17 on SiriusXM’s P.O.T.U.S. channel, airing live at 6:00 pm each Wednesday. “Straight Shooter” is also being made available as a podcast the next day. Smith says, “I’ve spent my career speaking my mind, asking tough questions, and zeroing in on the issues that matter most. Whether it’s my new sports show on Mad Dog Sports Radio or talking politics on P.O.T.U.S., I’m here to challenge, entertain, and engage SiriusXM listeners.”
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.
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.
technical operations. This one-of-a-kind, year-long mentorship pairs a rising professional with a seasoned industry leader to provide one-on-one coaching and deep exposure to the technical side of the broadcast industry.” The selected mentee will gain hands-on insight into critical areas including FCC compliance, RF systems, EAS, IP-based broadcast systems, automation, and network operations. The program also explores key aspects of IT, remote broadcasting, digital audio, streaming, and systems integration, equipping participants with both the knowledge and connections to lead confidently in the evolving audio landscape. In addition, the chosen mentee will attend the 2026 NAB Show in Las Vegas. MIW Board President Sheila Kirby says, “The LAUNCH program is a cornerstone of MIW’s mission to open doors for women in every corner of broadcasting. By focusing on engineering and technical operations, we’re not only providing critical skills and mentorship, but also ensuring that women have a strong voice in shaping the future of our industry. We are deeply grateful to Mr. Master, Premiere Networks, and of course the NAB Leadership Foundation for their support in helping us prepare the next generation of broadcast leaders.”
says, “Tommy’s deep roots in the Los Angeles media landscape, combined with his passion for building brands and connecting with the community, make him the ideal leader for ‘ESPN LA.’ He has excelled at leading teammates across sales, marketing, and support, serving as a strong conduit between those areas and the content team. His proven track record of innovation and results will continue to elevate the brand’s reach and impact with fans and partners.” Lam comments, “I am honored to take on this role and continue building on ESPN LA’s momentum. Los Angeles is one of the most dynamic sports markets in the world, and I’m excited to work with our talent team to deliver outstanding experiences for our fans, partners and teammates.”
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.
Rams. ESPN LA VP and market manager Sam Pines says, “The Los Angeles Rams are one of the most exciting and dynamic franchises in the NFL, and we are proud to be their partner and the radio home. This partnership allows us to deliver unmatched access, exclusive content, and the passionate game-day energy Rams fans deserve on the radio, online, on our app, and everywhere else they connect with us and our talent.”
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?
sports talk KSAC-AM/K284CM, effective September 2. This comes five years after he was fired by Bonneville’s KHTK, Sacramento and the Kings after a social media exchange with former Kings player DeMarcus Cousins about the Black Lives Matter movement and used the phrase, “all lives matter.” Napear sued Bonneville and lost but is currently appealing that ruling. Napear tells the Bee, “It’s going to be the Grant Napear show that people have listened to for decades. I’m competitive. I’m not only coming back to Sacramento. I’m coming back to win.”
change; it’s the launch of a dynamic new digital platform delivering hard-hitting conservative news, thought provoking opinions, and exclusive investigative reports headlined by Jason Rantz. ‘Seattle Red’ will be the definitive home for conservative content, expanding our reach, sharpening our brand, and doubling down on our mission to challenge the status quo.” It adds, “At the heart of ‘Seattle Red’ is Jason Rantz, whose live and local content brings a distinctly Seattle perspective to issues that matter most.” KTTH program director Jason Antebi says, “Our new identity as Seattle Red introduces a thriving community and home for conservatives in the Pacific Northwest. We’re building a media platform that amplifies bold voices, breaks real news, and isn’t afraid to challenge the narrative.”
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.
Myers/Naples; Jacksonville; Pittsburgh; Indiana, PA; Greensburg, PA; and Punxsutawney, PA) that do not overlap with Townsquare’s market footprint. Townsquare Ignite president Todd Lawley states, “We’re excited to partner with Renda Media to bring our market-leading digital advertising solutions to their expansive client base. Our success stems from a deep expertise in leveraging our proprietary in-house programmatic platform and data-driven strategies to deliver measurable value. Through this partnership, we look forward to equipping Renda Media with the tools, insights, and proven strategic approach needed to strengthen their digital capabilities and accelerate client growth.”
“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