Industry News

Motor Racing Anchor Jeff Striegle to Take the Checkered Flag on His NASCAR Career

As NASCAR crowns a Premier Series Champion this Sunday, November 10th at Phoenix Raceway, Jeff Striegle, Motor Racing Network lead anchor, will sign off for the last time capping a 27-year career with the network. Striegle has witnessed some incredible moments with MRN including in recent years the introduction of the Busch Clash at the L.A. Coliseum and Chicago Street Course, the closest finish in the history of the sport just this spring at Kansas Speedway, but for him “It’s hard to pick out just one racingim moment.” Striegle tells TALKERS, “There are so many amazing memories. For me, what I will miss most are the people. Everywhere we go, we meet wonderful people, great race fans that tell us, ‘We have been listening to MRN for years…’ they always want to thank us for what we do. Without the fans, there would be no need for the Motor Racing Network.”  “Throughout his time with the network Jeff has lent his talents to a number of positions around the racetrack before finding his way to the broadcast booth in 2013,” said MRN president Chris Schwartz. “His broadcast career began like so many others by working the public address booth providing the soundtrack for thousands of fans at his local racetrack, in Jeff’s case Berlin Raceway in Marne, Michigan. He has been involved with calling some of the sport’s most iconic moments, and it is fitting that the checkered flag will fall on his broadcast career by calling the final laps of another NASCAR Cup Series Championship.”  Motor Racing Network will have flag to flag coverage of the NASCAR Cup Series Championship Race Sunday, November 10th beginning at 2pm ET. The NASCAR Cup Series Championship Race will be carried LIVE on approximately 300 radio station partners across the United States, the NASCAR mobile app, and at MRN.com.  For affiliation in your area, contact Bob Quick, director, radio partnerships & traffic at Motor Racing Network by email at bquick@mrn.com or by calling 704-262-6713.

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

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

TALKERS News Notes

NAB Statement Regarding Attacks on the First Amendment. National Association of BroadcastersIn response to the recent lawsuit filed against CBS News, the following statement was released by NAB president and CEO Curtis LeGeyt:  “A free press must report, inform and scrutinize without fear of reprisal. Frivolous lawsuits aimed at stifling this essential role risk undermining democratic principles and ignore the First Amendment’s protection of how news is reported. NAB stands firmly with our members against any attacks on their First Amendment-protected reporting.”

 

Fisher House Foundation is Presenting a FREE Veterans Day Weekend edition of “The Fisher House Story.” imHear the demo and register today at radio.fisherhouse.org. “The Fisher House Story” is a radio special provided in varying lengths for news/talk radio stations as well as a 30-minute public affairs show for ALL formats in the U.S. and around the world.  The 3-hour, 1-hour, 25 and 30-minute radio specials (available FREE) are hosted by long-time radio personality Larry O’Connor and feature stories of our nation’s heroes, the families who serve by their side, and how Fisher House plays a role in their journey. The free download will be available on Thursday (11/7).  For more information on this radio special, available cash and barter free, contact Larry O’Connor at 562-665-9537 or loconnor@fisherhouse.org.

Industry News

WMAL’s Larry O’ Connor Interacts with Hillsdale Radio Curriculum

Larry and Scot

TALKERS Heavy Hundred radio star Larry O’Connor just wrapped up nearly two weeks of shows from the WRFH studios on the campus of Hillsdale College in Hillsdale, Michigan. He hosted his “O’Connor & Company” morning program on Newstalk 105.9 WMAL in Washington, DC, as he served as Eugene C. Pulliam Distinguished Fellow in Journalism. Larry also produced his daily Townhall streaming show “LARRY” from the complex. While at Hillsdale, he taught a one-credit class for its journalism students, “Broadcasting and Podcasting,” and also delivered a public lecture entitled “The Media and the 2024 Election.” Video of that lecture can be found hereScot Bertram, general manager, WRFH/Radio Free Hillsdale 101.7 FM tells TALKERS, “I was happy to play a small role in making this incredible show happen every day for listeners in our nation’s capital and around the country. It was a real pleasure to watch this well-oiled machine operate, led by Larry, executive producer Heather Hunter, and technical producer Michael Shelton. Our journalism students learned a lot from observing these shows and having the opportunity to talk with Larry and receive in-person advice.”  Pictured above: Larry O’ Connor (l) and Scot Bertram (r) at Hillsdale. (Photo by Austin Thomason.)

 

Industry News

Swearing In of a True Talk Radio Hero

Jeff Katz

WRVA, Richmond afternoon host Jeff Katz (pictured above left) has been appointed to the Virginia Board for People with Disabilities by Governor Glenn Youngkin. Katz was appointed to the seat which is filled by a Virginian who is an advocate for the disabled. Katz is shown taking the oath of office as administered by Secretary of the Commonwealth Kelly Gee (r).  Katz – a past recipient of the TALKERS “Humanitarian of the Year” award – has achieved a stunning record of public service for the people of his listening area stemming from his and his wife’s personal experience and lifetime commitment as the parents of a 21-year-old daughter, Julia Katz, challenged by global development disabilities.

Industry News

TALKERS News Notes

Len Berman ID

WOR, New York Morning Co-host Len Berman to Anchor Station’s First-Time Ever Live Coverage of New York City Marathon (11/3). iHeartMedia New York announced today (10/28) that Emmy award-winning New York City sports anchor Len Berman, currently heard from 6:00 am – 10:00 am weekdays on 710 WOR’s “Len Berman and Michael Riedel in the Morning,” will anchor 710 WOR’s live coverage of the 53rd TCS New York City Marathon on Sunday November 3.  This first-ever radio broadcast of the iconic New York City event will be heard from 8:00 am – 12:00 noon on 710 WOR-AM, Q104.3HD2, on the free iHeartRadio app, smart devices and at 710wor.com. “When iHeartMedia New York partnered with the New York Road Runners (NYRR) to produce this inaugural radio broadcast of the marathon, it was a no-brainer to put Len at the helm of the broadcast,” said Tom Cuddy, program director for 710 WOR.  “His association with New York sports, during his more than 50-year television career, and his ‘second life’ as co-host of the WOR morning show since 2015, ensure that Len will make this a can’t-miss broadcast.”  “I’m honored to be hosting WOR’s maiden voyage with the TCS New York City Marathon,” said Berman. “I’ve hosted TV coverage of the event many times and it’s consistently one of the best days of the year in the city. We look forward to conveying that same message to our listeners.”

 

WGN, Chicago Renews Contract with Host Lou Manfredini. WGN Radio today (10/28) announced a contract extension with host Lou Manfredini, the station’s do-it-yourself expert and mainstay for nearly 30 years. His call-in radio show “HouseSmarts Radio with Lou Manfredini” airs Saturdays, 6:00 am to 10:00 am, and delivers an entertaining mix of practical and useful home improvement advice. Lou Manfredini “I have been blessed to call WGN Radio home for the past three decades,” Manfredini tells TALKERS. “But in the end, it’s all about our listeners. I’m excited to continue to help them better understand how their homes work, show them they can have fun, and, of course, remind them to never hold a nail for someone else.”  The Chicagoland native will be celebrating his 30th anniversary on WGN Radio in 2025. Mr. Manfredini first appeared on the station as a guest on the Bob Collins Show in 1995 following a letter writing campaign to pitch a call-in home improvement show on WGN.  “We are delighted that Lou will be with us for his 30th year and beyond,” said WGN Radio VP/GM Mary Sandberg Boyle. “In the nearly 30 years since first appearing on WGN Radio, Lou’s presence across the media world has evolved considerably. Yet, what truly sets him apart is his natural gift of connecting to and interacting with our listeners in the special way that only radio does. Making those listener ‘connections’ has historically been – and will continue to be – the very fabric of WGN 720.”  Manfredini can also be heard on weekday segments with John Williams (Mondays), Lisa Dent (Thursdays) and Bob Sirott (Fridays). Lou Manfredini is also a weekly contributor to WGN-TV’s Morning News.

 

Liberty News Radio and The Big Mig Rumble Channel to Present Election RoundTable 2024. Nationwide Broadcast Liberty News Radio and the Big Mig Show on Rumble are presenting what they describe will be a “captivating” live event, “Election RoundTable 2024,” to be held on November 5, 2024, between 7:00 pm – 12:00 midnight ET. Hosted by Sam Bushman, James Edwards, Dr. Scott Bradley, and Lance Migliaccio, the forum will feature a panel of notable experts including Sheri Richard Mack, Alex Newman, George Balloutine, Lew Moore, Lowell Nelson, Dave Krieger, Peter Scoop Stanton, and others. Highlights will include in-depth analysis of election dynamics, key issues, and candidate strategies. The forum is set to be a key resource for political enthusiasts and voters across the nation, providing a comprehensive look at the elements shaping the future of our Constitutional Republic. Liberty News RadioIt will be carried by LibertyNewsRadio.com or video stream at TheBigMigShow on Rumble. For additional information or press inquiries, please contact Sam Bushman at 801-756-9133 or LibertyRoundTable@gmail.com.

Industry Views

TALKERS Legal Series on Fair Use (Part 4): The Amount and Substantiality Factor

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

Matthew B. Harrison, Esq.With the growing popularity of talk media programs utilizing segments of other shows as key elements of scrutiny and commentary in their programming (“Clip Jockey Format” as coined by Michael Harrison), it is important that media content creators be aware of the subtle and often ambiguous rules applying to the legal aspects of this practice under the heading of fair use.

This is the fourth installment of a multi-part TALKERS Legal Series on Fair Use for the Media Creator. The first installment is here. The second installment is here. The third installment is here.

The “amount and substantiality” factor in fair use focuses on how much of the copyrighted material is used and whether that portion is essential to the original work. Despite seeming obvious, this factor can be nuanced, and determining how much use is fair can be challenging because it’s not just about the quantity but also about the significance of the portion used.


Is It Difficult to Distinguish?

In many cases, it’s not always obvious what qualifies as a “small” or “insignificant” portion. Courts often consider both the quantity, and the quality of the material used:

• Quantity: This factor asks if only a small part of the work has been used. Using a shorter clip from a video or a few sentences from a book could be more justifiable as fair use. But what qualifies as “small” can vary depending on the work—10 seconds from a short film may be seen differently from 10 seconds in a longer documentary.

• Quality: Even if a creator only uses a small part of the original work, using its “heart” or most memorable part might still count as substantial. For example, a few lines from a song’s chorus, though short, could be considered significant enough to impact fair use status.

Example Cases Highlighting Amount and Substantiality

To better understand this, it’s useful to look at cases that illustrate when the amount used was deemed fair or not:

• Harper & Row v. Nation Enterprises (1985): This case involved a magazine that used a few hundred words from an unpublished memoir by President Gerald Ford. Although this was a small percentage of the memoir, the excerpt contained key insights into Ford’s decision to pardon Nixon. The court held that this use was not fair because it included the most “substantial” and critical part of the memoir, even though the total percentage of text used was minimal.

• Campbell v. Acuff-Rose Music, Inc. (1994): Here, the hip-hop group 2 Live Crew used portions of Roy Orbison’s song “Oh, Pretty Woman” to create a parody. Even though the song’s recognizable parts were used, the new work was transformative in its purpose (a parody rather than a love song). Because the group’s use was a small part relative to the song’s total content and had a new purpose, the court found it was fair use.

Many books and law school classes have been devoted to this question – so let’s focus on Application in Media and Broadcasting

In radio and broadcasting, this factor is often relevant when using clips, songs, or interview segments from other sources. Using a small clip to support commentary or criticism is more likely to be considered fair use, especially if it does not contain the “heart” of the original work:

• Commentary on a Speech: If a talk show uses a brief part of a public figure’s speech to critique it, the fair use factor may weigh in favor of the radio station if it doesn’t take the most memorable segment.

• Use of Music in Shows: Music clips used for thematic transitions or commentary must be kept brief, as lengthy or highly recognizable parts can affect fair use status. Playing just a few bars might qualify, but a chorus or instrumental hook would likely cross the line. This is less of a mine field in traditional broadcast radio as existing license agreements, such as with ASCAP or BMI, may allow for such uses anyway. However, when focusing on the internet – it’s a completely different matter as no licenses have been formally given, yet there is an incentive for the copyright holder to have their work shared. It’s not cut and dry – which is why the following takeaways should be helpful when navigating forward.

Key Takeaways for Media Creators

• Use Minimal Amounts: The less you use, the more defensible your case for fair use, especially if you avoid the most recognizable parts.

• Avoid the “Heart” of the Work: Select portions that serve your purpose without including critical or memorable parts of the original material.

• Transformative Purpose Matters: If the use adds new meaning or serves a different function (e.g., satire, critique), it’s more likely to be deemed fair, even if it includes some key elements.

Summary

Understanding how much of the work a media creator can use while staying within fair use guidelines can be tricky, as this factor requires balancing quantity and significance. Media creators should focus on minimal use that contributes meaningfully to commentary, criticism, or other transformative purposes.

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

TALKERS News Notes

POWERFUL STORY!  The New York Times: Her Job Was Talking on the Radio. Then Suddenly, Words Wouldn’t ComeAlison StweartOne day last winter, Alison Stewart, the host of “All of It” on public station WNYC, New York was alarmed to find herself speaking gibberish. Stewart’s health crisis began on February 22, a day jump-started by a 6:00 am workout with her personal trainer. She was pushing herself to get back in shape after having donated a kidney to her sister six months earlier. The workout was routine, though she barely spoke, which was unlike her.  As the morning progressed, she began to feel confusion; she couldn’t engage in a lucid conversation or write a coherent text message. She headed into SoHo, to WNYC Studios, where she hosts the daily interview show “All of It,” and settled into her office to practice reading an introduction to a segment, but her phrasing hit roadblocks instead of flowing smoothly. Baffled, she sought out Kate Hinds, the show’s director. Hinds was taken aback. “She looked very upset, her skin a little gray,” she recalled. “The disintegration was so stark and alarming. I was terrified.” She urged her to see a doctor. Stewart’s doctor listened to her garbled words over the phone and told her to go straight to the emergency room. There, she was able to execute commands like touching her nose and walking backward and forward, signaling that she probably had not suffered a stroke, but a CT scan revealed a mass on her brain. Stewart, 58, was soon talking gibberish, a dreadful and mystifying development for a woman who made her living by talking. Her decline was so rapid that her colleagues wondered whether she would ever be on the radio again.  “I knew she was trapped in there,” said Tracy Christian, one of several friends who had rushed to her side.  Don’t miss a powerful, detailed story by reporter Julie Besonen about Alison Stewart’s remarkable surgery (while awake) under the direction of leading-edge neurosurgeon, Dr. Randy D’Amico, at Lenox Hill Hospital in Manhattan and her ongoing challenging recovery in yesterday’s edition of The New York TimesClick here.

 

Dr Daliah WachsMusic Group Gunhill Road Putting Final Touches on Talk Radio Anthem. Gunhill Road, the perennial pop music ensemble that has attracted hundreds of thousands of worldwide followers with its growing repertoire of issue-oriented songs and music videos, is currently in post-production with an anthem celebrating talk radio. Titled “Don’t Stop Talkin’” – the song is an uplifting and infectiously catchy tune about the vital role talk radio plays in serving the cause of American freedom of speech.  With lines that include “As long as you’ve got a voice, don’t ever stop!” and “As long as you’ve got the truth, don’t ever stop!” the original composition co-written by band members Steve GoldrichPaul ReischBrian Koonin, and Michael Harrison encourages talk radio practitioners to keep up the good work and great service they provide the nation.TALKERS Heavy Hundred syndicated host Dr. Daliah Wachs pictured above bopping to the music in a scene from the forthcoming video “Don’t Stop Talkin'” by Gunhill Road.

Gunhill Road
The images accompanying the music blend into a dynamic montage of individual radio talk hosts from different sectors of the industry in the process of doing their shows (and then some). The group invited talk show hosts from around the country – local and syndicated – to contribute video clips of themselves in action on the mic. And according to sources in the band, the number of contributions “more than met our expectations.” Gunhill Road video producer (and TALKERS VP/associate publisher) Matthew B. Harrison states, “The members of Gunhill Road are so grateful for the attention and airplay they have received over the years from talk radio that they want to give something special back to the industry and its medium.” The new song and video are expected to drop shortly after Election Day with a premiere on YouTube.  For more information about Gunhill Road please visit www.GunhillRoadMusic.com.

Industry Views

TALKERS Legal Series on Fair Use (Part 3): The Nature of the Copyrighted Work

Industry Views

TALKERS Legal Series on Fair Use (Part 3): The Nature of the Copyrighted Work

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

This is the third installment of a multi-part TALKERS Legal Series on Fair Use for the Media Creator. The first installment is here. The second installment is here.

The “Nature of the Copyrighted Work” is a key factor in fair use analysis, with courts more likely to allow the use of factual works, such as news reports, than highly creative works like music or films. The landmark case Feist Publications, Inc. v. Rural Telephone Service Co. established that mere facts, like telephone numbers, cannot be copyrighted unless presented with originality. In media, factual content like news clips may support a fair use defense, while creative works like syndicated talk shows are more protected. Broadcasters should add commentary or criticism when using factual material and be cautious when reusing creative content. Understanding this factual-creative spectrum is critical for media creators navigating copyright law.

In the context of fair use, courts are more likely to allow the use of factual works, such as news reports, historical accounts, or other informational content, than highly creative works like songs, movies, or artwork. The theory behind this is that factual works generally serve a public interest – society benefits from the free exchange of information and ideas, and we want “the system” to encourage this. On the other hand, creative works involve more personal expression, and copyright law is designed to protect that artistic effort (and allow for monetization thereof.)  This distinction plays a crucial role in determining fair use, as courts are more protective of creative works because they represent a higher degree of originality and personal investment.

Classic Case: Feist Publications, Inc. v. Rural Telephone Service Co. (1991)

A landmark case that helps illustrate this factor is Feist Publications, Inc. v. Rural Telephone Service Co., which asked whether copyright protection could be applied to a seemingly factual work: a telephone directory. In this case, Rural Telephone Service Co., a public utility, created a telephone directory of its customers’ names, addresses, and phone numbers. Feist Publications, a company that produced a larger, regional telephone directory, copied some of these listings and was sued by Rural for copyright infringement.

Rural argued that its directory was protected by copyright, but Feist countered that the information in the directory (names, addresses, and phone numbers) was purely factual and, therefore, not eligible for copyright protection.

The Supreme Court ruled in favor of Feist, stating that facts are not protected by copyright because they are not original to the author. The Court held that Rural’s directory did not qualify for copyright protection because it lacked creativity and originality – it was simply a compilation of facts (names and numbers). The case established the principle that mere facts are ineligible for copyright protection, even if they are compiled in an organized way.

This case is significant because it underscores that factual information, like a telephone directory, cannot be copyrighted unless there is a creative element involved in its presentation, such as an original selection or arrangement of the facts.

Application to Radio and Media:

When it comes to radio, news, or media content, the nature of the copyrighted work often comes into play, especially in cases where factual content (such as news clips or interviews) is being reused. Courts may treat factual works more leniently in fair use cases, allowing them to be repurposed for commentary, criticism, or reporting, as they serve a public interest. However, creative works, like talk shows, are given more protection because they represent original artistic expression. The more creative the work, the less likely its unauthorized use will be considered fair use.

An Example – Associated Press v. Meltwater U.S. Holdings (2013)

While not specific to radio, this case highlights the issue of using factual content in media. Associated Press (AP) sued Meltwater, a news aggregation service, for copying parts of AP’s news articles and distributing them without permission.

The court found in favor of the Associated Press, stating that even though AP’s articles contained factual information, they were written with creativity and journalistic skillthus, they were still copyrightable. The nature of the work was not purely factual, as it involved a degree of originality in the writing and presentation.  This case illustrates that while factual works may be more likely to fall under fair use, their specific presentation or creative treatment can still be protected.

Radio Case Example: Syndicated Content and Commentary

A case that touches on the nature of copyrighted works in radio can be seen in disputes over syndicated talk shows or political commentary. Stations that rebroadcast these shows without proper licensing agreements may argue fair use, but their success often depends on whether the work being used is factual or creative. For example, if a station replays a news clip or political speech, the fact that the content is factual might support a fair use defense. However, if they replay a syndicated talk show where a host offers personal opinions or creative commentary, it would be considered a more creative work, requiring higher protection. In some cases, radio stations have argued that the rebroadcasting of certain content (like portions of interviews or speeches) qualifies as fair use because it’s factual and in the public interest. Still, if the content also involves a unique editorial style or commentary, the courts may treat it as more creative and therefore not subject to fair use.

Practical takeaways for media creators:

• Factual vs. creative: When considering whether fair use applies, broadcasters should analyze whether the content they’re using is more factual or creative. Factual works (such as news reports) are more likely to be protected by fair use, while creative works (like music or dramas) are less likely.

• Add commentary or criticism: Even when using factual content, it’s crucial to add commentary, analysis, or criticism to support a fair use defense. Simply republishing factual material without transformation can still lead to copyright infringement.

• Be mindful of syndicated content: Syndicated content, such as talk shows, often involves a mix of factual information and creative opinion. Replaying such content without proper licensing can lead to legal challenges, as courts may view this as a use of creative work.

The nature of the copyrighted work plays a crucial role in fair use analysis. While factual works are more likely to be used under fair use, creative works enjoy stronger protection. Media creators, including broadcasters and radio stations, need to be aware of this distinction and ensure that their use of copyrighted material is both transformative and legally defensible. By understanding the factual-creative spectrum, media creators can better navigate the complexities of copyright law.

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

TALKERS News Notes

SiriusXM Announces Coverage for 2024-25 NBA Season. The satellite and internet broadcaster launched its coverage of the NBA’s 2024-25 season with a doubleheader featuring the reigning NBA Champion Boston Celtics hosting the New York Knicks, followed by the Minnesota Timberwolves facing off against the Los Angeles Lakers. This season, SiriusXM listeners will get access to live broadcasts of every NBA game through the NBA postseason and The Finals, as well as daily, in-depth NBA-focused programming on the SiriusXM NBA Radio channel.

PodcastOne Unveils the Explosive 10th Season of The Opportunist: “Tim Ballard: Unmasking a Hero.” PodcastOne announces the release of the latest season of its hit series, “The Opportunist,” hosted by veteran true crime author and podcast host Sara James McLaughlin. The new series delves into the dramatic rise and fall of Tim Ballard, the embattled founder of Operation Underground Railroad. Known for his work rescuing trafficked children, Ballard’s public persona hides darker allegations. McLaughlin takes listeners on a gripping investigative journey, featuring interviews with some of the women who have accused Ballard of sexual misconduct.

Industry Views

SABO SEZ: Move or Die!

By Walter Sabo
A.K.A. Walter Sterling, Host
Sterling Every Damn Night, WPHT, Philadelphia
Sterling On Sunday, TMN

Walter M. SterlingIf 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.

The public perceives radio to be live, current, and local. Those three ingredients are the foundation of radio’s hundred years of success and the envy of all other media. That’s right – ALL. OTHER. MEDIA.  Radio was born with the characteristics envied by newspapers, magazines, streaming, TV… name it.

The savior of the AM band was not a three-hour-a-day-host. The savior is all-news and local live. The FM formats that thrive and grow put up a live mirror to a city’s needs and tastes.  Stations that sound like their city, and no other city, do not just win – they dominate. The radio shark is the forward momentum of urgent local information, new ideas, new jokes.

When asked, most people will say, “I don’t think I listen to the radio much…” But they do. The problem is radio is not top of mind. Why not? Because radio must demand listener attention with urgent, new ideas, entertainment, and information. “Your favorites from the 90s and today” isn’t doing that. Listen to air checks of the double-digit share legends of top 40 night-time radio. They weren’t so great. BUT in every single break they announced the names of local schools, listeners, events – every break with urgency. The more listener names, the higher their shares. Radio math. The more listener names, the more live local points of reference, the higher the audience share.

Consider the stunning ratings of too many NPR stations. What accounts for their growth trajectory? Clock the percentage of time your local NPR station spends presenting local news, local information, and new ideas.

Compare that with any other station in the city. In its own dreary way, most NPR stations deliver on the presumed benefits of the medium of radio: Local, live, urgent ideas. Yes, many commercial stations command major ratings for the same reason: All-news stations, and hybrids such as WSB, Atlanta; KRLD, Dallas; New Jersey 101.5, WABC, New York; KFI, Los Angeles; WTAM, Cleveland; WPHT Philadelphia.

It’s sacred geometry: The more often a listener hears about their local, daily life, the higher go the ratings.

Consultant Walter Sabo A.K.A. Walter M Sterling has a nightly show “Sterling Every Damn Night” heard on WPHT, Philadelphia 9:00 pm – 12:00 midnight. His syndicated show, “Sterling On Sunday,” from Talk Media Network, airs Sundays 10:00 pm – 1:00 am ET, and is now in its 10th year of success. He can be reached by email at waltermsterling@gmail.com or Sabowalter@gmail.com.

Industry Views

MONDAY MEMO: Bleep?

By Holland Cooke
Consultant

F bomb

Industry News

September 2024 U.S. Podcast Ranker Released from Triton Digital Plus New Political Podcast Data

TritonTriton Digital has just released its U.S. Podcast Ranker for September 2024. The ranker is measured by Triton’s Podcast Metrics measurement service and includes a reporting period of September 2, 2024 – September 29, 2024.

Highlights this month include:

• iHeart Audience Network was the #1 Top Sales Networks Report, SiriusXM Podcast Network came in at #2, followed by NPR at #3.

• Top podcasts based on downloads included “NPR News Now” (NPR) at #1, “Up First” (NPR) at #2, and “Crime Junkie” (audiochuck) climbing to #3.

• Top podcasts for listeners were “NPR News Now” (NPR) at #1, “Crime Junkie” (audiochuck) at #2, and “Up First” (NPR) at #3.

• Top podcast debuts included “NFL Daily with Gregg Rosenthal (iHeart Audience Network), “Where Everybody Knows Your Name with Ted Danson and Woody Harrelson (sometimes)” (SiriusXM Podcast Network), and “All In With Chris Hayes” (NBCUniversal News Group).

Additionally, Triton Digital collaborated with Signal Hill Insights to uncover political podcast downloads and audience trends as the U.S. presidential election approaches:

• Political podcasts have seen a 28% increase in year-over-year downloads with incremental increases over the last six months.

• Twice as many downloads come from Democrat-leaning podcasts as Republican-leaning ones. Although Democrat-leaning podcasts still make up the majority of the political podcast market, they saw their listenership decline from 58% to 56% year-over-year while Republican podcasts rose from 23% to 28% of total political podcast downloads.

• The demographic profile of political podcast listeners reveals an older, highly educated, and affluent audience compared to the U.S. general 18+ population: 59.7% are college graduates, 31.9% report a household income exceeding $100,000, and nearly half (47.2%) are 55 years or older.

• While still affluent and educated compared to the U.S. Population, Republican-leaning podcast listener profiles under-index compared to Democrat and Independent-leaning podcasts on these attributes. Additionally, they boast the highest proportion (89.9%) of White/Caucasian listeners among the three political leanings. Democrat-leaning podcasts have attracted the highest proportion (17.4%) of Black/African American listeners.

• Independent-leaning podcasts claim the highest proportion (16.2%) of Hispanic listeners and are 68.2% college-educated, and 62.4% male.

Please click HERE and for more details.

Industry News

EDISON RESEARCH: The Race to Rogan – Who Will Candidates Reach on America’s Top Podcast?

Industry News Uncategorized

CBS Evening News Gives AM Radio Props for NC Disaster Relief

Industry News

Michael Berry Interviews WWNC, Asheville PD Mark Starling

Ashville Iheart
Pictured above: the staff of WWNC, Asheville during the storm. Morning host and news director Mark Starling shown bottom center.

Premiere Networks and TALKERS top 10 Heavy Hundred-star Michael Berry interviewed Mark Starling, morning host and news director of iHeart’s WWNC, Asheville, NC yesterday (10/9) about his broadcast team’s experience serving the public while surviving themselves during the wrath of Hurricane Helene.  Berry tells TALKERS, “The WWNC staffers were stranded inside their studios in Asheville during the worst of the storm.  They rose to the occasion, reminding everyone why radio matters more than ever.  Not just the medium, the people who create the magic. He explains why this storm proves we need AM radio in our cars.  It saved lives.” Berry adds, “I want every congressman and senator to hear this.  Starling tells about his family being stranded in rising water, trying to get to them and safety, and he and his entire station were flooded in the building, unable to get out.  They had no power, internet, nothing. Radio at its best.  Humanity at its best. Grace.”  To listen to a podcast of the conversation between Berry and Starling, please click here.

To read a comprehensive story in the Asheville Citizen-Times about WWNC’s role in the storm, please click here.

Industry News

TALKERS News Notes

FOX Weather Presents Continuing Coverage of Hurricane Milton. FOX Weather, FOX News Media’s free ad-supported streaming television (FAST) weather service, will present continuous coverage of Hurricane Milton including non-stop live programming from this morning through Friday evening. FOX Business Network will also extend its FOX Weather simulcast from 4:00 am to 6:00 am ET on Thursday morning. FOX News Audio is offering FOX Weather simulcast to affiliates in Florida as well.

Salem’s LifeAudio Announces Partnership with “Jesus Calling.” Salem Media Group, Inc. announced today that LifeAudio, a leading Christian podcast network of Salem Media Group, is thrilled to announce its newest partnership with “Jesus Calling.” The “Jesus Calling” podcast brings heartfelt encouragement and spiritual wisdom to listeners, offering a daily message that brings hope and strengthens faith. Known for its popular devotional series, the podcast will now provide a new platform for its audience to engage with meaningful, faith-driven content through LifeAudio’s expansive reach.

MPR Welcomes New Member to Board of Trustees. The board of trustees of Minnesota Public Radio welcomes Dr. Marc Gorelick as its newest member. Gorelick is president and chief executive officer of Children’s Minnesota, the state’s only health care system dedicated exclusively to children, from before birth through young adulthood. He previously served as executive vice president and COO of Children’s Hospital of Wisconsin in Milwaukee and practiced academic pediatric emergency medicine for 25 years in Philadelphia, Wilmington, Del., and Milwaukee. His education includes a bachelor’s from Princeton University, an M.D. from Duke University, and a master’s from the University of Pennsylvania School of Medicine.

Industry News

Hurricane Milton

Industry News

New Jersey Honors Harrison and Hurley at Charity Dinner – MH Tells Attendees Technology is Rewiring the Human Brain to Induce Artificial Telepathy

In the wake of the enormous success of the 16th Annual Hurley in the Morning Foundation Charity Dinner this past Friday evening (10/4) in Atlantic City (see full story below) in which the amount of money raised by the philanthropic initiative has now exceeded $1.75 million to be distributed to worthy non-profits across the Garden State and beyond, the New Jersey State Senate and General Assembly issued separate proclamations honoring the event’s organizer and founder, Harry Hurley and its guest of honor/keynote speaker Michael Harrison.  The joint resolutions praise both media figures for their outstanding work and careers in radio and service on behalf of the public good.  In addition, Harry Hurley, 33-year veteran morning host on WPG, Atlantic City, was honored by the designation of October 4, 2024 as “Harry Hurley Day” in Atlantic Country, NJ.

MH at dinner

Michael Harrison discusses the enormous changes taking place in the human nervous system as a result of digital and AI technology at New Jersey Charity Dinner.

Michael Harrison tells attendees that modern digital technology is rewiring the human brain with shocking results. One of the many highlights of Harrison’s 48-minute presentation was his observation that due to the rewiring on the human brain by rapidly evolving digital mechanics, we humans are evolving into a “technologically induced telepathic species.”  To see a clip of Harrison’s comments please click here.

Industry News

Florida Radio Stations Prepare for Hurricane Milton

Radio is a survivorAs 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.

TALKERS has been informed of the following plan put in place by the Florida-based Beasley Media Group:

1. Hourly Storm Updates: The Tampa and Fort Myers markets will commence hourly storm updates immediately, increasing to twice per hour as the storm nears. Wall-to-wall coverage will begin 24 hours before landfall, incorporating active listener engagement.

2. Partnership with Local TV Stations: Beasley Tampa will partner with local Scripps ABC television, while Fort Myers will align with the Hearst NBC-2/ABC-7 affiliates to enhance storm coverage.

3. Remote Broadcasting: Should there be widespread flooding, evacuations, or power/internet outages, Q105’s afternoon host, Geno, will broadcast live from Beasley’s Boston-based studios to maintain continuous storm coverage.

4. On-Site Presence: Some staff may remain overnight at the radio station, provided there are no safety concerns.

5. Beasley’s engineering team is on standby to address any technical issues that arise, ensuring the stations remain operational.

6. Local Storm Coverage: All syndicated programming will be suspended during the storm to prioritize local storm coverage.

7. Digital Content and Storm Central: Beasley’s Digital Content team will establish a dedicated “Storm Central” section on the station websites, offering timely updates, which will also be shared across social media platforms. Additionally, Quu dashboard technology will deliver special messaging featuring storm warnings.

Beasley personnel are closely monitoring the evolving storm conditions and are ready to take necessary action to keep their communities informed and safe.

Industry News

GOP Eyes New York City WABC Owner John Catsimatidis as Preferred Candidate for Mayor if Adams Resigns

According to a story by reporter Kerry Picket in yesterday’s issue of The Washington Times (10/6), Big Apple Republicans want WABC owner John Catsimatidis to run for mayor of New York City if embattled Mayor Eric Adams resigns from the post and a special election follows.  The article says, according to a New York GOP source, the city’s five county chairmen prefer Catsimatidis, over any other potential Republican looking to become the next mayor of the city.  TALKERS publisher Michael Harrison reacted to the story by saying, “John Catsimatidis would make a great mayor for New York – but NYC’s gain would be radio’s loss.  He’s one of the shining lights among the ranks of today’s radio ownership.” Harrison adds, “As far as I know, this is news to Catsimatidis as well as the rest of us.  I do not believe he has spoken to anyone about this prior to the speculation based on The Washington Times sources.  Regardless, it sure makes sense.” Catsimatidis owns multiple businesses, including a chain of supermarkets in Manhattan and WABC, where he hosts two political talk shows. He also heads up the Red Apple Group, a real estate and aviation company worth about $2 billion in holdings. To read the entire article, please click here.

Industry News

Darren White Named PD at KKOB-AM/FM, Albuquerque

Cumulus Media names Darren White program director for its Albuquerque news/talk outlet KKOB-AM/FM and sister sports talk station KNML-AM “610AM/95.9FM The Sports Animal.” White previously served with the station from 2019 through 2021 as host of the 1:00 pm to 3:00 pm show and a weekend program. White has also served the Albuquerque community as public safety director for the Albuquerque Police and Fireim Departments, sheriff of Bernalillo County, head of public safety for the State of New Mexico under Governor Gary Johnson. Cumulus Albuquerque vice president and market manager Jeff Berry states, “I am SO excited for Darren’s return to Cumulus Albuquerque as program director. His passion for radio and vision for the future are contagious. We are fortunate to have someone with his background re-join our industry in a leadership position. Welcome home, Darren!” White comments, “I am honored to accept the position of program director for News Radio KKOB and KNML the Sports Animal, and I am humbled by the confidence Cumulus Media has placed in me for this exciting new challenge. Having been a part of Cumulus for over a decade, I have seen firsthand the incredible dedication and talent of the teams at both stations. With a proven history of delivering provocative, engaging, and informative radio that is second to none, I look forward to building on that legacy by attracting new listeners and continuing to bring dynamic programming to our loyal radio family.”

Job Opportunity

Federal News Network Seeks New Host and Anchor for its Flagship Program

DC-based Federal News Network, the premier source of news and information for federal employees and contractors, is seeking a new host and anchor for its flagship program, “The Federal Drive.”  Federal News NetworkFNN is looking for someone who brings excitement, passion, and interest in providing federal and industry executives with news and information about the policies, people and programs that drive the mission of the federal government. The ideal candidate MUST have knowledge of, and high degree of interest in, information technology, acquisition, human resources, financial and program management as they operate within the federal government.  The current managing editor and anchor of the Federal Drive, Tom Temin, is retiring in April 2025 after 17 years of leading the program and more than 45 years in journalism. For this position, experience in developing ideas, conducting, and managing interviews is strongly preferred, but consideration will be given for the right person with the right background in federal issues. The host is primarily responsible for show content and adherence to Federal News Network editorial niche of serving federal employees and contractors. Federal News Network (first called WTOP2), the world’s first, Internet-only, all-news radio station was created in February 2000 with a focus on the federal community. Federal News Network is owned by Hubbard Radio.  Federal News Network can be heard on a clear channel 50,000 watt station on 1500 AM.  If you are interested in applying, contact Federal News Network executive editor Jason Miller and check out the job posting.

Industry News

CNN: Local Broadcasters Become Lifeline for Hard-hit North Carolina Communities in Wake of Helene’s Wrath

Industry News

TALKERS News Notes

 

SummitMedia Names Mike Hogan to Lead Omaha Market. SummitMedia, LLC has announced Mike Hogan as the new president and GM to oversee operations in the Omaha, Nebraska cluster. Hogan brings more than 25 years’ experience in management, sales, and marketing which, according to the company, positions him to achieve results for Summit’s Omaha team and regional clients. Most recently, he oversaw clusters in Sioux City, Iowa, and Ogallala, Nebraska. He served there for more than a decade, developing key partnerships with clients, growing revenue, building relationships within the business community, and executing plans to drive sales growth. “We’re excited to have an executive of Mike’s caliber running our Omaha cluster,” said Summit chairman and CEO Carl Parmer. He brings incredible experience, expertise, and leadership to our team.”

Industry News

WABC Celebrates Pols Who Support the AM for Every Vehicle Act

Industry News

TALKERS News Notes

AM for Every Vehicle Act Approved by House Energy and Commerce Committee.  The House Energy and Commerce Committee approved the pending bill yesterday (9/19) requiring new cars to have AM radios in their dashboards. The bill was passed by the committee on a roll-call vote of 45-2 and now heads to the full House for final approval.  Titled the AM for Every Vehicle Act, the bill, if passed, would direct the National Highway Traffic Safety Administration (NHTSA) to require automakers to maintain AM broadcast radio in their vehicles “without a separate or additional payment, fee, or surcharge.” Supporters of the bill say that AM radio serves the public interest and safety during natural disasters and other events requiring emergency broadcasting information – not to mention a wide variety of programming genres not readily available on other platforms in addition to regions of the country not fully served by digital media.

SEATTLE TIMES: Major Changes Could Be Coming to the Seattle Mariners Broadcasting Booth this Off Season. According to an article in the Seattle Times by reporter Adam Jude, longtime Mariners play-by-play voice Dave Sims is thought to be a finalist for the New York Yankees radio broadcasting vacancy, a position that opened up when John Sterling abruptly retired in April.  Sims, 71, has been one of the Mariners’ primary television voices since 2007, and his iconic calls — from “Hey now!” to Giddy up, baby!” — have endeared him to many fans. A Philadelphia native, Sims interviewed with the Yankees earlier this summer. The Yankees are not expected to announce a hire until after the season. “It’s just nice to be considered,” Sims said. To read the entire article, please click here.

Industry News

TALKERS News Notes

WGN, Chicago Names Charlie Roumeliotis as Studio Host of Blackhawks Pre- and Postgame Shows.  WGN Radio today named Charlie Roumeliotis as the studio host of Chicago Blackhawks pre- and postgame shows for the upcoming 2024-25 hockey season. Roumeliotis will also serve as the host of WGN’s weekly “Blackhawks Live” show. Long-time broadcast duo John Wiedeman and Troy Murray continue in their roles calling Blackhawks games on WGN Radio. Roumeliotis is extremely familiar with hockey and with the Blackhawks, having worked most recently as Blackhawks Insider for NBC Sports Chicago, where he delivered exclusive coverage of the team through articles, video content, podcast analysis, and TV appearances from 2019 through 2024. He also served as a Chicago Blackhawks correspondent for the NHL. Roumeliotis assumes the role previously held by Joe Brand who was recently named the radio play-by-play broadcaster for the Pittsburgh Penguins.

 

Industry News

TALKERS News Notes

Industry News

WPHT, Philly Draws 500 to “Politics & Pints” Live Event with Don, Jr

Dom and DonAudacy news/talker WPHT, Philadelphia’s recently launched live series of public meeting events titled “Politics & Pints” kicked into high gear this past Thursday (9/12) evening as popular station midday personality Dom Giordano hosted an evening with Trump Organization EVP, Donald Trump, Jr before a sold-out crowd of 500 listeners, sponsors, and local officials at the Scottish Rite Auditorium in Collingswood, NJ. The conversation covered the election, the state of the union, and Trump Jr’s worldview. Giordano (pictured above left) tells TALKERS, “Don Trump Jr (r) took us inside big Trump moments like the family coming down the escalator in 2016 and his call with his father after he was shot. He did this while doing a dead-on Trump impression and speaking fluent Czech.”  Giordano adds, “He was very personable and quite intelligent.” Politics and PintsA cash bar for soft drinks, beer and wine was available for purchase in the lobby of the Scottish Rite Auditorium. Ticket prices ranged from $500, which included a VIP pre-event meet and greet, a copy of Letters to Trump and a commemorative Politics & Pints tumbler, to $195 for reserved seating that included a copy of Letters to Trump by former President Donald Trump. Special handicap seating was also available.