A 20th Century Rulebook Officiating a 2026 Game
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
Every media creator knows this moment. You are building a segment, you find the clip that makes the point land, and then the hesitation kicks in. Can I use this? Or am I about to invite a problem that distracts from the work itself?
That question has always lived at the center of fair use. What has changed is not the question, but the context around it. Over the past year, two federal court decisions involving AI training have quietly clarified how judges are thinking about copying, transformation, and risk in a media environment that looks nothing like the one for which these rules were originally written.
Fair use was never meant to be static. Anyone treating it as a checklist with guaranteed outcomes is working from an outdated playbook. What we actually have is a 20th century rulebook being used to officiate a game that keeps inventing new positions mid-play. The rules still apply. But how they are interpreted depends heavily on what the technology is doing and why.
That tension showed up clearly in two cases out of the Northern District of California last summer. In both, the courts addressed whether training AI systems on copyrighted books could qualify as fair use. These were not headline-grabbing decisions, but they mattered. The judges declined to declare AI training inherently illegal. At the same time, they refused to give it a free pass.
What drove the analysis was context. What material was used. How it was ingested. What the system produced afterward. And, critically, whether the output functioned as a replacement for the original works or something meaningfully different. Reading the opinions, you get the sense that the courts are no longer talking about “AI” as a single concept. Each model is treated almost as its own actor, with its own risk profile.
A simple medical analogy helps. Two patients can take the same medication and have very different outcomes. Dosage matters. Chemistry matters. Timing matters. Courts are beginning to approach AI the same way. The same training data does not guarantee the same behavior, and fair use analysis has to account for that reality.
So why should this matter to someone deciding whether to play a 22-second news clip?
Because the courts relied on the same four factors that govern traditional media use. Purpose. Nature. Amount. Market effect. They did not invent a new test for AI. They applied the existing one with a sharper focus on transformation and substitution. That tells us something important. The framework has not changed. The scrutiny has.
Once you see that, everyday editorial decisions become easier to evaluate. Commentary versus duplication. Reporting versus repackaging. Illustration versus substitution. These are not abstract legal concepts. They are practical distinctions creators make every day, often instinctively. The courts are signaling that those instincts still matter, but they need to be exercised with awareness, not habit.
The mistake I see most often is treating fair use as permission rather than analysis. Fair use is not a shield you invoke after the fact. It is a lens you apply before you hit publish. The recent AI cases reinforce that point. Judges are not interested in labels. They are interested in function and effect.
Fair use has always evolved alongside technology. Printing presses, photocopiers, home recording, digital editing, streaming. AI is just the newest stress test. The takeaway is not panic, and it is not complacency. It is attention.
If you work in the media today, the smart move is to understand how the rulebook is being interpreted while you are busy playing the game. The rules still count. The field just looks different now.
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.
Advice columns blanketing sites like LinkedIn, the Skimm, and Forbes 2.0 – aimed at recent graduates – encourage their readers to seek and bond with an at-work mentor. After years of skimming “5 bullet” articles, I have reached the tipping point and I’m not going to take it anymore: Seeking a mentor as a career strategy is horrible advice. Just horrible.
iHeartMedia’s studios in South Florida and airing in the 3:00 pm to 5:00 pm slot being vacated by Doug Gottlieb. iHeartMedia says, “Designed as a live radio extension of his popular podcast ‘Stugotz and Company,’ the show will bring together his regular crew along with a rotating cast of guest co-hosts, blending old friends and new voices.” Additionally, the Stugotz Podcast Network will launch with iHeartPodcasts, featuring “Stugotz and Company” and “God Bless Football,” plus more content to be launched later. Weiner says, “There was a ton of interest and a lot of great conversations, but it became obvious to me rather quickly that iHeart and FOX Sports Radio were going to be the landing spot. I miss doing live radio, and I was looking for a partner to grow my two existing podcasts and help us build out a network. To be able to partner with the biggest and best digital company on the planet – and host a daily, two-hour live radio show with two Hall of Famers, Dan Patrick and Colin Cowherd, as lead-ins – is a place, quite frankly, I never imagined arriving at, and an opportunity I wasn’t going to pass up.”
news/talk WGBF-AM, Evansville, Indiana at the end of the broadcast day on December 31. The company clearly isn’t getting the returns it wants on the operation of the station. The story indicates that the signal is up for sale but it’s unclear if there is any interest in the station that was launched in 1923 by the Finke Furniture company. The calls stand for G.B. Finke. 
rate increases. Cumulus argued, “Nielsen, a monopolist engaging in anticompetitive behavior, holds all of the power during contract negotiations, resulting in an unequal bargaining dynamic that is ripe for retaliation. For example, Nielsen can and has raised its rates significantly during negotiations. 
If identifying information is revealed to Nielsen’s businesspeople, Nielsen can retaliate with additional rate increases, resulting in manifest injustice to these third parties actively involved or who will be involved in negotiations with Nielsen.” After denying Cumulus’ request on December 4, Cumulus filed a supplemental brief and on December 15 Judge Jeannette Vargas agreed with Cumulus, writing, “Cumulus has established that sufficient countervailing factors – in particular, the privacy interests of these non-party declarants, the lack of bearing these narrowly tailored redactions have on the merits of this action, and the non-party declarants’ susceptibility to economic retaliation – outweigh the strong presumption in favor of public access to judicial documents.” 
Annual Digital Sales Mentorship Program. Candidates now have until December 29 to apply. MIW says, “This year-long program is a career-accelerating opportunity designed to strengthen the next generation of women leaders in digital radio sales. One outstanding female seller or manager will be selected to receive personalized, hands-on mentorship from a top industry expert; an opportunity that can reshape a career trajectory.” 
Fallen Patriots charity through her Holiday Designs Store that sells her hand-crafted art. Children of Fallen Patriots is a 501(c)(3) nonprofit organization providing college and trade school scholarships, educational assistance, and career support to military children who have lost a parent in the line of duty. She says, “The generous support of my listeners and their purchases from my Holiday Store have provided crucial support for this wonderful organization dedicated to helping military families in need.”
The Problem Is No Longer Spotting a Joke. The Problem Is Spotting Reality
2) Marketers and media agencies significantly overestimate audience shares to Pandora/Spotify and massively underestimate AM/FM radio audiences; and 3) Interestingly, as older demographics flock to podcasts, the median age of the podcast audience ages sharply from 29 in 2017 to 39. The study notes that “in 2017, podcasts’ daily reach was greatest among 18-24s. Eight years later, podcasts’ daily reach has surged, especially in older demographics. The older the age group, the greater the growth in the podcast daily audience. Today, podcasts’ greatest reach centers on 25-44s, with significant growth among 45-64s.” 
Carolina – southwest of the city of Charlotte. The company says the move will bring “Charlotte’s premier source for news, conversation, and community connection to a powerful 100,000-watt signal.” The company is moving WLNK to the 100.9 and 93.3 frequencies. Charlotte VP and market manager Marsha Landess adds, “We are thrilled to elevate WBT to the FM dial, ensuring that even more listeners can connect with the voices they trust every day. These moves further strengthen our position in the market and reinforce our commitment to serving Charlotte with the best local programming, news, and entertainment.”
My introduction to Rush Limbaugh begins in the fall of 1992. I began listening to Rush’s radio show after seeing him campaigning on stage with George H.W. Bush during the 1992 fall presidential election. Bill Clinton would win the election and so would begin the greatest, media political rivalry ever between Rush Limbaugh and Bill Clinton. Rush’s middle America authentic voice was cutting through the mainstream media noise of the day from a generationally unique perspective. He was the perfect counterculture combatant to Bill Clinton’s political philosophy. Being a baby boomer myself and two years younger than Rush, I was immediately hooked on the EIB radio network!
president and executive editor Jay Wallace adds that Hasnie will anchor her own solo signature program on Saturday afternoons from 12:00 pm to 2:00 pm ET, effective January 10. Wallace says, “Aishah’s knowledge of Washington makes her a perfect addition to our stellar White House team of correspondents, and we are confident she will excel in the anchor chair as well.” Hasnie joined FOX News Channel in 2019.
the company through the end of 2027. As part of the new contract, Sanchez moves to the 6:00 pm to 8:00 pm daypart on news/talk “101.5 FM K-Dawn Las Vegas” airing on KMXB-HD3/K286CS. Sanchez states, “I’m excited to continue to be part of a great media brand like Audacy and I’m very excited to go back home to evenings where it all started for me. This move allows me to continue to grow our Gen-X audience while focusing on continued content creation for our fast-growing social media platforms and new stand-alone videocasts.”
Grand Island. NRG CEO Mary Quass says, “We’re pleased to announce the sale of our 6 radio stations in Central Nebraska to Usher Media LLC, a respected local broadcaster. It’s been a privilege to serve this community with an exceptional team whose passion and commitment have made these stations a vital voice in the Kearney, Hastings and Grand Island markets. We are confident that Usher Media will build on that foundation and continue to serve listeners, advertisers, and the community with excellence.” Usher Media chief Alan Usher comments, “We are excited to announce the acquisition of six radio stations in Central Nebraska. As a locally owned and operated organization, raised in the Tri-Cities, this strategic move underscores our commitment to expanding our media presence while staying deeply connected to our roots. We are committed to being a community leader, championing local projects, and driving community growth. We look forward to providing comprehensive local news, weather, and sports coverage while fostering a vibrant and thriving community for all.”
racist messages were broadcast for a period of time. Station officials posted the following message to X at around 4:30 pm: “In the past hour, there was audio airing on 97.5 FM signal that didn’t come from the radio station. Our signal had been hacked. We are actively trying to rectify the problem. We appreciate the many of you who posted to alert us of the issue.” The station able to return the game broadcast to the air. 
Running a successful radio station, hosting a show, or producing a podcast is a lot like hosting Thanksgiving dinner. You need a plan. You need to deliver something satisfying to a crowd with varying tastes. And most of all – if you get it right – you’ll have leftovers you can turn into even more value long after the main event.
position the cluster for continued success and growth. They include the promotion of Grant McHill to program director for “NewsRadio 101.1 FM KXL.” McHill has been serving as KXL’s news director. McHill says, “As someone who has worked at KXL for a decade, I appreciate and understand the station’s importance to the community and its potential for growth in Portland and beyond. I am thrilled, honored, and thankful for this opportunity. A huge thank you to Jeff Warshaw, Keith Dakin, Mark Handwerger, and Ross MacLeod for their confidence in me.”
market manager Jeff Miller says in a memo to staff, “Since arriving in Cleveland almost three years ago, Chase has concentrated on our brands, our execution and our team with hopes of building on the great foundation that was already in place. His relentless focus on being the best, along with consistent coaching and leadership, has led to significant growth for individuals and our four stations. Please join me in congratulating Chase on his well-deserved elevation to VP of programming for Cleveland. Chase will continue to focus on the overall programming performance for all four of our brands as we head into 2026 and beyond.”
Elizabeth Mayer states, “In our continued focus on YouTube and watchable podcasts, this edition of the Podcast Download reveals YouTube at an all-time high for consumption. Regardless of tenure or heavy usage, YouTube remains in the top spot, which speaks to podcast consumers seeking out watchable podcasts. 12% of weekly podcast consumers use Smart TVs where video components are intuitive and easy to access to listen to podcasts.” Signal Hill Insights president and CEO Paul Riismandel adds, “Audio is still key. While we see yet another bump in the preference to use YouTube for podcasts, we don’t see notable change in the number of weekly podcast consumers who are only watching their podcasts. This segment remains a tiny minority – just 8% in this report.” 
For most of my life, the sound of an AM signal has been my constant companion. Long before I ever spoke into a microphone professionally, I was the kid hiding under the covers with a transistor radio, slowly turning the dial, discovering voices, ideas, communities, and worlds far beyond my bedroom. AM radio didn’t just shape my career – it shaped who I am.
Amendment protects journalistic choices from government intimidation. Nevertheless, this FCC has deployed a vague and ineffective News Distortion policy as a weapon to stretch its licensing authority and pressure newsrooms. The First Amendment is a pillar of our democracy. As federal regulators, we must respect the rule of law, uphold the Constitution, and ensure that a free press is never subjected to regulatory interference by the FCC.” The FCC’s News Distortion Policy was created in 1949 and has been criticized from time to time over the years. It has rarely been invoked until now. A Petition for Special Relief before the FCC signed by 11 people, including former FCC Chairman Thomas E. Wheeler, asks that the Commission repeal the news distortion policy. They cite case law, saying, “In Moody v. NetChoice, LLC, the Supreme Court, applying the First Amendment, reaffirmed that the government has no role in ‘un-biasing’ the media. In direct contradiction to that decision, the news distortion policy seeks to mold the speech of private broadcasters to the FCC’s own view of what is correct, complete, and accurate news. The First Amendment forbids the government from embarking on such a project.”
One of my first jobs out of college was working in the marketing department of WNBC-AM, New York. Yes, “Imus In The Morning” (Don Imus – not nice), Cousin Brucie (Bruce Morrow – nicest star who ever lived). One of my tasks was to pull ratings numbers from the computer for the sales department. I was fascinated by TIME SPENT LISTENING (TSL) and CUME numbers. I’d rank them, compare, trend them every way imaginable.