Industry News

FCC Chair Carr Underscores Broadcasters’ “Public Interest” Duty

During last week’s testimony before the United States Senate Committee on Commerce, Science, and Transportation, FCC Chair Brendan Carr addressed, among other things, broadcasters’ obligation to serving the public interest. This comes as he is being accused by critics of using the power of the Commission to influence content.  Carr testified, “The FCC isimg working to empower local broadcasters to serve the public interest and meet the needs of their communities. As Congress, the Supreme Court, and the FCC have all made clear, broadcasters are different than every other distributor of media. Specifically, broadcasters are required by both the Communications Act and the terms of their FCC-issued licenses to operate in the public interest. This sets them apart from cable channels, podcasts, streaming services, social media, and countless other types of distributors that have no public interest obligation. The FCC’s broadcast hoax rule, its news distortion policy, its political equal opportunity regulation, its prohibition on obscene, indecent, and profane content, its localism requirements – all of those and more apply uniquely to broadcasters. Congress has instructed the FCC to enforce public interest requirements on broadcasters. The FCC should do exactly that.

“Television broadcasters have this public interest obligation because the government has given them the unique privilege of using a scarce national resource – the public airwaves – and in doing so has necessarily excluded others that might want to broadcast their own programming over that same spectrum. That is why they are required to serve, not just their own narrow interest, but the public interest, including the needs of their local communities.

“To ensure that broadcasters can meet their public interest obligations, the FCC has taken a number of actions, including seeking public comment for the first time in more than 15 years on the relationship between the large, national programmers on the one hand and the many local broadcast television stations on the other. Comments in that proceeding suggest that many local broadcasters are concerned that the national programmers have amassed enormous power and influence in recent years and have made it more challenging for local broadcasters to fulfill their public interest obligations. The FCC is going to continue its efforts to empower local broadcasters to meet their public interest obligations.”

Industry Views

Navigating the Deepfake Dilemma in the Age of AI Impersonation

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

imgThe Problem Is No Longer Spotting a Joke. The Problem Is Spotting Reality

Every seasoned broadcaster or media creator has a radar for nonsense. You have spent years vetting sources, confirming facts, and throwing out anything that feels unreliable. The complication now is that artificial intelligence can wrap unreliable content in a polished package that looks and sounds legitimate.

This article is not aimed at people creating AI impersonation channels. If that is your hobby, nothing here will make you feel more confident about it. This is for the professionals whose job is to keep the information stream as clean as possible. You are not making deepfakes. You are trying to avoid stepping in them and trying even harder not to amplify them.

Once something looks real and sounds real, a significant segment of your audience will assume it is real. That changes the amount of scrutiny you need to apply. The burden now falls on people like you to pause before reacting. 

Two Clips That Tell the Whole Story

Consider two current examples. The first is the synthetic Biden speech that appears all over social media. It presents a younger, steadier president delivering remarks that many supporters wish he would make. It is polished, convincing, and created entirely by artificial intelligence.

The second is the cartoonish Trump fighter jet video that shows him dropping waste on unsuspecting civilians. No one believes it is real. Yet both types of content live in the same online ecosystem and both get shared widely.

The underlying facts do not matter once the clip begins circulating. If you repeat it on the air without checking it, you become the next link in the distribution chain. Not every untrue clip is misinformation. People get things wrong without intending to deceive, and the law recognizes that. What changes here is the plausibility. When an artificial performance can fool a reasonable viewer, the difference between a mistake and a misleading impression becomes something a finder of fact sorts out later. Your audience cannot make that distinction in real time. 

Parody and Satire Still Exist, but AI Is Blurring the Edges

Parody imitates a person to comment on that person. Satire uses the imitation to comment on something else. These categories worked because traditional impersonations were obvious. A cartoon voice or exaggerated caricature did not fool anyone.

A convincing AI impersonation removes the cues that signal it is a joke. It sounds like the celebrity. It looks like the celebrity. It uses words that fit the celebrity’s public image. It stops functioning as commentary and becomes a manufactured performance that appears authentic. That is when broadcasters get pulled into the confusion even though they had nothing to do with the creation. 

When the Fake Version Starts Crowding Out the Real One

Public figures choose when and where to speak. A Robert De Niro interview has weight because he rarely gives them. A carefully planned appearance on a respected platform signals importance.

When dozens of artificial De Niros begin posting daily commentary, the significance of the real appearance is reduced. The market becomes crowded. Authenticity becomes harder to protect. This is not only a reputational issue. It is an economic one rooted in scarcity and control.

You may think you are sharing a harmless clip. In reality, you might be participating in the dilution of someone’s legitimate business asset. 

Disclaimers Are Not Shields

Many deepfake channels use disclaimers. They say things like this is parody or this is not the real person. A parking garage can also post a sign that it is not responsible for damage to your car. That does not absolve them when something collapses on your vehicle.

A disclaimer that no one negotiates or meaningfully acknowledges does not protect the creator or the people who share the clip. If viewers believe it is real, the disclaimer (often hidden in plain sight) is irrelevant. 

The Liability No One Expects: Damage You Did Not Create

You can become responsible for the fallout without ever touching the original video. If you talk about a deepfake on the air, share it on social media, or frame it as something that might be true, you help it spread. Your audience trusts you. If you repeat something inaccurate, even unintentionally, they begin questioning your judgment. One believable deepfake can undermine years of credibility. 

Platforms Profit From the Confusion

Here is the structural issue that rarely gets discussed. Platforms have every financial incentive to push deepfakes. They generate engagement. Engagement generates revenue. Revenue satisfies stockholders. This stands in tension with the spirit of Section 230, which was designed to protect neutral platforms, not platforms that amplify synthetic speech they know is likely to deceive.

If a platform has the ability to detect and label deepfakes and chooses not to, the responsibility shifts to you. The platform benefits. You absorb the risk. 

What Media Professionals Should Do

You do not need new laws. You do not need to give warnings to your audience. You do not need to panic. You do need to stay sharp.

Here is the quick test. Ask yourself four questions.

Is the source authenticated?
Has the real person ever said anything similar?
Is the platform known for synthetic or poorly moderated content?
Does anything feel slightly off even when the clip looks perfect?

If any answer gives you pause, treat the clip as suspect. Treat it as content, not truth. 

Final Thought (at Least for Now)

Artificial intelligence will only become more convincing. Your role is not to serve as a gatekeeper. Your role is to maintain professional judgment. When a clip sits between obviously fake and plausibly real, that is the moment to verify and, when necessary, seek guidance. There is little doubt that the inevitable proliferation of phony internet “shows” is about to bloom into a controversial legal, ethical, and financial industry issue.  

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.

Industry News

Urban One Moving WBT, Charlotte to 107.9 FM Frequency

Urban One announces a series of frequency swaps that will put news/talk WBT on the full-market 107.9 FM frequency currently occupied by hot AC WLNK-FM. WBT is heard on 1110 AM and will continue to be heard there. It has been heard on FM in 99.3 FM for decades but that signal is licensed to Chester, Northimg 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.”

Industry News

Bold Gold Relaunches Catskills News/Talk Outlet

Bold Gold Media Group relaunches of two dark Delaware County, New York radio stations previously owned by Townsquare Media – news/talk WDLA-AM and country WDLA-FM – both licensed to Walton,img New York. Bold Gold says WDLA-AM will “broadcast Catskills News Talk, the Voice of Sullivan and the Catskills, a news and talk format featuring ‘Ciliberto & Friends’ with radio legend Paul Ciliberto.” Bold Gold Media NY region general manager Dawn Ciorciari states, “There is something truly special about turning the lights back on for a local radio station. We are beyond excited to bring local radio back to life for the people of Walton and Delaware County; to once again give this community a local voice, a source of connection, and radio stations they can call their own.”

Industry News

Radio Executive and Station Owner Willard Lochridge Dies at 85

Longtime radio executive and station owner Willard Lochridge died on November 13 at age 85.img Lochridge entered the business in the sales department and by 1970 became the general manager of WRIF, Detroit. He was promoted by ABC to general manager for WPLJ, New York in 1973. He would serve at KAUM, Houston before returning to New York to serve with ABC Radio Networks. He later joined NBC’s The Source. In 1988 he and his wife purchased a small station in Wickenburg, Arizona.

Industry News

Audacy Launches Detroit Sports Network

Audacy is launching “97.1 Detroit Sports Radio Network” on December 1, what it calls “a new, centralized hub for sports fans across Michigan.” The company’s “97.1 The Ticket” (WXYT-FM, Detgroit) will serve as “the flagship station of the first-of-its-kind statewide platform produced andimg distributed by Audacy to unite the biggest sports voices, markets, and fans.” Audacy Detroit SVP and market manager Debbie Kenyon says, “The launch of ‘97.1 Detroit Sports Radio Network’ represents a massive commitment to our listeners and an exciting chapter in our growth. We are excited to partner with Townsquare Media and other media companies to expand our footprint across all of Michigan and to deliver great content to the dedicated fan base we serve. We are proud to deliver best-in-class sports coverage to the entire state, solidifying our position as the essential source for Michigan sports audio content now and for years to come.” The network’s first affiliates include Townsquare Media’s WFGR in Grand Rapids, WJIM in Lansing, WBCK in Battle Creek, and WKMI in Kalamazoo, plus Blarney Stone Broadcasting’s WGRY in Roscommon. Additional affiliates will be announced in the upcoming months.

Industry News

Audacy: All-News Ratings Are Up as People Seek “Established Credibility & Trust”

Audacy SVP, research & insights Ray Borelli writes that “with nearly two-thirds of U.S. households now either cord-cutters or cord-nevers, accessing credible and trusted local news is harder today than ever before.” He adds, “Furthermore, distrust in social media is likely fueling aimg 16% year-over-year decline in the percentage of Americans who say they get their news ‘often’ from apps like Instagram, Facebook, TikTok and X.2. In this rapidly changing landscape, consumers are increasingly turning to All News Radio for local news, trusted voices, and fact-based reporting.” Borelli cites as evidence for this Nielsen data indicating that Audacy all-news stations are up 11% versus last year and adds that’s coming off a presidential election year. Ben Mevorach is vice president of news at WINS, New York and he says, “As the number of places to get news continues to grow, the number of places to find news that is credible, trustworthy, and without bias is rapidly shrinking. People constantly tell us that 1010 WINS is their sole source for news they can trust.” Read Borelli’s complete story here.

Industry News

Cumulus’ WFNC Helps Promote Air Angels: Flight Helene Film

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Veterans Day (November 11) is the day of the world premiere of the Just Do GOOD Entertainment-produced film, Air Angels: Flight Helene, that honors the “everyday heroes who sprang into action during Hurricane Helene” in September of 2024. The film – which tells the inspiring stories of individuals who selflessly used their own aircraft, vehicles, time, and resources to rescue and support strangers stranded during the aftermath of catastrophic Hurricane Helene – premieres at Cameo Art House Theatre in Fayetteville, North Carolina and Cumulus Media’s news/talk WFNC-AM/HD2, Fayetteville is sponsoring the showing and station morning host Gilbert Baez – and Emmy Award-winning journalist and Army Rangers veteran – will host the screenings. Gilbert will offer his personal perspective of what it was like to film Air Angels this past summer and share his experiences with catastrophic storms. Baez says, “It’s going to be a pleasure to host the premiere of Air Angels in downtown Fayetteville. I’m also very proud that Cumulus agreed to be a media partner since I host a morning show on one of its stations. It’s exciting and an honor to work with Valerie Smaldone. For years, she’s been a well-known radio voice in New York. Now, Valerie is a tv and film producer who develops outstanding special programming.” Pictured above are (from l-r): Hannah Brown-Kitchens (strategic data analyst, Cumulus Media), Smaldone (co-founder Just Do GOOD Entertainment), Baez, and Tish Boden (VP/market manager, Cumulus Media).

Industry Views

Monday Memo: USA Facts

By Holland Cooke
Consultant

imgMicrosoft CEO Steve Ballmer retired with enough do-re-mi to indulge two passions. He bought the NBA Los Angeles Clippers (for a record $2 billion). And he built USAFacts: “a not-for-profit resource rooted in publicly available data, free from spin or politics.” From its mission statement:

— “Find the numbers: We tap into hundreds of databases at the federal, state, and local level. If it’s tracked, we’ll find it. If it’s not, we’ll tell you that, too.”
— “Put them in context: A stat without context is no better than an opinion. We analyze trends over time so you can see the whole story.”
— “Bring them to life: We turn the numbers into insights you can actually use. No jargon, no spin. Just charts, graphics, and data.”

im

With so much of talk radio and cable news and social media pandering with affirmation, actual actionable information can differentiate your show or podcast from others that merely entertain outrage. Well-worth a bookmark in your show prep routine.

Holland Cooke (HollandCooke.com) is a media consultant working at the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke

Industry News

TALKERS News Notes

Remote News Service Adds Six Affiliates. Remote News Service adds new affiliates including Connoisseur Media’s Palm Springs stations, Midwest Communications’ WHBL-AM/FM, Sheboygan; Civic Media’s WAUK-AM, Milwaukee; Telemedia’s Fredericksburg, Virginia stations; Treese Media Group’s WEEU-AM, Reading, Pennsylvania; and Bold Gold Media’s Monticello, New York stations.

BFoA Begins Year-End Giving Campaign. The Broadcasters Foundation of America launches its annual Year-End Giving Campaign that seeks to raise donations from tax-deductible personal and company contributions. The Broadcasters Foundation is a 501c3 charity and the only charity devoted exclusively to helping broadcast colleagues who are in need of financial assistance due to life-altering illness or a disaster. BFoA president Tim McCarthy says, “Our grants offer a ‘hand-up’ to colleagues during trying times. Monthly and emergency grants are often the only financial resource for our colleagues in need, and the funding for those grants are dependent on donations from individuals and companies from within broadcasting. Our 100% Give with Confidence score from Charity Navigator ensures contributions go directly to those in our business who need it most.” Find out more about giving here.

WNYC Appoints Barba Accountability Editor. The New York City public media firm names Robert Barba an editor on the accountability team, overseeing state issues and politics. Previously, Barba spent seven years at The Wall Street Journal in various editor roles. Prior to that he covered banking and fintech for Bankrate and American Banker.

ESPN Names Cornetts “First Take” Host. ESPN announces that Shae Cornette is the new host of “First Take,” effective November 3. Cornette has been an anchor on SportsCenter and a mainstay across ESPN studio programming since joining ESPN in 2020. “First Take” executive producer and commentator Stephen A. Smith says, “Hosting ‘First Take’ is no easy assignment. It requires confidence, toughness, and real sports insight – and Shae brings all of that and more. I’ve seen her command the desk with poise and passion every time she’s hosted. She’s the real deal, and I’m thrilled to have her officially join the team.”

Industry News

FCC Chair Agrees to Testify Before Senate Commerce Committee

Federal Communications Commission Chairman Brendan Carr is agreeing to testify before the Senate Commerce Committee about the issues surrounding ABC/Disney’s suspension of Jimmy Kimmel form comments about the death of Charlie Kirk. The date for Carr’s testimony is not setimg but sources tell Reuters that it would likely be sometime after November. Senate Commerce Committee Chair Ted Cruz criticized Carr for comments he made on the Benny Johnson podcast about late night talk host Jimmy Kimmel’s joke that appeared to threaten ABC/Disney and promise FCC action against the company if it didn’t take action on its own. On his Premiere Networks distributed podcast, “The Verdict with Ted Cruz,” Cruz said of Carr’s comments, “I got to say that’s right out of ‘Goodfellas.’ That’s right out of a Mafioso coming into a bar going, ‘Nice bar you have here. It would be a shame if something happened to it.’” Carr recently said that’s not what he meant and stated, “We don’t want to see weaponization of government by any administration against any perspective – and that’s certainly not what we’re doing here.”

Industry Views

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

imgJimmy 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.

Industry News

iHeartMedia Enters into Partnership with Hello Divorce

iHeartMedia and Hello Divorce – a comprehensive online divorce platform built for the mass market – announce a partnership. According to a press release, Hello Divorce combines technology and expert guidance to radically simplify the legal, financial, and emotionalimg complexities of divorce – helping people navigate every stage of the process faster, more affordably, and with far less conflict. Hello Divorce says its service “goes far beyond digitizing forms and redesigns the entire divorce experience with proprietary technology and AI to eliminate costly errors, reduce delays, and remove the bottlenecks that wreak havoc on divorce timelines.” iHeartMedia president of corporate development and ventures Joe Robinson says, “Hello Divorce offers a powerful solution for one of life’s most challenging transitions. This partnership gives them a unique opportunity to connect with people nationwide through our platforms, delivering resources and guidance that can truly make a difference.”

Industry News

LeGeyt Issues Strong First Amendment Defense

National Association of Broadcasters president and CEO Curtis LeGeyt issued a statement on Saturday (9/21) addressing the First Amendment in light of the Jimmy Kimmel suspension controversy. He stated, in part, “Let me first state affirmatively that broadcasters must be able to make decisions about the content onimg our airwaves free from government influence. The First Amendment affords our stations – and all Americans – this fundamental right, and the mere perception that broadcasters acted because of undue pressure is a problem for our credibility and the trust we have built with our audiences.

“Unfortunately, government pressure on media to cover events in a particular way is not new and it has come from both political parties. During the Obama administration, journalists decried the use of the Espionage Act to investigate reporters and demand their confidential sources. Under the Biden administration, reporters faced growing barriers to access, and local affiliate stations were targeted based on the actions of cable news networks. Today, we continue to see veiled threats suggesting broadcasters should be penalized for airing content that is contrary to a particular point of view.

“These attempts were wrong then, and they are wrong now.

“The First Amendment makes clear that broadcasters – not the government – bear the responsibility for editorial decisions. Local radio and television stations take this obligation seriously, working every day to reflect the unique and diverse needs of our communities, especially on sensitive issues. This is what makes local stations the most trusted sources of information. Ultimately, broadcasters are accountable to the viewers and listeners we serve.” See his full comments here.

Industry News

KYW, Philadelphia Celebrates 60 Years as News Outlet

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Audacy’s KYW Newsradio celebrated its 60th anniversary at Philadelphia’s Bellevue Hotel on September 17. The event was a highlight of the station’s year-long celebrations, including events and on-air programs throughout 2025. The company says the gala marks six decades since the station adopted its all-news format in September 1965 and honors KYW’s enduring legacy as a trusted source for breaking news, traffic, weather and local service journalism. Audacy SVP and market manager David Yadgaroff says, “This celebration is the perfect opportunity to bring together the people who have made KYW Newsradio what it is today – clients, partners, community leaders, station friends, staff and alumni. When you’re a part of an institution that has been the constant voice of a city for six decades, you feel the weight and honor of that history every day. It’s a tribute to all those who have contributed to the station, devoted their lives to telling the story of the Delaware Valley, and built the trust we hold with our community.”

Industry Views

SABO SEZ: Keep the Valuables

By Walter Sabo
a.k.a. Walter Sterling, Host
WPHT, Philadelphia, “Walter Sterling Every Damn Night”
TMN syndicated, “Sterling on Sunday”

imgAmazon 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.

Radio listeners have high demand for basic elements. The demand for these ingredients is often based on need rather than preference. Needed ingredients delivered by radio represent high value to the radio industry:

– Weather reports

– Traffic reports

– Is everything ok? News reports

– News bulletins

– Local news

– Closings

The first sign of trouble was when radio stations chose to promote a cable channel by presenting “Weather Channel Weather.” Tip: research shows the most respected source of weather is the National Weather Service and a station can pull that for free, any time. No disrespect to the Weather Channel but, can’t radio do weather? Giving away that position to TV is foolish.

Weather is even more important than one might think. Yes, a listener can get it from multiple online sources, but the listener is listening to the radio. The listener needs the weather NOW, live, local. Failing to do weather forces the listener to leave you. (That’s why, on the local and national “Sterling” show, we have meteorologist, Dr. Dave Eiser and Brad Your Grandma’s weatherman presenting the weather through the program.)

Do a Google trend search. Compare WEATHER, SEX, JESUS, TRUMP. Weather will win.

TRAFFIC. An argument I lost was with a 50kw station that had the traffic image because they had a traffic copter. To save $200,000 they were going to take it down. I said, “Fire me but don’t take down the copter.” They took it down. The reason to do traffic is not 100% to give traffic reports, it is – more importantly – to prove that the station is live, and to prove the station sees everything. Breaking news will compel listeners to check with the station that can report it from the air, live!

There is no reason to stop doing traffic and weather because an all-news station is doing it. Those are essential must-have elements for all listeners regardless of format. If we want to own the dashboard, it is best to present top-of-mind information to drivers. Live!

FOX News seems to present a “Bulletin” every few minutes… FOX NEWS ALERT. A radio station doesn’t have to follow the AP Style Guide to define “bulletin.” You can air a bulletin or an alert whenever you want. Urgent, compelling, turn up the radio. Pulling the listener in with sounders, big intros, all that stuff claims your position as the source of better-know-it information.

WHAT HAS HAPPENED. By stripping a station of the costs of bulletins, weather, traffic, and local news we have made radio less valuable. Those “costs” were/are investments in content valued by listeners.  Too many stations have trashed essential ingredients for the sake of a false economy. Radio revenues go down each quarter as stations cut costs each quarter.

Walter Sabo has been a C Suite action partner for companies such as SiriusXM, Hearst, Press Broadcasting, Gannett, RKO General and many other leading media outlets. His company HITVIEWS, in 2007, was the first to identify and monetize video influencers.. His nightly show “Walter Sterling Every Damn Night” is heard on WPHT, Philadelphia. His syndicated show, “Sterling On Sunday,” from Talk Media Network, airs 10:00 pm-1:00 am ET, and is now in its 10th year of success. He can be reached by email at sabowalter@gmail.com.

Industry News

NYSBA Names John Catsimatidis Broadcaster of the Year

imgThe board of directors of the New York State Broadcasters Association names Red Apple Media CEO John Catsimatidis the New York Broadcaster of the Year for 2025. Catsimatidis will be honored at the NYSBA Broadcast Leadership and Hall of Fame Luncheon in New York City on October 22. NYSBA president David Donovan says, “We are honored to have him as NYSBA’s Broadcaster of the Year. John has had unparalleled success turning around 77WABC and expanding Red Apple Media throughout the country. He has led legislative efforts to keep AM radio in vehicles, a vital issue for all New Yorkers.” Catsimatidis comments, “Thank you, Dave and the Board of the New York State Broadcasters Association for this honor. Radio is an integral part of listeners’ lives and often the only source of information during times of disaster. I ask everyone in radio to alert their listeners that car manufacturers are risking lives by taking AM off the dashboard of new cars. Together, we can stop this, and we must stop it.” Catsimatidis entered the radio business with the purchase WABC-AM in March 2020 and has since added WLIR-FM, Hampton Bays and WRCR-AM, Haverstraw to his portfolio of stations.

Industry News

War of Words Breaks Out Between FOX and Newsmax Over Lawsuit

Yesterday, TALKERS reported the anti-trust lawsuit Newsmax is filing against Fox Corporation and Fox News Network, LLC in the United States District Court for the Southern District of Florida in which Newsmaximg accuses FOX of “engaging in an extensive and unlawful campaign to block competition in the market for right-leaning pay television news, including Newsmax.” imgA FOX spokesperson responded with the following: “Newsmax cannot sue their way out of their own competitive failures in the marketplace to chase headlines simply because they can’t attract viewers.” Newsmax issued the following statement in response to that saying, “If Newsmax was such a ratings failure, why has FOX spent so much time, energy, and resources to suppress us, block us, and denigrate us? The answer is obvious. Also please note that FOX in its statement does not deny any of our serious allegations.”

Industry News

Connoisseur Closes on Alpha Media Deal

Connoisseur Media announces the successful closing of its acquisition of Alpha Media, following the August 13 approval of station license transfers from the FCC. Connoisseur Media says that with the addition of Alpha’s 205 stations to its portfolio, it now operates 216 stations across 47 markets, making it one ofimg America’s top 10 radio broadcasters by station count and by revenue. Connoisseur Media CEO Jeffrey Warshaw says, “Local broadcasting has always been at the heart of what we do. Connoisseur started as a company rooted in radio serving local markets. Today we’re taking that same local-focused philosophy, which now includes our digital marketing and multi-platform expertise to some of the most dynamic markets in the country. This acquisition is about assembling the scale and resources to keep radio strong, serve our communities, empower our employees, and create even more value for advertisers. As I have travelled the country to meet our new colleagues in the Alpha Media markets, I have been impressed with their dedication to radio and their communities. I am excited to be associated with such a great group of people.”

Industry News

Report: Howard Stern Delays SiriusXM Return

Numerous media outlets are circulating a story published in the Daily Mail that Howard Stern did not return to a live broadcast of his SiriusXM program today (9/2) as promised because he is frustrated “over the newimg contract.” Stern’s current five-year deal expires later this fall and speculation earlier this summer that the satcaster and Stern would part ways at the end of his current deal spurred Stern to issue a statement on his show (during summer re-runs) that he’d be back on September 2 to dispel the rumors. There are reports that Stern is dealing with his 98-year-old mother’s failing health and that is weighing on him. The story indicates Stern sent an email to his employees to explain the situation, but sources supplied no details about that email. The New York Post story says Stern’s listenership has gone from “20 million at its height to 125,000 daily listeners now.” However, SiriusXM doesn’t publish its listener data and no sources are provided for those figures. See the Post story here.

Industry Views

Fair Use in 2025: The Courts Draw New Lines

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

imgImagine 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@HarrisonMediaLaw.com

Industry Views

When “Sharing” Becomes Stealing: TALKERS’ 90-Second Lesson in Fair Use

By Matthew B. Harrison

TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

imgNinety 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.

TALKERS owns the copyright. Taking 90 seconds of continuous audio and re-editing it is infringement.

Could they argue fair use? Maybe, but the factors cut against them:

  • Purpose: Clickbait, not commentary or parody.
  • Nature: Original journalism leans protective.
  • Amount: Ninety seconds may be the “heart” of the work.
  • Market Effect: If reposts draw views, ad revenue, or SEO, that’s harm.

And here’s the key point: posting free content doesn’t erase its market value. Free journalism still generates reputation, sponsorships, and ad dollars. Courts consistently reject the idea that “free” means “up for grabs.”

Enforcement options exist. A DMCA notice can clear a repost quickly. Repeat offenders risk bans. On-screen branding makes copying obvious, and licenses can set terms like “share with credit, no remix.”

But here’s the hard truth: a takedown won’t stop the AI problem. Once a clip circulates, it’s scraped into datasets training text-to-video and voice models. Deleting the repost doesn’t erase cached or mirrored copies. Think of it like pouring a glass of water into the ocean – you can’t get it back. And to make matters worse, enforcement doesn’t stop at U.S. borders. Different countries have different copyright rules, making “justice” slow, uneven, and rarely satisfying.

That TALKERS interview may now live inside billions of fragments teaching machines how people speak. You can win the takedown battle and still lose the training war. Courts are only starting to address whether scraping is infringement. For now, once it’s ingested, it’s permanent.

Creators face a constant tension: content must spread to grow, but unchecked sharing erodes control. The challenge in 2025 is drawing that line before your work becomes someone else’s “content.”

The law is still on your side – but vigilance matters. Use takedowns when necessary. Brand so the source is clear. Define sharing terms up front. And remember: free doesn’t mean worthless.

The real question isn’t just “Is it fair use?” It’s “Who controls the story?”

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

Industry Views

Monday Memo: Unmet Needs?

By Holland Cooke
Consultant

imgLast week’s column previewed “CeaseFire,” C-SPAN’s antidote to the caricature cable news shouting match. Thanks to all who offered feedback when we wondered “WHAT IF…?” for talk radio.

Recent report from Reuters Institute for the Study of Journalism: People are disabling news alerts, “either because they feel they get too many or because they are not useful.”

People are anxious. Even a robot can read-the-room, as I learned by asking ChatGPT: “In USA society generally, list unmet needs.” Among them:

Belonging Without Division

— People crave community but are tired of being forced to choose sides.
— Unmet need: A way to feel connected and purposeful without being tribalized by politics, race, class, or ideology.

Trusted, Nuanced Information

— There’s information overload, but trust is at an all-time low.
— Unmet need: Sources that feel both credible and fair-minded, without sensationalism, bias, or agenda-chasing.

Civility in Public Discourse

— Public conversation often feels like a battleground.
— Unmet need: Spaces — digital or real-world — where disagreement is safe, not destructive or humiliating.

im

Mental & Emotional Support

— Rising anxiety, loneliness, and burnout affect people across all ages.
— Unmet need: Accessible, non-stigmatized mental health support, including community-based emotional infrastructure (not just therapy apps).

Work That Feels Worthwhile

— Many jobs pay the bills but feel meaningless.
— Unmet need: Opportunities to do work that’s valued, not just productive — where dignity and contribution matter as much as output.

Financial Security That Isn’t Fragile

— Even middle-class households feel one emergency away from disaster.
— Unmet need: Stability and predictability — not just income, but housing, healthcare, and retirement that won’t evaporate with one bad break.

Intergenerational Connection

— Older and younger generations increasingly live in separate realities.
— Unmet need: Meaningful contact across age lines, where wisdom flows both directions — not just tech tutoring and nursing homes.

Shared Purpose

— Many feel like they’re drifting — or living someone else’s script.
— Unmet need: A sense of contribution to something bigger than self, not through ideology but through everyday roles, responsibilities, and relationships.

Consider as you pose call-in topics and choose interview guests.

Holland Cooke (HollandCooke.com) is a media consultant working at the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke

Industry Views

The Annual (Radio Station) Physical

By Jonathan Little
TroyResearch
President

imgAn 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. 

If you operate a radio station, your station could benefit from an annual physical. You already know how it’s doing based on ratings, revenue, and profit. Your listeners know how you’re doing for them personally because they’re the users of your radio product. Is it pleasing, challenging, inspiring or annoying, irritating, and easily ignored with a click? If you ask them, they’ll tell you. You should ask them at least once a year. 

TroyResearch has been in the business of asking listeners what they think for 27 years. We recently teamed up with Midwest Communications, Inc., in Green Bay to conduct an exploratory research project with their news/talk station WTAQ. TroyResearch’s association with MCI goes back nearly 27 years, doing music and perceptual research for the Duke Wright music stations. The WTAQ project was something new. Our goal was to discover what actionable data the opinions of loyal listeners might produce. TroyResearch worked with VP Programming Jeff McCarthy and Operations Manager Jason Hillery to develop a 25-question study. 

Survey respondents were recruited over the air and were encouraged to go to the WTAQ website to take a brief survey. Clearly, we wanted to hear from P1’s, those listeners who produce 60%+ of reported listening. Their answers provided a clear picture of WTAQ loyalists – what they like, what they don’t like, their political affiliation, their listening behaviors (radio, podcasts, TV news, cable news, etc.), favorite news outlets, trustworthiness of news outlets, their thoughts about protests becoming riots, and their favorite podcasts to mention a few. 

More than 200 respondents, Persons 18+, completed the WTAQ perceptual study. (32% 18-54, 68% 55+). With Jeff’s and Jason’s permission, we share some results. 

Political Affiliation

1% Democrat
78% Republican
15% Independent
6% Other, like Libertarian, Socialist

In car listening

80% Local radio
10% Satellite radio
6% Streaming services like Spotify
3% Podcasts
1% Other like personal playlists 

Listening to WTAQ, which simulcasts

76% FM
9% AM
8% Streaming from WTAQ app
6% Streaming from a smart device
1% Streaming from WTAQ.com

Where do you get your news? (Select all that apply)

93% Radio
46% Broadcast TV (local channels)
41% Cable news like Fox, CNN, MSNBC
29% Social Media like X, Facebook, Tiktok
16% Internet news like NY Post, Washington Post
10% Newspaper
12% Other 

Your primary news source

58% Radio
15% Cable news like Fox, CNN, MSNBC
8% Broadcast TV (local channels)
7% Internet news like NY Post, Washington Post
7% Social Media like X, Facebook, Tiktok
3% Other
1% Newspaper

When does a protest/demonstration become a riot? (Select all that apply)

85%+ When protesters strike police, throw projectiles, set fires, do property damage
75% When protesters spit on police officers
60% When protesters burn the American flag
37% When protesters curse at police officers

Do you listen to podcasts?

23% Frequently
29% Occasionally
35% Rarely
13% Never

What podcast platform do you use? (Select all that apply)

32% YouTube
25% Spotify
19% iHeart
19% Apple
10% Amazon
2% Rumble
1% The Blaze
1% Daily Wire 

As a broadcaster that reports news and information, WTAQ is interested in knowing how trustworthy you consider the reporting presented by these companies. (1 = very untrustworthy, 5 = very trustworthy)

4.43 WTAQ Radio, Green Bay
3.78 Fox News
3.59 Fox 11, Green Bay
2.92 WBAY, Channel 2, Green Bay
2.83 WFRV, Channel 5, Green Bay
2.77 WHBY Radio, Appleton
2.71 NBC 26, Green Bay
2.22 Green Bay Press Gazette
2.01 Wisconsin State Journal
1.99 Milwaukee Journal Sentinel
1.46 MSNBC
1.37 CNN 

WTAQ asked the 0-10 Customer Endorsement Score question – “On a scale of 0-10 how likely would you be to recommend WTAQ to a friend or colleague?” Those scores reflect the listeners’ opinions of how the station is doing and it’s a forecast of WTAQ’s future. As a rule, a CES of 50 or higher indicates a healthy and sustainable product. WTAQ scored a strong 73 Customer Endorsement Score. 

VP Jeff McCarthy and OM Jason Hillery are pleased with the results of this exploratory study. The WTAQ Sales Team is delighted with the data. 

Good questioner … Good listener! WTAQ asked good questions. And now their leadership team is “listening” to the answers and determining what adjustments, if any, may result in improved ratings, revenue, and profit, on the way to an 80 Customer Endorsement Score with the next WTAQ study. 

Jonathan Little is president of TroyResearch. He can be phoned at 608-219-1077 or emailed via: jlittle@troyresearch.net

Industry News

Report: Stern and SiriusXM Agreeing to Extension

According to a report from Yahoo Entertainment, Howard Stern appears to have struck a new deal to remain with SiriusXM. This comes a couple of weeks after reports indicated that Stern and the satcasterimg would go their separate ways when his current contract ends later this year. The Yahoo story says, “A source affirmed that everything is a done deal in this regard, and all previous reports of him exiting the company were pure fallacy, per RadarOnline. The man of the hour himself also dropped a big hint on his social media, teasing an answer to all the questions hovering around his career very soon.” Stern’s own Instagram account posted the following: “Now we can reveal that all the questions will be answered. All the truths will be told by the one man truly on the inside: Howard Stern will speak. Tuesday, September 2.” Read the Yahoo story here.

Industry News

PBS cutting its budget by 21%

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According to a report in The New York Times (8/14) by writer Ben Mullin, PBS is cutting its current budget by more than a fifth in response to the Corporation for Public Broadcasting’s defunding. The cutback is in reaction to the fact that approximately 15% of PBS’s budget derived from the federal grants are about to be slashed per Congressional decision. This move eliminates roughly $500 million in federal funding from public radio and television. This is having a negative rippling impact on the entire PBS local station system. Read the entire NYTimes report here.

Industry News

WGN Hosts Bob Sirott and John Records Landecker Return with Special Friday Three-Hour Friday Night Radio Nostalgia Show (8/15)

Bob Sirott and John Landecker WGN

WGN, Chicago announced today (8/14) its hosts Bob Sirott (left) and John Records Landecker (right) will return for another night of radio nostalgia. Back by popular demand, “For Radio Geeks Only,” sponsored by Apple Chevy, is expanded to a three-hour show airing on Friday, August 15 from 7:00 to 10:00 pm.Sirott and Landecker first united in July for an hour’s show, reminiscing about their days as music DJs.img “Listeners to our first ‘For Radio Geeks Only’ special told us they wantematthewd more – and John and I did, too! We’re glad to bring it back with an even longer show this time,” said Bob Sirott.  Go back to the days before streaming, cable, VCRs, DVDs, and smartphones when rock ‘n’ roll radio was a source of entertainment. Sirott and Landecker will play their favorite jingles and will be joined by special guests, including 1960s disc jockeys Ron Riley and Spike O’Dell, one of WGN Radio’s very own. Listeners are being encouraged to call or text the station at 312-981-7200 to share their stories of listening to radio and records. The show will be available as a podcast on wgnradio.com.

Industry News

Katz Radio: Radio Delivers for Fast Food Joints

Data from a Katz Radio survey of consumers who eat fast food from quick service restaurants (QSRs) at least once a week, are highly responsive to radio messaging. Katz says its study indicates that “radio is an ideal platform for interest among receptive and responsive fast food consumers. It plays a foundationalimg role in the decision-making journey, often sparking the craving before any digital ad or social scroll can. In fact, the survey shows a measurable lift in intent: consumers targeted by radio campaigns were 4% and 7% more likely to visit, reinforcing radio’s power to drive foot traffic.” Further, the study shows that “89% reported making last-minute meal decisions while in the car—right in radio’s sweet spot. Additionally, 84% believe it’s smart for fast food restaurants to use radio advertising to inform customers about menu items and deals. And notably, 82% admitted that simply hearing ads about food can make them feel hungry, highlighting radio’s unique ability to trigger cravings and drive immediate action.” Read more here.

Industry News

Report: Current Contract with SiriusXM is Stern’s Last

Numerous outlets, including the New York Post, are reporting that Howard Stern’s current contract with SiriusXM expires at the end of this year and it might be his last with the satcaster. Insiders are quotedimg saying Stern is mulling retirement and that he might consider a shorter-term deal than the usual five-year pacts he’s been signing. Still other sources say Stern isn’t the draw he once was, and a renewal of his current $500 million deal is not going to happen. Another report indicates SiriusXM may make a bid for his library of shows instead of a renewed contract for new content. See the New York Post story here.

Industry Views

Monday Memo: How You Tune Them Out?

By Holland Cooke
Consultant

imgUnintentionally, 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.

Whether you’re a broadcaster, podcaster, newscaster, or you are crafting commercial or promo copy, take a fresh look at these often-overlooked pitfalls.

Dated references: Nothing can disrupt your listener’s day quicker than quickly changing weather. Being thought of as a weather source can advantage any station in any format. But you risk that currency by calling tomorrow “…a carbon copy of today.” Few under 50 have ever used carbon paper. And with weather more erratic lately, implying otherwise can make your forecast sound – forgive me – “like a broken record.” Also antique: “Rolodex,” now that listeners’ smartphones have “Contacts.” So, purge old-speak from “the radio dial.” Listeners (and advertisers) notice when we keep-up… or don’t.

Stereotyping: 

— “Soccer mom in a SUV” sure is the retail super-consumer advertisers want to see pull-into the parking lot. Visualize her in programming and promotion planning and sales prospecting… OFF-air stuff. But reinforcing gender roles and class assumptions ON-air paints a narrow picture of parenting and lifestyle, potentially alienating women.
— “You know how Millennials are.” Yes – like “Generation X” – they dislike being typecast, and you sound out-of-touch and judgmental.
— Calling someone “a Karen” can alienate listeners who have felt ridiculed suffering a situation similar to whatever you’re describing. And there are millions in the potential ratings sample named… Karen.
— “Probably some college kid with no clue how to drive in the snow” implies incompetence based on age and background. This kind of dig can undermine younger listeners or newcomers to your market.

Stereotypes are lazy, often a shortcut to humor or imagery. Ask yourself: “Is this something I’d say to someone’s face?”

im

Insensitive Humor: “Looks like someone forgot their meds today!” can offend those quietly dealing with anxiety, or depression. Pandemic silver lining: Mental health is no longer a laughing matter. You may have seen TV PSAs by Howie Mandel, sharing how ADHD has impacted his life and asking that it not be a punchline.

“Potty-mouth:” Mom and Dad’s just-the-two-of-them vocabulary is different than the way they speak with kids in the car, and what they want to hear their children repeat after hearing on radio.

— “Pissed-off” has become unnecessarily familiar, particularly with recent inflation…with which we are “annoyed,” “fed-up,” and “frustrated.”
— Even if something sounds commonplace, origins or implications may make it unsuitable for all-audience radio. “Scumbag” began as a term for condom. “Sucks” and “screwed” also have sexual roots some consider vulgar.

Taboo red flags:

— “No offense, but…” or “I’m just saying…” often precede something offensive.
— “It’s just a joke!” often follows a crack at the expense of marginalized groups.
— “Everyone thinks that…” overgeneralizes and can alienate those who disagree.
— Mocking accents or speech patterns can come across as disrespectful rather than entertaining.
— “Real [men/women] do…” Gendered assumptions can feel exclusionary or outdated.
— “This [group] is always…” Sweeping characterizations often reinforce stereotypes.

Words have weight. In a medium where tone, timing, and trust matter, what we say – and how we say it – can either strengthen listener connection or erode it.

NEXT WEEK: Topics to Tune-IN the listeners you want most.

Holland Cooke (HollandCooke.com) is a media consultant working at the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke

Industry Views

Just Because You Found It Online Doesn’t Mean You Can Use It

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

imgA New Jersey radio station thought they were just being clever online. They scanned a photo from New Jersey Monthly, cropped out the photographer’s credit line, and posted it on Facebook – inviting listeners to edit and reshare it for fun. ying to engage listeners to interact with the station with more than just their ears.”

But that station, WKXW 101.5, ended up in federal court.

Photographer Peter Murphy sued for copyright infringement and removal of attribution. The Third Circuit ruled against the station – finding that the image was used without permission, credit removed, and the photographer’s ability to license his work damaged.

It wasn’t fair use. It was infringement.

Fair Use Won’t Save You from Getting Sued

Fair use isn’t a free pass – it’s a defense. That means someone’s already accused you of infringement, and now it’s on you to justify it.

Even when it works, fair use still costs time and money. In the WKXW case, the station used the entire photo, failed to transform it, and encouraged widespread online sharing. The court saw that as market harm – one of the most important fair use factors.

And don’t assume you’re safe just because it wasn’t part of the broadcast. Courts have made clear that even social media posts by broadcasters can undermine the value of the original and trigger liability.

Don’t Ignore It Just Because It Feels Small

In my own experience with clients fending off these kinds of claims, sometimes it’s obvious. Other times it’s a bluff. But even bogus claims can cost you if you don’t take them seriously from the beginning.

License It, Link to It, or Leave It

If you didn’t create it or license it, don’t assume it’s fair game. Look for content with clear reuse rights. Better yet – link to the source instead of copying it.

Because if a copyright holder comes after you, your intentions won’t matter. Only your rights will.

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.

Industry News

Salzone Rises to OM at Saga Ithaca

Saga Communications’ Ithaca, New York Cayuga Media Group promotes WHCU-AM news director Joeimg Salzone to operations manager for the 10-station cluster. Salzone will take over for Chris Allinger who is retiring at the end of August. Cayuga Media Group president and GM Chet Osadchey says, “Joe is an incredibly hard-working and knowledgeable broadcast professional. He will be a guiding force in our continued evolution as a local media source.”