CLIPPING JUSTICE: Fair Use in Media Creation
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
Let’s continue our ongoing series of articles about fair use. A recent case highlights fair use considerations in audio media and podcasting, particularly concerning music and short audio clips used in intros, where some creators assume that brief snippets automatically qualify as “fair use.” Legal experts clarify that using a song clip, even if brief, doesn’t inherently meet fair use criteria. Courts have emphasized that fair use hinges not just on brevity but also on factors like purpose, nature, and market impact on the original work. Music clips, even short ones, are often seen as significant portions of the original content, carrying substantial value, making unauthorized use in podcasts or similar formats legally risky.
The concept of “transformative use” is crucial in fair use evaluations; content must add new meaning or context to the original rather than simply reformatting it. For instance, the landmark 2 Live Crew case involving their parody of Roy Orbison’s “Pretty Woman” underscored that transformative uses might still face challenges if they impact the original’s market value. This demonstrates that merely placing music in a new setting doesn’t automatically render it transformative.
To mitigate risks, media creators often incorporate shorter clips alongside commentary or critique, which tends to align more closely with fair use. Collaboration or seeking permissions can often be a more practical approach to using impactful content without risking costly legal disputes. Legal sources, including Loeb & Loeb, emphasize that while fair use is an evolving area, obtaining permissions—or using royalty-free alternatives—is often the most straightforward route for creators.
A recent example in Thiccc Boy Productions v. Swindelle illustrates these principles in action. Swindelle, a YouTube creator, used clips from Thiccc Boy Productions’ podcast, hosted by Brendan Schaub, in his reaction videos, asserting a fair use defense due to added commentary. The court ruled in Swindelle’s favor, noting his commentary was transformative and unlikely to harm the original podcast’s market. This decision aligns with trends following Warhol Foundation v. Goldsmith, which clarified that “transformative” uses must contribute clear commentary or critique to meet fair use standards rather than merely repurposing the original.
For today’s media creators, consulting legal guidance before integrating copyrighted material is crucial as copyright law adapts to new digital contexts.
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
The Broadcasters Foundation of America has launched its annual Year-End Giving Campaign, which seeks to raise donations from tax-deductible personal contributions to the Guardian Fund and corporate contributions to the Angel Initiative. The Broadcasters Foundation, a 501c3 charity, is the only charity devoted exclusively to helping colleagues who are in dire need of monthly or emergency financial assistance due to life-altering illness or a disaster. “We are devoted exclusively to providing aid to colleagues in broadcasting who are suffering from extreme illness, or hardship from a devastating disaster,” stated Tim McCarthy, president of the Broadcasters Foundation. “We also take care of colleagues who have retired. Grants are supported solely by contributions from individuals and companies within our industry and offer a ‘hand-up’ to our colleagues during trying times. We’re asking everyone in broadcasting to please consider including the Broadcasters Foundation in your 2024 charitable giving.” Over the past 20 years, the Broadcasters Foundation has distributed over $15 million in aid to colleagues nationwide, across all states and territories, who need it most. “Requests for aid continue to grow exponentially as more of our peers and their families are affected by severe illness or disasters, such as the recent flurry of destructive hurricanes,” explained Scott Herman, chairman of the Broadcasters Foundation. “Whether it’s a monthly grant or one-time aid in response to an emergency, the Broadcasters Foundation is often a refuge and beacon of hope for colleagues whose lives have been upended by unforeseen and tragic circumstances. Please consider a donation. Donations go directly to helping our colleagues who are in desperate need.” For more information about the Broadcasters Foundation, including how to apply for aid or make a donation, visit 
more than 10,000 employees, a source with knowledge said, amounting to hundreds of job losses as the company streamlines its business and eliminates redundancies. The story also quotes iHeartMedia spokesperson Wendy Goldberg, saying the company has focused on expanding its Gen Z audience and that its broadcast radio audience has “more listeners than it did 10 years ago. Although in a company of 10,000 people very few jobs have been affected, there have been some and we never take this step lightly no matter how few jobs it entails; every team member is important to us and has our respect and appreciation.” 
Take advantage of the new media order. Initially, TiVo was a hit because you could pause live TV and go to the bathroom whenever you wanted. Bathroom breaks while watching live TV was a revelation. As you were going to the bathroom, your relationship with media was being re-wired in your brain. In a matter of months, you were able to watch what you wanted, whenever you wanted. DECADES of TV scheduling strategies became anachronistic. It’s November. Do you know when your favorite shows are airing on TV? No! No need you’ll watch them whenever you want!
WURD Radio Endorses Kamala Harris for President. For the first time in its 20+ year history, Philadelphia’s only Black-owned radio station, WURD Radio has endorsed a political candidate — Kamala Harris for President of the United States. Prompted in part by the decision from owners of the Los Angeles Times and The Washington Post to overrule planned endorsements by their editorial boards, sources at the station tell TALKERS, this decision underscores the importance of independent media ownership. From the endorsement: “Our founder, Walter P. Lomax Jr., M.D., understood that the media has the power to shape perceptions, images, narratives and, most importantly in this election, to tell the truth. He understood that the media can demonize or humanize, destroy or exalt, diminish or elevate. Dr. Lomax knew that mainstream media often marginalizes, caricatures and maligns Black people. WURD is in a unique position to speak honestly and emphatically about what matters most to our community because we are independently owned.” To read the entire text of the endorsement, please 
SiriusXM Tips Off College Basketball Coverage with 74 Games on Opening Night, November 4. SiriusXM will deliver college basketball fans an extensive schedule of live games throughout the 2023-24 college basketball season, starting with a slate of 74 women’s and men’s matchups to choose from when the season tips off this Monday (11/4). The men’s schedule includes all 19 teams from the Associated Press Top 25 that are in action on Monday night, including the season’s first matchup of Top 25 ranked teams – #8 Baylor @ #6 Gonzaga (11:30 pm ET). The opening day schedule of women’s games on SiriusXM includes 12 teams from the Associated Press Top 25 and features a couple of Top 25 matchups – #20 Ole Miss @ #3 USC (noon ET) and #5 UCLA @ #17 Louisville (2:30 pm ET). Throughout the season SiriusXM listeners will get access to dozens of game broadcasts each week involving teams from the SEC, Big Ten, Big 12, ACC, Pac-12, Big East and more.
Newsmax Launches in France on Molotov. Newsmax TV, one of America’s most popular news channels, just launched on Molotov, one of France’s leading TV platforms, as U.S. voters go to the polls to pick their next president. The Newsmax channel went live on Molotov’s platform on October 24, 2024, expanding its global footprint with 19 million Molotov users in France and French-speaking territories. Molotov is one of France’s main TV services offering streaming television to internet users across the nation and its territories. Molotov subscribers can tune to Newsmax via the platform’s free tier.
This sixth installment in 
Media analyst, broadcaster, and trade journal publisher Michael Harrison appeared on the popular Jeff Katz afternoon drive show on WRVA, Richmond yesterday (10/29) to discuss comments he made earlier in TALKERS about the historic significance of former President Donald Trump‘s recent three-hour guest spot on the “Joe Rogan Experience” podcast. To listen to the fascinating discussion, please 
“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.”
“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). 
It 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.
One day last winter, Alison Stewart, the host of “All of It” on public station WNYC, New York was alarmed to find herself speaking gibberish. 
Music 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 Goldrich, Paul Reisch, Brian 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.
Longtime CFO Marie Tedesco will retire from Beasley after 33 years of what sources describe as “dedicated service to the company.” Before joining Beasley, Burrows Coleman served as Global Head of Strategic Corporate and Commercial Finance at Wayfair, where she led a global team of 50 across Financial Planning & Analysis, Commercial Finance, Capital Markets, Corporate Development, and Global Tax functions. Burrows Coleman’s career also includes leadership positions at WindSail Capital Group and Wind Point Partners, both private equity firms, as well as GE Capital, where she managed equity and debt investments across various industries. She began her career as an investment banker in the Communications & Media group at Lehman Brothers. “We are absolutely thrilled to welcome Lauren into the Beasley family,” said Caroline Beasley, CEO of Beasley Broadcast Group, Inc. “Her extensive and diverse experience, combined with her leadership skills, are exactly what we need to drive the company forward as we evolve into the future.” Burrows Coleman holds an MBA from Harvard Business School and an A.B. cum laude from Dartmouth College. Commenting on Marie Tedesco’s retirement, Beasley said, “Marie has been an integral part of our success, and her contributions have shaped the organization into what it is today,” adding, “It has been a privilege to work alongside her, and we are deeply grateful for her unwavering commitment, hard work, and leadership. We will greatly miss Marie’s wisdom and guidance, and we wish her nothing but the very best!”
“The CloakRoom with Former Senator Doug Jones” will air live tomorrow from 6:00 pm – 8:00 pm ET on channel 127. According to company sources, with just a few weeks remaining before the November 5 elections, Senator Jones will engage with Progress listeners, taking calls to discuss the pressing news stories of the day. He’ll also leverage his personal political experience to analyze the key senatorial races, as well as the presidential election. In addition, the former senator will be joined by Julie Chavez Rodriguez, VP Kamala Harris’s campaign manager, as well as a surprise guest. “The stakes in this election could not be any higher,” Jones tells TALKERS. “I can’t think of a better way to talk directly with voters nationwide and have real conversations about the issues at the top of their minds as we head into Election Day. As a regular guest on SiriusXM’s Progress channel, I know they have a passionate audience with a lot of important, fresh subjects to discuss, so this should be a lot of fun.” The show will have its first run live during the usual time slot of “The Dean Obeidallah Show.” 
The special will also replay multiple times throughout the week and will be available anytime on demand on the SiriusXM app. Progress is SiriusXM’s channel dedicated to amplifying progressive viewpoints. The channel features a wide range of voices including Zerlina Maxwell, Stephanie Miller, Thom Hartmann, Michelangelo Signorile, Dean Obeidallah, John Fugelsang, and more. Photo by Joy Asico-Smith / AP for SiriusXM.
According to a report in The Forum, Fieldstone Group, which owns Fargo heritage radio station “The Flag” at AM 1100 / FM 92.3, is planning to purchase WDAY Radio from Forum Communications, owner of WDAY-TV and The Forum. In November 2020, Fargo-based Fieldstone Group began managing WDAY. If the sale is approved by the FCC, Fieldstone will own the 102-year-old AM radio station, its online properties, social media accounts, and transmitter/tower site. Terms of the sale were not immediately disclosed by the buyer or the seller. “We are thrilled to see this day arrive,” said Steve Hallstrom, president and managing partner of Fieldstone Group. “We thank the Marcil family and the leaders and staff of Forum Communications for a great partnership these last four years. WDAY Radio has always had a tradition of serving the community with great news, weather, ag, and sports and we’ve enjoyed the journey of growing those elements with the help of our friends and partners at Forum Communications.” Hallstrom said it’s been important to have WDAY Radio “serve the community with quality local programming from sunrise to sunset, which is becoming a rarity in our business. I also want to thank our listeners for their loyalty and the many local businesses and organizations that have trusted us with their advertising and marketing dollars.” Fieldstone Group also owns KTGO “The Flag” in Tioga, N.D, at AM 1090 and FM 92.7, three stations in Grand Rapids, Minn: KOZY 1320 AM / 93.1 FM, KMFY 96.9 FM and KBAJ 105.5 FM; and The McKenzie County Farmer newspaper based in Watford City, N.D. “WDAY Radio is North Dakota’s longest-serving broadcast operation,” said Scott Hennen, VP/partner of Fieldstone Group and general manager of WDAY Radio from 2001-2009. “It is an honor to take ownership of this iconic community source of information.”
Storm specialist Mike Seidel is currently reporting from Madeira Beach, FL while correspondent Robert Ray is in Fort Myers Beach, FL. On Tuesday, Seidel will report from St. Petersburg, FL with Ray remaining in Fort Myers. FOX Weather will also deploy meteorologists Britta Merwin and Steve Bender to Sarasota, FL, Bob Van Dillen to Tampa Bay and Haley Meier to Daytona Beach, FL while meteorologists Michael Estime, Craig Herrera, Ari Sarsalari, Ian Oliver and Kiyana Lewis will anchor coverage from FOX Weather headquarters in New York. FOX Weather hurricane specialist Bryan Norcross will also provide continuous updates from New York. FOX Weather Digital will provide comprehensive coverage of Hurricane Milton, available 24/7 on FOXWeather.com and in the FOX Weather app, including the exclusive Hurricane HQ tab. FOX Weather Digital will include leading meteorological analysis, exclusive expertise from Norcross, coverage from all FOX Weather field resources and related content of every angle related to US impacts of the storm.
With its state-of-the-art technology capabilities that includes satellite and IP distribution and live sports production, the company is available to offer additional services to those in need. “At Skyview Networks, our top priority is the safety of our partners and the continuity of their operations,” Aaron Mellis, VP, business services, Skyview Networks tells TALKERS. “With Hurricane Milton approaching, our team is fully prepared and ready to step in with services to support our clients’ needs, ensuring they are met seamlessly.” For inquiries on extended services in preparation of Milton, please contact 
This edition explores game-changing shifts in creativity, artificial intelligence, measurement, and audience activation—highlighting key trends crucial for navigating the evolving ad environment. KEY FINDINGS: According to research compiled in the guide, emotional messaging is gaining renewed importance in audio advertising, driving an 8.2% increase in consumer action with ads that evoke positive feelings. In the creator economy, “test and see” strategies are becoming obsolete, as authentic creator partnerships are now essential to media plans. In fact, 40% of advertisers are shifting from one-off campaigns to year-long collaborations with creators, recognizing the lasting value these partnerships offer.
FNN 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 
Focusing on being a trusted guide to podcast discovery, Podcast Radio features a diverse lineup of curated podcasts across various genres, with presenters, giving listeners in Minnesota an expanded radio experience. The station was the first Podcast Radio affiliate to feature dedicated genre hours, including business, true crime, comedy, and musical conversation. According to sources at Podcast Radio, “This genre-based scheduling allows listeners to enjoy expertly curated content that aligns with their interests, delivered through our innovative platform and partnership with Local Radio Network (LRN).” Gerard Edwards, CEO of Podcast Radio, tells TALKERS, “We are excited to have Podcast Radio on in Minnesota. Our genre-based scheduling allows us to offer something for every listener, while using the trusted radio format to connect audiences with the world of podcasts. Alpha Media has been an incredible partner, and we look forward to expanding our presence.” Podcast Radio Minnesota joins Podcast Radio Missouri, broadcasting in dayparts on KREI-AM (Farmington), KWIX AM/FM (Moberly) and KJFF (Festus). Podcast Radio also has four 24/7 stations with Beasley Media Group in Detroit, the Carolinas, Tampa Bay and Southwest Florida. For more information on how to bring Podcast Radio to your station, contact Gerard Edwards — gerard@podcastradionetwork.com — or send general questions to 
Audacy, Inc. announced yesterday (9/30) that it has successfully completed its financial restructuring, implementing a fully consensual, deleveraging transaction that equitized approximately $1.6 billion of funded debt, a reduction of 80% from approximately $1.9 billion to $350 million. Sources at the radio giant – owner of more than 220 local stations including major all-news, news/talk, and sports talk outlets – say the company emerges as a “healthy, scaled, multi-platform leader in the dynamic audio sector, with total net leverage of approximately 2.7x, differentiated by its #1 position in exclusive, premium audio content.” 
Audacy will continue to be led by David J. Field, its current president and CEO, and its existing management team. Field will also serve on the company’s new board of directors. Field states, “We are pleased to have successfully achieved all of our restructuring goals, emerging with an outstanding balance sheet, delivering industry-leading growth, serving our listeners and advertisers with excellence and honoring our commitments to employees and partners,” adding, “Today, Audacy embarks on our next chapter, capitalizing on our position as a scaled, multi-platform audio leader, differentiated by our exclusive, premium audio content, including our unrivaled leadership in sports audio, powered by our industry-leading financial strength and focused on accelerating our innovation and digital transformation. We are maximizing a broad set of opportunities to further accelerate our growth for the benefit of Audacy and all its stakeholders.” In conjunction with the completion of its restructuring, Audacy is expected to become a private company. Audacy’s restructuring comes after the FCC’s commissioners gave a thumbs up on the assignment of licenses held by the radio giant to a new, post-bankruptcy version of the company on September 18, allowing the radio giant to bypass the commission’s review, at least temporarily. According to reliable reports, the Soros Fund Management, led by billionaire investor and powerful supporter of liberal causes, George Soros, acquired over $400 million of the radio company’s debt, making it the largest contributor among a group of lenders looking to exchange loans for stock. Concern grows in the radio industry and related political circles, including some Members of Congress, that the influence of Soros’ political leanings might be felt in the programming of Audacy’s all news stations and predominantly conservative news/talk outlets.
