Fair Use in 2025: The Courts Draw New Lines
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
Imagine an AI trained on millions of books – and a federal judge saying that’s fair use. That’s exactly what happened this summer in Bartz v. Anthropic, a case now shaping how creators, publishers, and tech giants fight over the limits of copyright.
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
“Around The NFL” podcast. As “Heed the Call NFL Podcast” moves to Audacy on September 1, four new episodes will continue to be released weekly during the NFL season on YouTube and everywhere podcasts are available. Audacy head of podcasts Leah Reis-Dennis says, “Dan and Marc are pioneers in sports podcasting and two of the most respected voices in the NFL media landscape. Their compelling mix of expertise, authenticity, and humor has built a passionate following and we’re proud to bring ‘Heed the Call NFL Podcast’ into the Audacy family as we continue to expand our industry-leading sports audio lineup.”
The risk is real. Suggesting that a technique used with great success in the recent past might be beneficial to the present is a perilous course. Is the idea out of touch with today’s reality? Is the author ignoring current trends?
An annual physical is a wise idea. Doc asks, “How are you doing?”. Then he or she asks some detailed questions based on your medical history. Then “how have you been feeling? Any issues?” Doc always orders blood draws to see what might be lurking. Is the statin drug keeping your cholesterol in check? Are you getting plenty of exercise, plenty of sleep? How’s your diet? Over the years, I’ve visited about my health with at least a dozen different doctors. I’m convinced that the good ones always ask good questions and then listen carefully. Good questioner – good listener. That’s the doc I can respect and put my trust in.
WPEN-FM 97.5 The Fanatic on August 8 after almost a year back behind the mic at the station. Missanelli joined sister rock WMMR’s Kathy Romano – a cast member of the “Steve and Preston Show” – was also let go. Beasley issued the following public statement: “We are very grateful for his contributions to the station and our listeners, and we wish him all the best.”
The problem with technocrats is they believe computer programs and machines solve all problems. A technocrat in charge of a business will it kill it, for sure. For example, once a movie theatre is automated, not requiring a pesky projectionist or even a snack counter attendant, you and I would still not buy a ticket – unless the theater was showing an actual MOVIE!
Baby Boomers (born 1946–1964) are some 20% of the U.S. population, but control more than 50% of all household wealth. They hold $70+ trillion in assets and spend an estimated $548 billion annually. They are lifelong AM/FM listeners, and they’re redefining what life after 60 looks like. Are you into what they’re up to?
Imagine SiriusXM acquires the complete Howard Stern archive – every show, interview, and on-air moment. Months later, it debuts “Howard Stern: The AI Sessions,” a series of new segments created with artificial intelligence trained on that archive. The programming is labeled AI-generated, yet the voice, timing, and style sound like Stern himself.
“creative quality is the number one sales driver” and this is often a surprise to advertisers and media agencies who think media tactics (targeting, reach, etc.) drive the most sales. It’s for good reason that everyone wants high brand awareness. A major study from TikTok reveals the greater a brand’s awareness, the greater the purchase conversion. Brands with high aided awareness have 2.86x greater conversion rates compared to low awareness brands. But not all categories operate similarly, Podscribe says that purchase conversion varies widely by advertising category and advises that it’s important to understand the purchase conversion benchmarks for your product category. 
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co-host of the midday show alongside longtime station personality Judi Franco. Johnson – who served as the station’s program director from 1999 through 2017 – 
takes over for Dennis Malloy who retired from the program last week. Johnson says, “Coming back to ‘New Jersey 101.5’ feels like coming home. This station has always had a one-of-a-kind connection to the people of New Jersey. I’m honored to be part of it again — and even more excited to team up with Judi Franco, who’s as sharp, fearless, and funny as they come.” Townsquare Media regional VP Brian Lang says, “Eric is the perfect choice to join Judi on middays. He’s got a longstanding relationship with her, understands the power of the ‘New Jersey 101.5’ brand, and brings instant chemistry to the mic. We couldn’t be more excited — I can’t wait to hear ‘The Judi & EJ Show’ in action.”
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Vingan moves to the 3:0 pm to 6:00 pm daypart. The late morning Chase & Big Joe show – Chase McCabe and Joe Dubin – moves to the 12:00 noon to 3:00 pm slot, and a new program hosted by Jake Lyman launches in the 9:00 am to 12:00 noon daypart. Director of operations & sports program McCabe says, “This new lineup reflects 102.5 The Game’s deep commitment to being the go-to destination for Nashville sports fans. We’re the place to get your news, celebrate wins, and vent about the losses. Your Sports Live Here!”
company’s media platforms, bringing her energy, expertise, and signature charisma to a wide array of content.” Crull will be full-time co-host of “The Buck Belue Show” and will make regular appearances on “The Locker Room” morning show, in addition to leading efforts to expand Dickey Broadcasting’s digital footprint through original podcast content and cross-platform storytelling. Station president and GM David Dickey says, “We couldn’t be more excited to bring Kelly on board full time. She’s the kind of multi-talented broadcaster that elevates everyone around her. Whether she’s behind the mic, in front of the camera, or developing digital content, Kelly brings a passion and professionalism that align perfectly with our mission to inform, entertain, and connect with sports fans across Georgia and beyond.”
Musers” – starring George Dunham, Craig Miller, and Gordon Keith – is joining the Cumulus Podcast Network. Calling it a natural extension of the daily radio program, Cumulus says “The Musers: The Podcast” will deliver exclusive podcast-only segments that fans won’t hear anywhere else. A new episode drops each Wednesday.
Mark Walters
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Conventional industry wisdom: “If our morning star leaves, we’re dead. How could we replace them?”
retirement of Jeff Austin. The station the serves as flagship for University of Oregon Ducks football, men’s and women’s basketball and baseball. Along with these changes, the station unveils a tweaked program schedule that includes the debut of “The Firm of Harris and Marang,” airing daily from 10:00 pm to 1:00 pm and hosted by Danny Marang and Patrick Harris; “Dirt and Sprague” extending their show an hour from 6:00 am to 10:00 am; and “The Happy Hour with Luke Andersen” airing weekdays from 2:00 pm to 3:00 pm. Audacy Portland SVP and market manager Ryan Cooley says, “We’re incredibly excited to bring ‘The FAN’ to the FM dial. This move is long overdue and all about delivering a better listening experience for our audience with clearer sound and great content our fans know and love. For the first time in our history, our entire primetime on-air lineup will be 100% local and led by our new brand manager, Dusty Harrah, a native Oregonian.”
Ask any dog: The humans’ greatest invention EVER? Ice cream. Share summer’s sweetest treat with them, and listeners, during National Ice Cream Month.
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