Industry News

WWO: AM/FM and Podcasts Outperform TV in Auto Aftermarket Category

The latest blog post from the Cumulus Media | Westwood One Audio Active Group looks at data from a study the company commissioned by MARU/Matchbox analyzing the auto aftermarket category.  Some of the key findings from the study include: 1) The segment has recovered to pre-pandemic levels. Annual spend,im number of retailers shopped, retailers shopped most often, brand perceptions, and advertising recall have recovered; 2) Brand equity and shopping patterns for the top two performers (AutoZone and O’Reilly Auto Parts) are stable to up. The second-tier players are slightly off; 3) AM/FM radio and podcasts are the ideal platforms to advertise auto aftermarket. TV underperforms with category usage and brand equity: Heavy AM/FM radio and podcast listeners visit more retailers in the category, make more shopping trips, and spend far more than the average. Two key consumer segments, do-it-yourselfers and ultra-heavy shoppers are more likely to be heavy AM/FM radio listeners. TV viewers are weak category users. See the blog post here.

Industry News

iHeartMedia’s Jeff Littlejohn Retires; Steve George Promoted

Longtime iHeartMedia executive Jeff Littlejohn, who most recently served as executive vice president of engineering, is retiring from the company. Steve George will step into the role, effective immediately. The company says that Littlejohn will continue in an active consulting role. He retires after 32 years withim iHeartMedia, first starting in 1992 as chief engineer for the Cincinnati cluster. He was part of the team that created the first version of the iHeartRadio App and worked with Toyota and Ford on the first integration of iHeartRadio.  More recently, Littlejohn helped spearhead a modernization of iHeart’s studio facilities and conversion to cloud-based audio systems. iHeartMedia Markets Group president Hartley Adkins says, “There are few people in the industry with the expertise and longevity that Jeff has and we’re grateful for the incredible work he’s done for iHeart. We’ve been fortunate to rely on him for over three decades and I’m so thankful we’ll keep drawing from Jeff in his new consultancy role.”

Industry News

Ewell Named Market Manager for iHeartMedia Wilmington

iHeartMedia Wilmington names Katie Ewell market president for the Wilmington, Delaware group. She hasim been serving the company as market president for the Salisbury, Maryland operations. iHeartMedia Mid-Atlantic Area president Brit Goldstein says, “Katie has done incredible work in Salisbury, consistently demonstrating exceptional leadership and creativity. By adding the Wilmington market to her purview, she will bring her outstanding approach to partnership and innovative solutions to the entire Delmarva Peninsula.  I’m excited to see Katie and the team flourish in her expanded leadership role.”

Industry News

Former Badgers Coach Alvarez Joins ESPN Madison

Former Wisconsin Badgers head coach and director of athletics Barry Alvarez joins ESPN Madison and Good Karma Brands as an on-air host and brand ambassador. The company says he will be featured acrossim ESPN Wisconsin programming, including weekly appearances on “The Great Dane Huddle” on ESPN Madison with former Badgers Derek Engler and Tarek Saleh. Good Karma Brands founder and CEO Craig Karmazin says, “Barry’s significance to the Wisconsin sports landscape and to Good Karma Brands can’t be overstated. I would not have visited Wisconsin as a college student and eventually started a company here had it not been for the way he and Pat Richter transformed the Wisconsin football program. To add a teammate with his leadership skills, experience, knowledge, and passion is a huge win for our fans, advertising partners, ESPN Madison, and all of GKB.”

Industry News

WRKO, Boston Raises More Than $67,000 for Disabled Veterans

iHeartMedia news/talk outlet WRKO, Boston raised more than $67,000 during the station’s ninth annual DAV Radiothon to benefit the Disabled American Veterans Department of Massachusetts. The radiothon took place on Friday (11/8) and featured talk hosts Jeff Kuhner, Chuck Zodda, Mike Armstrong, Grace Curleyim and Howie Carr encouraging listeners to donate and raise funds for the DAV of Massachusetts’ homeless shelter and transportation programs. iHeartMedia Boston director of operations, news, talk and sports Bill Flaherty says, “Once again, the WRKO listeners responded in support of our Veterans. Their generosity provides much needed services for those who sacrificed so much for our country.” Since 2016, the DAV Radiothon has raised over $1,125,000 to benefit veterans in the community.

Industry News

Western Mass “Survivor Stories” Series to Launch on Community Platforms

Westfield Community Programming (WCPC) is launching a new, eight-week series, “Survivor Stories,” which profiles people who have experienced catastrophic circumstances and survive (and thrive). Their stories include recovery from cancer, Bell’s Palsy, suicide of a spouse and more. Mark G. Auerbach, longtime areaim media producer and host of WCPC’s “Arts Beat” and “On The Mark” serves as producer and host. Auerbach, who survived simultaneous kidney failure, a massive heart attack, and complicated surgery in the last year, tells TALKERS, “As I fought to get back on my feet, friends and total strangers reached out to tell me how they had coped, survived, and moved on. Thanks to great healthcare people and friends, I’m here to tell my story and share others’ stories. We can learn and be inspired, as we see people conquer what appears impossible.” “Survivor Stories,” premiers this Friday, November 15, at 7:00 am on Westfield Community Programming, 89.5 FM WSKB, Southwick Community TV, and Agawam Media.  It will be archived on YouTube under WSKB Community Radio.

Industry News

Yesterday’s (11/11) Top News/Talk Media Stories

The aftermath of the presidential election and President-elect Donald Trump’s potential cabinet appointments; speculation over Trump’s promised migrant deportation; Wall Street’s ongoing post-election rally; the rise in anti-Semitic activity in the U.S. and Europe; Trump’s expected pardons for January 6 convicts; and the Veterans Day holiday were some of the most-talked-about stories in news/talk media yesterday, according to ongoing research from TALKERS.

Industry Views

MONDAY MEMO: Optimize Your Brain

By Holland Cooke
Consultant

imDo you wish you could get in just one more hour of focused work… but your brain won’t cooperate? You’re not alone.

21st century productivity – especially for those of us in talk media where the action never stops – demands that we work against the way we’re wired. “For the brain to produce work of quality,” physician and neuroscience researcher Dr. Mithu Storoni says, “it needs to work in its own way.”

She observes how we’re expected to solve problems as though we’re feeding an industrial-era conveyor belt. But ideas can’t be manufactured in assembly-line fashion. Her solution? Rather than imposing the rhythms of work on our brains, we should impose the rhythm of our brains on our work.

im

Simple tips from her book, Hyperefficient: Optimize Your Brain to Transform the Way You Work:

Keep shifting gears. Our brains function like a car’s engine, different gears for different mental challenges. We’re better-off doing short bursts of intense work followed by longer periods of light work.

• Take a walk. Have you noticed that you have some of your best ideas when you do? Sitting upright in an office chair staring at a computer doesn’t let the mind wander.

Coffee is a friend. Storoni finds “no evidence that caffeine ingestion upon waking is somehow responsible for an afternoon ‘crash’ — or that delaying consumption would somehow prevent this if it did occur.”

Tech can be a foe. Screens are making us jittery. The quantity of information they deliver can hinder the quality of our ideas. Did you ever read an email… see red… then fire-off an ill-advised reply? And social media “has this power to distort space and time,” causing us to feel “that something we are seeing is happening now and near to us. The problem is if this event is taking place halfway around the world, you cannot do anything to make the situation better.”

Practice paying attention. “It takes some effort to focus. If I were to say, ‘Focus on that spot on the blank wall’, you’d need to work at it,” Storoni says. “Now information is cheap and attention is expensive, so everything is competing to grab our attention.”

Never ignore mental fatigue. If you do more than four hours of “mental heavy lifting” every day, Storoni says the mind can’t recover even after a night’s rest, and fatigue drags into the next day.

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

Industry News

IHeartMedia Names Lisa DiMartini President for Allentown and Reading

iHeartMedia announced today (11/11) that Lisa DiMartini has been appointed market president for the Allentown and Reading markets, effective immediately. Lisa DiMartiniThe iHeartMedia Allentown and Reading markets include seven iconic station brands across both broadcast and digital formats, offering a diverse lineup of music, talk and news programming. In her new role, DiMartini will oversee sales, programing, promotions, and operations for both the Allentown and Reading markets. She will report to Brit Goldstein, president of the iHeartMedia Mid-Atlantic area.  “Lisa is the consummate professional –  unflappable, positive, and centered.  She has rejuvenated the Allentown market with her unique approach to fostering culture and partnerships,” said Goldstein.  “I’m very excited to see Lisa apply her business principles to the Reading market and beyond.” DiMartini most recently served as the VP of sales for iHeartMedia Allentown, where she played a pivotal role in driving growth and fostering innovation. Prior to that, she served successfully as account executive for iHeart Allentown. Her career began at The Morning Call in Allentown and she is a graduate of Millersville University.  “I am honored to expand my role to lead both the Allentown and Reading markets,” DiMartini tells TALKERS.  “I look forward to working with the talented teams in both locations to drive continued success and growth while delivering value to our partners and listeners.”

Industry News

Top News/Talk Media Stories this Past Weekend (11/9-10)

The aftermath of the presidential election dominated this past weekend’s talk media discussions (11/9-10), highlighted by buzz over potential appointments to positions of power in the forthcoming Trump Administration and followed by an abundance of “Monday Morning Quarterbacking” about why the election went the way it did. Speculation over the coming massive migrant deportation was the top story along with interest on how the new administration will impact the wars in the Middle East and Central Europe.  Other topics in the mix were the economy, and talk of Donald Trump’s plan to put Elon Musk and Robert Kennedy Jr. in positions of influence in his administration according to ongoing research from TALKERS.

Industry News

IHeart Media Appoints New Region Presidents for New York and Chicago

iHeartMedia announced today (11/8) that Steve DeLusant has been named region president for the New York market and Adam Kurtz region president for the Chicago market, effective immediately. Steve DeLusant DeLusant and Kurtz will report to Bernie Weiss, division president, iHeartMedia.  DeLusant and Kurtz will be responsible for managing multiple platforms across New York and Chicago iHeartMedia brands. In these newly appointed positions, both region presidents will work closely with the sales, programming and digital teams for all station brands in the New York and Chicago markets and will also have direct oversight of the respective sales teams.  “I’m thrilled to promote both Steve and Adam. It’s especially rewarding to find the best candidates for key leadership roles in your own buildings,” Weiss tells TALKERS. “They’re extremely knowledgeable about our ever-evolving business and have built some of the best media sales teams in the country. I’m confident that they will continue to elevate our New York and Chicago operations to even greater heights and continue to drive revenue.” Prior to his new role, Steve DeLusant has held the position of SVP of sales for iHeart New York since January 2020. Adam Kurtz Earlier in his career, DeLusant was senior account executive for Emmis Communications and a sales associate for WLTW.  Adam Kurtz is a seasoned media veteran with 23 years of sales experience at iHeartMedia including 14 years in sales management.  Kurtz began his media career at WLIT in Chicago where he was an account executive for nine years.

Industry Views

Election Takeaways for News/Talk Radio

MH UCFO studioThis presidential election cycle provided a number of insights, revelations, and takeaway lessons for news/talk radio.  And by using the term “news/talk radio” I mean all spoken word platforms on the AM/FM dial including commercial, public, educational, and ethnic outlets that provide news, politics, and commentary.  They are all RADIO.

1. ​Conservative talk radio is legitimate. Its detractors who claim its content and opinions only address a relatively small percentage of the American public and a dying demographic are obviously misreading the tea leaves.  Conservative talk radio is big, influential, and a long-time bellwether of American public opinion.  Conservative talk radio would do much better than it already does in terms of ratings and revenue if it were supported by its preponderance of financially crippled and intestinally paralyzed owners with the resources it needs to do what it does with maximum effectiveness.  The genre should stay the course, perhaps with renewed vigor and variety.

2. The potential for liberal talk radio has never been greater in the modern era.  Opinion radio works best when it is the resistance to “big” anything – big government, big media, big business, big religion, big tech, big pharma, and big BS. There are key differences between playing cultural offense and defense in this game.  The stage is now set for the first time since the blessed repeal of the Fairness Doctrine for a tremendous resistance and galvanizing on the left side of talk radio’s commercial offerings… now that the shoe is obviously on the other foot.  This should not be executed at the expense of conservative talk radio.  There are enough dead in the water music stations out there ready for new life.  And don’t tell me about Air America.  That’s ancient and inapplicable history.  I’m a broadcaster, not a politician. The true “battleground” of today’s dynamically polarized society should and can take place to a large and healthy extent on the AM and FM dial!  At present, YouTube is eating radio’s lunch with its energetic lineup of outstanding independent liberal talk talent (as well as conservative).

3. Public radio needs to come clean. Until public radio gets honest with itself as to what it actually represents on the true spectrum of public opinion, it will not realize growth, but rather a continuing background wallpaper role in American politics and cultural relevance. A new level of self-honesty will provide public radio with the boost it so desperately needs to move in a more pertinent direction.

4. Ethnic talk radio does not represent political monoliths. Time to wake up to that obvious fact and stop with the insulting blinders and stereotypes.

5. Joe Rogan. The radio industry should never have allowed Joe Rogan and those who will follow in his footsteps to be a non-AM/FM talk show host.   Talk radio and talk media are cousins and they currently are still genetically connected.  But they are also competitors and talk radio is fighting an uphill battle in that struggle.

Michael Harrison can be contacted at michael@talkers.com. 
 

Industry News

Erick Erickson Partners with KRMG on Listener Event

Erikson
Yesterday afternoon (11/7) syndicated talk show host Erick Erickson partnered with 102.3 KRMG  (KRMG-FM) for a listener event in Tulsa, OK. The casual and intimate meet and greet experience was held at the We Street Ice Center and was open to KRMG listeners and Erickson fans. Leading up to the event, listeners had an opportunity to submit questions for Erickson to address during the event.  He touched on some of the questions before taking pictures and interacting with listeners. “This was a great opportunity to get to Oklahoma.  Working with all my affiliates to be present and local with them is a core part of how I do radio,” Erickson tells TALKERS.  “KRMG turned out a giant crowd and, just after this election outcome, it made for a great time.”  The KRMG Erick Erickson Experience brought in about 300 people.  “The turnout at an event like this shows the influence Erick Erickson has in our market and we are thrilled to be able to offer this one-of-a-kind experience to our listeners,” says Levi May, KRMG director of branding and programming.  Erickson broadcasts on KRMG weekdays 11:00 am – 2:00 pm. Learn more at krmg.com.

Industry News

Top News/Talk Media Stories this Past Week (11/4-8)

The lead up to Election Day and its aftermath dominated all news/talk media platforms this week including a rehash of the key issues of this cycle: Election Postmortem; Economy; Migrant-Border Crisis; Abortion / Health Care; Russia-Ukraine War; Middle East Violence; Climate Change / Race Relations /Gender Relations; Big Tech / Media Corruption-Bias; and Crime / Homelessness.  To see the complete chart of the most talked about stories and people, please click here.

Industry Views

CLIPPING JUSTICE: Fair Use in Media Creation

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

imLet’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

Industry News

Hillsdale Radio Performs Big Time Election Night Coverage

HillsdaleJournalism is alive and well within certain college radio circles. On Election Night (11/5), the WRFH/Radio Free Hillsdale 101.7 FM student broadcast team hosted live coverage from the Searle Center on Hillsdale College’s campus in Hillsdale, MI and invited students, faculty, and staff to attend and watch election results roll in and listen to analysis. Student anchors were joined by the presidents of Hillsdale College Republicans and Hillsdale College Democrats, three members of the Hillsdale faculty, a candidate for the Michigan State House, a candidate for the Michigan Supreme Court, and reporters from the Detroit News, the Daily Caller, the Center Square, and the Daily Signal. Back at the WRFH studios, the station’s news team worked to update listeners with results from state and local races all night long. More than 200 people came out to the broadcast in action. WRFH GM Scot Bertram tells TALKERS, “It was a home-run event!  Students work hard to prep for this quite unpredictable night. There’s an enormous amount of planning and research involved to set everything up. Then the night unfolds, and they realize it’s a ton of fun, as well. I’ve heard from more than a few students who took part in our previous Election Night events that it’s one of their best experiences on campus and really drew them deeper into the journalism program here at Hillsdale.”

 

Industry News

TALKERS News Notes

BFoA Launches Annual Year-End Giving Campaign For Donations to Help Colleagues in Need.  imThe 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 www.broadcastersfoundation.org, or contact 212-373-8250 or info@thebfoa.org.

 

Trans Siberian Orchestra
Siberian Orchestra Delivers a Powerful “Star-Spangled Banner” for Radio.  The Trans-Siberian Orchestra (TSO), the rock group known for its epic Christmas concerts, has released a special rendition of the “Star-Spangled Banner.” With this interpretation of the national anthem, TSO honors the brave men and women who have served our country, including those who made the ultimate sacrifice. TSO’s music director, Al Pitrelli, tells TALKERS, “I grew up in a military family. Both of my grandparents, my father, and uncles, served. Two of my children are currently serving. The Armed Forces is an important thing in my family and the TSO family. We always make sure to acknowledge all they do for this country.” This powerful performance has been made available for radio to air on Veterans Day and throughout the year.
For more information contact: Mike McVay – mikemcvay@mcvaymedia.com 
Industry News

Yesterday’s (11/6) Top News/Talk Media Stories

ELECTION POST MORTEM:  “Monday Morning Quarterback” analysis of the presidential election was dominant on the top talk media stories list yesterday (11/7) as the dust slowly settles on an industry that just ran a marathon.  Other top issues of discussion emanating from that included abortion rights, the economy, media bias, war and rising tensions in the Middle East and Central Europe, and the ever-present migrant/border crisis according to ongoing TALKERS research.

 

Industry News

NYPost: “iHeartMedia Slashes Hundreds of Jobs”

The New York Post is reporting that iHeartMedia has cut “hundreds” of jobs in a move executed on Monday (11/4). The Post writes, “The company headed by CEO Bob Pittman has cut less than 5% of a workforce ofim 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.” Read the Post story here.

Industry News

NAB Statement on 2024 Presidential and Congressional Election

In response to the 2024 presidential and congressional election, the NAB released the following statement: im“NAB congratulates President-Elect Trump and the new and returning members of Congress. Local television and radio stations are committed to working with the next administration on policies that will enable increased investment in local journalism, emergency information, sports and entertainment on which our communities rely. NAB will continue its bipartisan work with policymakers to strengthen this free, local service that is essential to our democracy.”

Industry News

Talk Radio Shines with Election Night Coverage

im

It was a late night of extra duty for radio talk show hosts as stations and networks across the nation garnered their human and technical resources to provide listeners with accurate news and insightful analysis of the unfolding drama of Election Night in America. In many cases, coverage was provided by panels of air staffers, contributors and special guests gathered in central studio locations and supplemented by remote audio and video call ins.  Some stations sent their talent to electoral hot spots for live remote reports. Local talk show hosts from the battleground states enjoyed extra exposure making multiple appearances as guests on other shows and platforms around the nation.  Syndication networks used the event effectively to showcase their talent lineups.  And the “special” nature of these programs created a wide variety of advertising package opportunities for radio sales departments locally and nationally. In the broader arena of talk media, a number of popular political YouTube channels from both the left and right also put their best efforts into covering the news and views of one of the most anticipated nights in U.S. election history.  As TALKERS publisher Michael Harrison put it, “Talk radio and its YouTube and podcasting cousins took a back seat to no one – specifically the major TV networks – in their determination to provide their loyal audiences totaling millions of the most politically active citizens with the news and views that make their collective platforms the most accurate bellwether of American public opinion in the media today.”    Pictured above: Election Night coverage live from the state-of-the-art WABC, New York audio/video “Studio 77.”  Shown (l-r) George Pataki, former New York State governor; Judge Richard Weinberg, co-host of “Let The Record Show;” Rita Cosby, host of “The Rita Cosby Show” and co-host of “Cats & Cosby;” John Catsimatidis, owner of Red Apple Media and WABC, host of “The Cats Roundtable,” and co-host of “Cats & Cosby;” Anthony Weiner, former U.S. Representative, host of “The Middle with Anthony Weiner,” and co-host of “The Left Versus The Right;” Paul Stone, CEO of Colonial Metals Group and economic contributor to WABC Radio; and David Patterson, former New York State governor and political contributor to WABC Radio.

Industry Views

FAIR USE: What Constitutes “Publishing” or a “Publication” on Today’s Media Playing Field?

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

imAs the practice of “clip jockeying” becomes an increasingly ubiquitous and taken-for-granted technique in modern audio and video talk media, an understanding of the legal concept “fair use” is vital to the safety and survival of practitioners and their platforms.

When assessing fair use in audio media, courts closely examine the “nature of the copyrighted work,” especially focusing on whether the work is factual or creative, and published or unpublished. Factual content, such as news reports or data, is more likely to be seen as fair use material, as it’s in the public interest to keep factual information accessible. Creative works, like music, fiction, or original performances, often enjoy stronger protection because they embody the creator’s unique expression and should be compensated accordingly.

Unpublished interviews or speeches.  When audio content includes unpublished material – such as a speech or interview that hasn’t been publicly released – courts typically approach it with heightened caution. For example, if a podcast includes clips from an unpublished interview with a politician to enhance commentary, courts might scrutinize this more heavily than they would a published work, as the speaker retains significant control over whether and how the content reaches the public.

Case study insight: Salinger v. Random House (1987).  The landmark case Salinger v. Random House highlighted how unpublished works generally receive stronger copyright protection. In this case, the use of unpublished letters in a biography was ruled as infringing, emphasizing that unpublished materials hold a unique status in copyright law. If a podcaster today were to use a similarly unpublished interview with a public figure without significant commentary or transformation, they might face greater legal challenges.

Redefining “published” in the digital era.  With digital platforms, the meaning of “published” is evolving. Traditionally, a work was deemed “published” when made available for sale, license, or public distribution. Now, sharing content online, even in a limited way – such as within a closed social media group or private online forum – raises questions about whether the content should be considered published. Courts are increasingly aware that limited digital sharing doesn’t necessarily reduce a work’s unpublished protections, but extensive online distribution might.

Modern considerations of online sharing. Courts today analyze factors like control over access and the sharing platform’s nature. For instance, an audio clip shared in a restricted forum might retain its unpublished protections, while a widely posted clip could lose some of those protections. Additionally, when creators post content on platforms like Instagram or YouTube before officially “publishing” it elsewhere, courts may take the creator’s intent and distribution scope into account when determining the content’s legal status.

As online platforms reshape how creators distribute their work, they also impact fair use, pushing courts to reinterpret what it means for a work to be “published.” This evolving understanding means that copyright protections depend not only on whether a work is accessible but also on the level of control over its distribution, especially for audio content.

Media attorney, Matthew B. Harrison is VP/associate publisher, TALKERS; Senior Partner, Harrison Media Law; and executive producer, Goodphone Communications.  He is available for private consultation and media industry contract representation. He can be reached by phone at 724-484-3529 or email at matthew@harrisonmedialaw.com

Industry News

Yesterday’s (11/5) Top News/Talk Media Stories

ELECTION DAY WRAP UP:  The presidential race was supremely dominant on the top talk media stories list yesterday (11/5) on Election Day.  Conversation focused primarily on polls, predictions, and encouragement for voter turnout.  Other top issues of discussion emanating from that included abortion rights, the economy, media bias, war and rising tensions in the Middle East and Central Europe, and the ever-present migrant/border crisis according to ongoing TALKERS research.

Industry News

Beasley Broadcast Group Reports Third Quarter Revenue of $58.2 Million

Beasley Broadcast Group reported $58.2 million in revenue for the third quarter of 2024, down 3.2% from last year.Beasley This drop is partly due to selling their Wilmington station and closing some digital businesses. Despite this, Beasley saw growth in digital and political advertising. They earned $1.2 million in operating income this quarter, a significant improvement from last year’s $85.5 million loss, which included large non-cash impairment costs. This quarter’s net loss was $3.6 million, much lower than last year’s $67.5 million loss, as Beasley reduced expenses and interest costs. Digital revenue continues to grow, now making up 19.4% of total revenue. Beasley’s CEO, Caroline Beasley, noted that digital transformation and political ads helped offset challenges in traditional radio advertising. She emphasized ongoing efforts to streamline operations, improve finances, and focus on their digital platforms. To see the full report please click here.

Industry News

TALKERS News Notes

HRN Hispanic Radio Network Responds to Advertisers Creates “The Influencer Radio Network.” HRN, the highly Nielsen-Rated Hispanic Radio Network, has created “The Influencer Network” to help advertisers connect with Hispanic communities across the U.S.Hispanic Radio Network The Influencer Network leverages the growing impact of HRN’s syndicated personalities on their radio listeners and social media followers.  “Radio personalities are the original influencers” says Clark Logan, President of HRN. “Fernando Fiore (a.k.a. Mr. Soccer), Ana Maria Canseco, Riva, (Los 40 USA) and DJ Xtreme are great talents. Their audiences on air and online identify with them while listening to their shows and reading the social posts in a lean-forward fashion. Brands can use association with these influencers to increase awareness and favorability of their brands with consumers.” For more information on the HRN Hispanic Radio Network, contact Clark Logan at Clark.Logan@genmediapartners.com for advertising and Jimmy Perez at jimmy.perez@genmediapartners.com for affiliations.

 

Austin’s KUT News and KUTX 98.9 GM Debbie Hiott Elected to the NPR Board of Directors.KUT KUT/KUTX, Austin GM Debbie Hiott has been elected to the NPR Board of Directors by NPR member station peers from across the country. Her term began yesterday (11/4) and runs through 2027. “It felt important to have a seat at the table at a critical time for NPR as it determines how to address challenging audience and underwriting trends, and how it will handle relationships with member stations,” said Hiott. Debbie Hiott ID“NPR’s health is our health, and vice versa. It’s important that the member stations and NPR work together on solutions to our audience and revenue challenges. I’m hoping I can help contribute to those solutions.”

 

Industry News

Yesterday’s (11/4) Top News/Talk Media Stories

POLLS AND PREDICTIONS:  The presidential race was supremely dominant on the top talk media stories list yesterday (11/4) on Election Eve.  Conversation focused primarily on polls and predictions.  Other top issues of discussion emanating from that included abortion rights, the economy, media bias, war and rising tensions in the Middle East and Central Europe, and the ever-present migrant/border crisis according to ongoing TALKERS research.

 

Industry News

NYTimes: “Interview” With a Dead Luminary on Polish Radio Station Ignites Backlash Against A.I.

According to an article published yesterday (11/3) in The New York Times written by reporter Andrew Higgins, when a state-funded Polish radio station canceled a weekly show featuring interviews with theater directors and writers, the host of the program went quietly, resigned to media industry realities of cost-cutting and shifting tastes away from highbrow culture. But his resignation turned to fury in late October after his former employer, Off Radio Krakow, aired what it billed as a “unique interview” with an icon of Polish culture, Wislawa Szymborska, the winner of the 1996 Nobel Prize for Literature. The terminated radio host, Lukasz Zaleski, said he would have invited Szymborska on his morning show himself, but never did for a simple reason: She died in 2012. The station used artificial intelligence to generate the recent interview – a dramatic and, to many, outrageous example of technology replacing humans, even dead ones. Zaleski conceded that the computer-generated version of the poet’s distinctive voice was convincing. “It was very, very good,” he said, but “I went to her funeral, so I know for sure that she is dead. ”The technology-enabled resurrection of the dead poet was part of a novel experiment by Off Radio Krakow, an arm of Poland’s public broadcasting system in the southern city of Krakow. The aim was to test whether A.I. could revive a moribund local station that had “close to zero” listeners, according to the head of public radio in Krakow. The station also planned from-the-grave interviews with other dead people, including Jozef Pilsudski, Poland’s leader when it regained its independence in 1918. Novelty value – and a storm of public outrage – worked to bolster Off Radio Krakow’s audience, which the head of Radio Krakow said grew to 8,000 overnight from just a handful of people after the introduction of three A.I.-generated Generation Z presenters – Emilia, 20, Jakub, 22, and Alex, 23, each of whom had a computer-generated photograph and biography on the station’s website. Less welcome than the audience surge, however, has been a barrage of abuse directed at the public broadcasting system and accusations that it was sacrificing humans on the altar of technology.  To read the entire article published yesterday in The New York Times, please click here.

Industry News

TALKERS News Notes

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

 

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

Industry Views

MONDAY MEMO: Quick Cash for Your House

By Holland Cooke
Consultant

im

Here’s a sales lead, based on an all-out on-air radio war underway in the Providence, RI market I hear when I’m home. These advertisers are doing well enough that they are also now using TV; and I am now hearing this category in other areas. Because two aggressive sponsors here are using these same copy points, verbatim, they must be working, so rip ‘em off:

“There are no fees, no showings, no clean-up or repairs needed. We buy junk houses, abandoned houses, condemned houses, foreclosure houses, and even land. We buy several houses a month, in any condition, and we want to buy more. We buy inherited houses, behind-in-payment houses, divorce houses, we even buy my-tenant-won’t-pay-the-rent houses. Call today for a cash offer on your house!”

im

Industry News

Top News/Talk Media Stories this Past Weekend (11/2-3)

The presidential race dominated the weekend talk media discussions (11/2-3), highlighted by each candidate’s “closing case.” VP Kamala Harris‘s appearance on SNL got a buzz as did NBC’s response to backlash with an offer of equal time to former President Donald Trump. Women’s health issues and abortion rights were dominant topics. This was followed by fear of escalating violence in Central Europe and the Middle East. Other topics in the mix were the economy, the migrant crisis, and talk of Trump’s plan to put Elon Musk and Robert Kennedy Jr. in positions of influence in his administration according to ongoing research from TALKERS.

Industry News

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

Larry and Scot

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

 

Industry News

Swearing In of a True Talk Radio Hero

Jeff Katz

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