Industry News

Heather Roberts Joins FM News 101 KXL

FM NEWS 101 KXL, Portland, OR has announced (11/20) that award-winning journalist Heather Roberts is joining “Portland’s Morning News,” where she will co-anchor from 5:00 to 9:00 each morning.  Heather RobertsRoberts comes to KXL from KBND in Bend, OR, where she was the news director and morning news anchor. She also currently owns and operates the Oregon Radio News Network, where she covers regional issues for radio stations across the state. Roberts also has experience in television, where she’s done everything from being a live truck operator, to anchoring the news, to moderating debates.  “Heather is a consummate professional, who has demonstrated her news chops across Oregon,” said KXL news director Grant McHill, “When we started the process of searching for our next anchor, we made it a priority to find someone who has a relentless sense for finding the stories that matter. So, we’re fired up to welcome Heather to the team.”  Roberts commented, “I’m thrilled to be part of such an amazing news team in my hometown.”  Roberts and her husband have two children. They call North Portland home.

Industry News

Alliance for Women in Media Honors Eight Female Leaders at the Gracies Leadership Awards

GraciesThe Alliance for Women in Media (AWM) celebrated the achievements of eight trailblazing leaders at the Gracies Leadership Awards, yesterday (11/19) at Tribeca 360° in New York City. The event honored these extraordinary women for their significant contributions to the media industry, showcasing their leadership, vision and dedication to excellence across broadcasting, journalism, digital media and beyond.  In addition to the awards, the luncheon featured a special fireside chat with Andrea Mitchell, recipient of the Gracies Icon Award. As NBC News’ chief Washington correspondent, chief foreign affairs correspondent and host of MSNBC’s “Andrea Mitchell Reports,” Mitchell shared her incredible journey in journalism, offering powerful insights into her decades-long career. Her conversation with Libby Leist, executive vice president of “TODAY” and “Lifestyle” highlighted the importance of elevating women’s voices in the media, mentorship and the lasting impact of bold, investigative storytelling made possible by diligent homework, checking your facts and doing research.  Honorees pictured above at the event (l-r):  Sylvia Strobel, AWM Legacy Leadership Award recipient and president/CEO, Twin Cities PBS; Holly Tang, CFO, NBC Universal Entertainment; Jennifer Leimgruber, EVP entertainment programming, Premiere/iHeartMedia; Andrea Mitchell, recipient of the Gracies Icon Award – NBC News’ chief Washington correspondent/ chief foreign affairs correspondent and host of MSNBC’s “Andrea Mitchell Reports“; Deborah Parenti, president/publisher, Streamline Media (Radio Ink, RBR + TVBR); Jen Sargent, CEO, Wondery; and Sylvia Bugg, chief programming executive/GM, PBS. Not pictured, Sonia Coleman, ESVP/ chief human resources officer, The Walt Disney Company.

 

Industry News

New Cumulus Media / Westwood One AudioActive Blog Post: Edison Research’s Q3 2024 “Share of Ear” Reveals AM/FM Radio is the Dominant Ad-Supported Audio Platform Across All Demos

imFor the last 10 years, Edison Research’s quarterly “Share of Ear” study has been a highly respected examination of time spent with audio in America. Edison surveys 4,000 Americans annually to measure daily reach and time spent with all forms of audio. Each report is based on a four-quarter rolling average. The most recent Q3 2024 survey is comprised of Q4 2023, Q1 2024, Q2 2024, and Q3 2024. This week’s Cumulus Media | Westwood One Audio Active Group® blog is an analysis of the just released Q3 2024 data and focuses on what advertisers care most about – ad-supported audio.

Among major demographics, AM/FM radio is the dominant ad-supported audio platform. Podcasts have significant shares among younger age groups.

Among African Americans, AM/FM radio is particularly strong. Podcast shares are not as strong as the general market.

Among Hispanics, podcast shares are stunningly strong. Among 18-34 Hispanics, podcasts are now the number one ad-supported audio platform.

In the car, AM/FM is the “queen of the road” with an 86% share. Even among 18-34s, AM/FM radio has an 82% share of ad-supported audio.

13% of all AM/FM radio listening occurs via streaming, steady over the last three years. On the smart speaker, AM/FM radio dominates with a 50% share of ad-supported listening.

Sadly for advertisers, most of Spotify’s audience is unavailable to place advertising. While Spotify’s ad-free subscription audience soars, its ad-supported shares stagnate at a two share.

Streaming music audience growth comes at the expense of owned music rather than AM/FM radio.

Check out today’s blog post here.

To download the Cumulus Media | Westwood One Audio Active Group analysis report of Edison Research’s “Share of Ear,” click here.

Industry News

Audacy Names Dave Sims New PBP Voice of the New York Yankees on WFAN

Dave Sims IDAudacy’s WFAN 101.9 FM / 660 AM announces Emmy Award-winning broadcaster Dave Sims as the new lead play-by-play announcer of its flagship broadcasts of the New York Yankees. Sims replaces recently retired broadcasting legend John Sterling, who held the position from 1989 until his retirement this past season. Dave Sims will join Suzyn Waldman to form the franchise’s new radio broadcast team.  “The radio voice of the Yankees is a storied position in the history of baseball,” said Chris Oliviero, Audacy New York Market president. “From [Mel] Allen and [Red] Barber to [Phil] Rizzuto to Sterling, the names are synonymous with the pinstripes. Dave Sims is a worthy successor to that lineage. We are honored to have Dave join the incomparable Suzyn Waldman in the booth in the Bronx.”   “It’s great to be home,” said Sims. “What an honor to be part of the iconic Yankees franchise. New York is where it all started for me, and I can’t wait for Opening Day and to work with my good friend Suzyn!”  Sims is a Ford Frick Award Baseball Hall of Fame nominee and Emmy Award-winning broadcaster and has spent the last 18 seasons as the lead TV play-by-play voice of MLB’s Seattle Mariners. Sims previously hosted talk shows at WNBC-AM, WFAN-AM and the Madison Square Garden Television Network in New York and also spent time at WCBS-TV and the New York Daily News. Beyond baseball, Sims has covered the NFL for Westwood One and college basketball for ESPN. He also launched the “Hey Now! Podcast” with his two sons in July 2024.  WFAN has served as the flagship station of the Yankees since 2014. From 2002 to 2014, games were heard on Audacy’s WCBS 880 (WCBS-AM). Games can be heard on WFAN and streamed via the free Audacy app and website within the team’s geographic region.

Industry News

Sammon Named SVP for Editorial at The Hill and NewsNation

Nexstar Media Group appoints Bill Sammon SVP of Washington, D.C., editorial content for The Hill and NewsNation. In this newly created position, Washington-based Sammon will be responsible for directingim Nexstar’s national news content. He says, “I’m grateful for the chance to work with Nexstar’s incredible team of outstanding journalists. Last week they accurately informed the world who would win the presidency, and this week did the same with the House of Representatives – before any other news outlet – demonstrating yet again, Nexstar’s unwavering commitment to accurate, quality journalism.”

Industry News

The Library of American Broadcasting Foundation Presents the 2024 Giants of Broadcasting & Electronic Arts Awards

LABF
The Library of American Broadcasting Foundation (LABF) paid tribute to distinguished industry leaders for lifetime achievements during the 2024 Giants of Broadcasting & Electronic Arts luncheon and awards ceremony yesterday afternoon (11/12) at Gotham Hall in New York City.  The event was emceed by CBS News 60 Minutes’ correspondent and 2018 Giant Bill Whitaker.  The 2024 honorees include:  Al Roker, weather and feature anchor, TODAY and co-host, “3rd Hour” of TODAY; Christine Baranski, two-time Tony and Emmy Award winning actress; Mike McVay, president, McVay Media Consulting; Patricia C. Smullin, president and owner, California Oregon Broadcasting, Inc.; Stephen A. Smith, commentator, ESPN; Steve Jones, president and CEO, Skyview Networks; and Wendy McMahon, president and CEO, CBS News and stations & CBS media ventures (CMV). The Library of American Broadcasting Foundation is a non-profit organization dedicated to preserving the past, reflecting the present, and informing the future. The awards presentation celebrates the remarkable creators, innovators, leaders, performers, and journalists who have blazed trails in the radio and television broadcasting industry.  Pictured above l-r: LABF co-chair Heidi Raphael, Christine Baranski, Mike McVay, Patricia Smullin, Al Roker, Wendy McMahon, Stephen A. Smith, Steve Jones, LABF co-chair Jack Goodman and 2018 Giant and event emcee Bill Whitaker.  (Photo by Wendy Moger-Bross.)

Industry News

WABC Salutes Veterans with Live Broadcast from the Veterans Day Parade in New York

WABC Parade
Continuing with its policy to be as involved and visible as possible in the community, WABC, New York presented a live broadcast from Monday’s (11/11) Veteran’s Day Parade in the Big Apple. The live broadcast featured WABC air personalities Curtis Sliwa from 12:00 noon to 1:00 pm and Greg Kelly from 1:00 pm to 3:00 pm.  In addition, WABC morning host, Sid Rosenberg, stopped by the live broadcast to say hello to fans at the parade, as well as those listening to the station.  Pictured above at the WABC broadcast booth(l-r): Vito Fossella, Staten Island Borough President; John Catsimatidis, owner of Red Apple Media and WABC; and Greg Kelly, WABC midday air personality.

Industry News

Beasley Media Group Celebrates Veterans Throughout the Month of November

Today is Veterans Day 2024 (11/11) – an extremely important date on the news/talk media calendar.

Saluting Vets

In honor of Veterans Day and to support the veteran community, Beasley Media Group is dedicating the entire month of November to shining a spotlight on the important services available for veterans and their families. Through its Beasley Best Community of Caring initiative, the company will air public service announcements, conduct interviews with veteran organizations, and share stories across its 57 radio stations to raise awareness about resources and services for those who have served.

Beasley Media Group has partnered with organizations such as the Cohen Veterans Network and Home Base Veteran and Family Care to help provide critical information and support. These organizations provide a variety of services ranging from mental health support and family care to employment resources for veterans and their families.

In the Fort Myers market, special public service announcements will air across all five Beasley radio properties throughout Veterans Day, highlighting the valuable programs and services offered by Home Base Florida.

“We would like to thank our valued veterans for their outstanding service and show support to them and their families,” said Beasley Media Group chief communications officer, Heidi Raphael.

Throughout the initiative, Beasley Media Group will encourage listeners to learn more about the services offered by these organizations and to support veterans not just during the month of November, but year-round.

Industry News

Major iHeartMedia Talk Radio Cost Cutting Personnel Changes Across the Nation

The West Coast’s highly popular talk radio “power couple,” Robin Bertolucci and her husband Don Martin have stepped away from their longtime positions with iHeartMedia Robin(11/8) – Bertolucci as program director of heritage giant KFI AM 640, Los Angeles and Martin as EVP of programming, iHeartMedia Sports (which includes FOX Sports Radio) and PD of sports talk AM 570 KLAC, Los Angeles.After nearly a quarter century of exemplary service in these positions,Don Martin the ambiguous terms cited for the couple’s simultaneous departure do not mask the general industry observation that they were direct victims of the national radio cutbacks being affected by iHeartMedia as severe cost-cutting measures.  Chris Berry, iHeartMedia EVP of news, will assume the role as interim program director of both KFI and KLAC.

 

In the New York City market, the morning team of generalist Michael Riedel and sports talker Len Berman has met a similar fate at the legendary AM 710 WOR.Len Berman Michael Riedel Included in the cut – their show’s producer Terry Trahim, after more than 20 years of service to the station.

 

Multi-talented Scott Sands, Scott SandsiHM SVP of programming for the Ohio-West Virginia area and PD /afternoon host of WSPD, Toledo has also been let go.

 

 

Joe Pags impacted. Joe Pags In San Antonio, although he remains one of the most successful syndicated hosts in American talk radio with a rapidly growing roster of more than 170 stations coast to coast, Compass Media Networks star Joe “Pags” Pagliarulo‘s local highly-rated afternoon show of 19 years at his flagship WOAI (where he is a market legend) has been dropped from the lineup as a cost-cutting measure. Pags is one of talk radio’s most notable rising stars and will undoubtedly be okay – but his departure from WOAI is indicative of the wrecking ball nature of these types of budget-cutting measures.

 

There are more cutbacks being reported at iHM stations throughout the industry.

TALKERS publisher Michael Harrison states, “It is a dark moment in talk radio when the cutback ax falls on such good people who have devoted so much precious time, talent, and loyalty to their company, this industry and our professional community.  I’m in no position to tell companies how to run their businesses and protect their embattled assets in times of financial distress… but on a human level – not to mention in recognition of the fragility of this historic cultural scene to which we all contribute and hold an emotional stake – it’s downright heartbreaking.”

To see a recent interview with Joe Pags conducted by Michael Harrison on the video podcast “Up Close Far Out,” please click here.

Industry News

“Chachi Loves Everybody” Podcast Releases Two New Episodes Featuring 2024 Giants of Broadcasting Honorees, Al Roker of NBC’s “The Today Show” and Patsy Smullin, Owner and President of California Oregon Broadcasting

Benztown, a global leader specializing in radio imaging, voiceover, programming, podcasting and jingles, announces the release today (11/7) of two new episodes of its series “Chachi Loves Everybody,” an original podcast hosted by its president Dave “Chachi” Denes. imThese episodes feature Chachi’s special guests Al Roker, longtime weatherman on NBC’s The Today Show and co-anchor of the iconic morning show’s third hour, and Patsy Smullin, owner/president of California Oregon Broadcasting, and host of the successful television interview series, Up Close and Personal.  Roker and Smullin will be among those honored next week as Giants of Broadcasting by the Library of American Broadcasting Foundation at the 2024 Giants of Broadcasting & Electronic Arts luncheon and awards ceremony. The event will be held on Tuesday, November 12th at Gotham Hall in New York City.  To listen to these new “Chachi Loves Everybody” podcast episodes, please click here. For more information about the 2024 Giants of Broadcasting & Electronic Arts luncheon and awards ceremony, and for a full list of honorees, please click here.

Industry News

Motor Racing Anchor Jeff Striegle to Take the Checkered Flag on His NASCAR Career

As NASCAR crowns a Premier Series Champion this Sunday, November 10th at Phoenix Raceway, Jeff Striegle, Motor Racing Network lead anchor, will sign off for the last time capping a 27-year career with the network. Striegle has witnessed some incredible moments with MRN including in recent years the introduction of the Busch Clash at the L.A. Coliseum and Chicago Street Course, the closest finish in the history of the sport just this spring at Kansas Speedway, but for him “It’s hard to pick out just one racingim moment.” Striegle tells TALKERS, “There are so many amazing memories. For me, what I will miss most are the people. Everywhere we go, we meet wonderful people, great race fans that tell us, ‘We have been listening to MRN for years…’ they always want to thank us for what we do. Without the fans, there would be no need for the Motor Racing Network.”  “Throughout his time with the network Jeff has lent his talents to a number of positions around the racetrack before finding his way to the broadcast booth in 2013,” said MRN president Chris Schwartz. “His broadcast career began like so many others by working the public address booth providing the soundtrack for thousands of fans at his local racetrack, in Jeff’s case Berlin Raceway in Marne, Michigan. He has been involved with calling some of the sport’s most iconic moments, and it is fitting that the checkered flag will fall on his broadcast career by calling the final laps of another NASCAR Cup Series Championship.”  Motor Racing Network will have flag to flag coverage of the NASCAR Cup Series Championship Race Sunday, November 10th beginning at 2pm ET. The NASCAR Cup Series Championship Race will be carried LIVE on approximately 300 radio station partners across the United States, the NASCAR mobile app, and at MRN.com.  For affiliation in your area, contact Bob Quick, director, radio partnerships & traffic at Motor Racing Network by email at bquick@mrn.com or by calling 704-262-6713.

Industry Views

MH: Election Will Impact Positioning and Strategy for News/Talk Media’s Next Chapter in the Game of “Follow the Audience”

MH UCFO studioToday is Election Day in America. Finally! Now the talk media industry is about to learn what’s next?  No matter which way the presidential race goes, the results will have a measurable impact on news/talk media’s positioning and strategy going forward for years to come. According to TALKERS publisher Michael Harrison, “That’s what happens when the news media operates within the paradigm of primarily ‘targeting’ audiences based on their pre-existing biases, opinions, and passions.  The only objective seeking of truth that takes place within the formulation of media strategy, in this transactional environment, focuses on one basic concern – where does the audience, that we so zealously covet, stand on this?”  During an editorial conference this morning, Harrison stated, “The two major media-base ‘camps’ that have emerged in the past decade on talk radio, news/talk TV, YouTube and podcasting, fall under the basic headings of the pro-Trump media industry and the anti-Trump media industry.  Yes, both have grown into full-fledged industries – and their interests are deeply entangled. As cynical as this might sound, the deck is about to be reshuffled to one degree or another and talk media industry practitioners are going to have to pull off some fancy steps to avoid sinking into the quicksand of inevitable changes in public opinion – regardless of what shape these movements take.” Harrison adds, “If you’ll pardon the ancient reference, no one wants to be left playing Frankie Avalon and Bobby Rydell records the day after the Beatles’ and their British buddies invaded our pop culture.”

Industry News

Boston Sports Talk Legend Fred Toucher on the Demise of His Old Partner’s New Show: “I Hate Him”

In an example of just how contentious sports talk radio can be, long-time Boston sports talk radio host Fred Toucher did not hold back in slamming his old partner, Rich Shertenlieb, whose new show was cancelled this week. Fred Toucher ID (From Seminar 2024)Toucher, who now co-hosts “Toucher & Hardy“ on 98.5 The Sports Hub, WBZ-FM, Boston took some time on this morning’s show (11/5) to address ”the elephant in the room.” Shertenlieb‘s new show on local classic rock outlet WZLX had been canceled after five months, and Toucher didn’t seem to have any sympathy for his former partner.  In a story by reporter Nick O’ Malley posted on the news site MassLive.com, “I hate him,” Toucher said. “So, I was happy yesterday when I heard about this. But I was a little disheartened that he still carries none of the responsibility and takes none of the blame and still just can’t be honest.”   Toucher and Shertenlieb co-hosted the “Toucher & Rich” show from 2009-2023, working together to produce one of Boston’s most popular morning shows. However, the show ran into issues in 2023. Toucher missed time due to personal and physical issues, including a stretch of time at an alcohol detox facility. In November, parent company Beasley Media said in a statement that Shertenlieb declined to accept a new contract.  On Monday, Shertenlieb announced that he was “disappointed” that his show was being canceled after just five months. The radio host complained that management forced him to “alter the format” of the show by adding music.  However, Toucher noted Tuesday that Shertenlieb’s show was a “ratings disaster.”  “He not only did not bring in a new audience to that show, he alienated – based on ratings – their entire existing audience,” Toucher said. “He had like a third of the ratings that they got jockless in the morning … Yeah, management might have been a little concerned.”  Toucher said that critics can paint the picture of his reaction however they like. But he did note that he and co-host Jon Wallach say they weren’t alone in celebrating the demise of Shertenlieb’s show.  To see the complete article in MassLive.com, please click here.

Industry News

Jonathan Peterlin Named as Afternoon Show Co-host on 92.3 The Fan (WKRK-FM), Cleveland

The Fan GraphicAudacy names Jonathan Peterlin (pictured above right) as afternoon show co-host on 92.3 The Fan (WKRK-FM) in Cleveland. Peterlin will join co-host Nick Wilson (above left) and be heard weekdays from 2:00 to 7:00 pm ET. Peterlin had previously served as the station’s evening host since 2022.  “We believe Jonathan’s addition and presence on the show will bring a unique passion and energy to afternoon drive,” said Keith Britton, the station’s brand manager. “He has shown both the ability and readiness for this move and we are full speed ahead in our commitment to providing our listeners with the most engaging sports talk and entertainment on a daily basis.”  “92.3 The Fan and its listeners have been with me through every major chapter of my life, and this station has been a constant presence in my world,” said Peterlin. “Afternoon drive in Cleveland is the pinnacle of what I’ve always aspired to, and I truly couldn’t imagine a better person to share this journey with than my good friend, Nick Wilson. I’m extremely thankful for the chance to continue this journey with the listeners and the team at 92.3 The Fan.”

Industry Views

MORE ON FAIR USE: Using the Audio/Video Content of Others Can Transform a Work into a Sum Greater Than Its Parts – Or Be a Legal Headache

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

Matthew B. Harrison, Esq.As media creators in radio and podcasting explore ways to legally incorporate external audio, the fair use factor of “purpose and character” is crucial. This factor assesses whether the use is “transformative”—adding new expression or meaning—or merely reproduces the original’s essence, potentially infringing on copyright.

Examples from popular platforms provide guidance. Podcaster Joe Rogan, for instance, often uses clips to build commentary and analysis, which could support a fair use defense due to its transformative nature (though others may argue the additions don’t significantly alter the original). Defining “transformative” is challenging, especially when the original creator disagrees on whether substantial new meaning has been added.

Transformative use in podcasts.  In podcasting, many creators use news clips or sound bites to provide commentary or critique, adding analysis or humor that can help support a fair use claim. For example, “The Joe Rogan Experience has used various clips and video snippets with added commentary. While Rogan’s show hasn’t faced significant legal challenges for these uses, adding commentary could bolster a fair use defense.

Hypothetical: satire on a radio show. Consider a radio show that incorporates political speech snippets for satire. If the use is genuinely transformative, adding new expression or meaning, it may meet fair use standards. However, the line is thin, especially if the clip isn’t significantly altered. Precedents like Campbell v. Acuff-Rose Music, Inc. inform how courts may handle parody and transformation in fair use.

Example: news clip commentary in political podcasts.  Political podcasts like “The Daily” from The New York Times often use brief clips to provide in-depth commentary on current events. For instance, they might use a clip from a politician’s speech to add a critical or alternative perspective. In such contexts, courts are more likely to view the use as transformative, particularly if it builds on or challenges the original content. These scenarios illustrate the balance media creators must strike in using third-party audio. Whether adding commentary, satire, or criticism, the goal is to transform the original content meaningfully, beyond simple replication. Understanding fair use’s “purpose and character” factor helps media creators leverage third-party content responsibly, aligning with legal standards.

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

Cumulus Media Reports Operating Results for the Third Quarter 2024

Cumulus Media LogoCumulus Media Inc. today (11/4) announced operating results for the three and nine months ended September 30, 2024. Mary G. Berner, president and CEO of Cumulus Media, said, “During the third quarter, we delivered revenue and EBITDA in-line with pacing commentary and analyst estimates. Given the market challenges, we maintained our focus on what we can control. Specifically, we continued investing to drive growth in our digital businesses, including in digital marketing services which increased revenue nearly 40% in the quarter; capitalizing on areas of improvement in national and political ad spending; maximizing operating cash flow; and improving operating leverage through ongoing expense reductions.” Berner continued, “Looking forward, the advertising environment remains uncertain. Nonetheless, Cumulus has a valuable set of assets with which to navigate that uncertainty including: profitable and fast-growing digital businesses; a vast national platform that can reach audiences whenever and wherever they choose to listen; extensive feet-on-the-street local sales capabilities which allow us to walk product through the door; premium programming with particular strength in sports and news/talk; an extensive untapped audio library; and a leadership team with a strong track record of expense management and disciplined stewardship of capital. As we continue to execute against our priorities, we see many paths for leveraging these assets to maximize the value they produce for our shareholders.”

Q3 Key Highlights:

Posted total net revenue of $203.6 million, a decline of 1.8% year-over-year

Generated digital revenue of $40.0 million, up 7.5% year-over-year

     • Grew digital marketing services by 38% driven by an increase in new customers, improved customer retention and higher average order size

     •  Increased number of radio-only customers who also bought digital marketing services by 32% year-over-year

     •  Increased digital revenue to 20% of total company revenue

  Recorded net loss of $10.3 million compared to net income of $2.7 million in Q3 2023 and Adjusted EBITDA(1) of $24.1 million compared to $26.9 million in Q3 2023

  Generated $3.9 million of cash from operations 1

  Reported total debt of $673.0 million, total debt at maturity of $642.1 million, and net debt less total unamortized discount of $590.0 million at September 30, 2024, including total debt due in 2026 of $23.9 million.

For further information and the full report, please contact: Cumulus Media Inc. Investor Relations Department IR@cumulus.com 404-260-6600.

 

Industry News

Thanks for the Ride!

Gallagher

Combining the fact that the presidential election is just five days away with today (10/31) being Halloween and “garbage” having become a talking point for both sides  … ever the showman, Salem Radio Network talk host Mike Gallagher displays the Halloween costume he donned for today’s national broadcast – keying off former President Donald Trump’s appearance last night in Wisconsin in a garbage truck.  Of Trump, Gallagher declares:  “There’s never been a more compelling political figure in the history of our country. Every American – and certainly talk show host – owes Donald Trump a debt of gratitude for the ride we’re on.”

Industry News

Nielsen Publishes “The Record” – Q3 U.S. Audio Listening Trends

Nielsen Graphic
Click to see a larger version of this chart.

Yesterday (10/30) Nielsen published The Record: Q3 U.S. Audio Listening Trends. The Record is a quarterly report card on how U.S. consumers spend their audio listening time, fueled by data from Nielsen and Edison Research.

Here are some highlights from the Q3 report:

Audio accounts for nearly 20% of daily time; in Q3 2024 that translated to 3 hours and 57 minutes of daily listening across both ad-supported and ad-free platforms like radio, podcasts, streaming music services and satellite radio.

From July to September 2024, listeners spent 67% of their daily time with ad-supported audio with radio, 18% with podcasts, 11% with streaming audio services and 3% with satellite radio.

Among 18-34 year-olds, radio now accounts for the majority of daily time spent with ad-supported audio, growing to 51% in Q3 vs. 48% in Q2.

Listening share for podcasts among 18-34 audiences decreased for the second consecutive quarter to 31%, down from 35% in Q2 and 37% in Q1.

To see the full report, please click here.  The Record: Q3 U.S. Audio Listening Trends

 

Industry Views

TALKERS Legal Series on Fair Use (Part 6): The Law in Modern and Complex Situations

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

Matthew B. Harrison, Esq.This sixth installment in our ongoing series on fair use focuses on the application of the law in modern and complex scenarios.

Using audio or video clips created by others often involves complex copyright considerations, especially as fair use law doesn’t automatically protect unauthorized use of media content. Cases of podcasting and talk show infringement have shown that even short clips can trigger copyright issues if they’re used in a way that substitutes the original work or diminishes its market value. It certainly can trigger flags when scanned by an algorithm.

Creators often and mistakenly believe they can legally use short clips if they’re under a specific length (often thought to be 30 seconds), but in reality, no such rule exists. Even brief clips can infringe if they are used without transforming the content or if they impact the original work’s market potential. In this vein, legal experts recommend that podcasters and media creators obtain clear permissions or licenses when using audio clips from other shows or content sources. This is especially pertinent in podcasting, where fair use is limited and can quickly lead to legal complications without the proper usage guidelines or transformative context, such as commentary or criticism.

For example, in Napster-related cases, where the focus was initially on music, courts have generally ruled against using protected content, focusing on whether the use directly impacts the market or presents a substitute for the original work. Similarly, podcasters have faced claims when broadcasting segments of popular music or clips without the required permissions, even when they used only a few seconds. To mitigate risks, media creators should consider alternatives like royalty-free audio sources or secure direct permission from copyright owners, particularly when using media that does not contribute new, critical commentary to avoid copyright liability.

Several recent copyright infringement cases have involved YouTubers and podcasters. Some cases focus on using music without obtaining necessary licenses. For example, podcasters must often secure more than just a basic ASCAP or BMI license to use music tracks, as these don’t cover all usage rights. Failing to do so has led to infringement claims against podcasters who assume that crediting a musician or using only a few seconds of a track falls under fair use, which is not always the case. Many amateur podcasters and content creators mistakenly think brief use is permissible, overlooking the need for comprehensive music licensing to avoid legal issues.

Another example is the widely reported allegations of copyright infringement in the true crime podcast sphere. Shows like “Crime Junkie” faced accusations of copying research verbatim from other sources without proper credit, highlighting the broader issue of plagiarism and copyright misuse in podcasting. Many true crime podcasts rely heavily on sources without clear attribution, leading to disputes and potential litigation due to copyright and ethical concerns. The decentralized nature of podcasting platforms makes enforcement challenging, though the legal stakes continue to rise with the medium’s growth.

These cases underscore the importance of understanding and securing permissions in podcasting and online media, especially as the medium becomes more professionalized and competitive.

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 Views

TALKERS Legal Series on Fair Use (Part 5): The Balance Between “Exposure” and “Value” in Copyright Law

Industry Views

TALKERS Legal Series on Fair Use (Part 4): The Amount and Substantiality Factor

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

Matthew B. Harrison, Esq.The “Amount and Substantiality” factor in fair use assesses both the quantity and quality of copyrighted material used – how much is included and whether it contains the most significant, or “heart,” of the original work. Courts often find smaller, less central portions more defensible under fair use, but this varies by context. Using a memorable chorus or key line can weigh against fair use, even if only a small amount is used. For media creators, especially in radio and related forms of broadcasting, fair use is more likely to apply when portions are brief, non-central, and contribute transformative commentary or critique. This is the fourth installment of a multi-part TALKERS Legal Series on Fair Use for the Media Creator. The first installment is here. The second installment is here. The third installment is here.  To read this fourth installment, please click here.

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 Views

TALKERS Legal Series on Fair Use (Part 4): The Amount and Substantiality Factor

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

Matthew B. Harrison, Esq.With the growing popularity of talk media programs utilizing segments of other shows as key elements of scrutiny and commentary in their programming (“Clip Jockey Format” as coined by Michael Harrison), it is important that media content creators be aware of the subtle and often ambiguous rules applying to the legal aspects of this practice under the heading of fair use.

This is the fourth installment of a multi-part TALKERS Legal Series on Fair Use for the Media Creator. The first installment is here. The second installment is here. The third installment is here.

The “amount and substantiality” factor in fair use focuses on how much of the copyrighted material is used and whether that portion is essential to the original work. Despite seeming obvious, this factor can be nuanced, and determining how much use is fair can be challenging because it’s not just about the quantity but also about the significance of the portion used.


Is It Difficult to Distinguish?

In many cases, it’s not always obvious what qualifies as a “small” or “insignificant” portion. Courts often consider both the quantity, and the quality of the material used:

• Quantity: This factor asks if only a small part of the work has been used. Using a shorter clip from a video or a few sentences from a book could be more justifiable as fair use. But what qualifies as “small” can vary depending on the work—10 seconds from a short film may be seen differently from 10 seconds in a longer documentary.

• Quality: Even if a creator only uses a small part of the original work, using its “heart” or most memorable part might still count as substantial. For example, a few lines from a song’s chorus, though short, could be considered significant enough to impact fair use status.

Example Cases Highlighting Amount and Substantiality

To better understand this, it’s useful to look at cases that illustrate when the amount used was deemed fair or not:

• Harper & Row v. Nation Enterprises (1985): This case involved a magazine that used a few hundred words from an unpublished memoir by President Gerald Ford. Although this was a small percentage of the memoir, the excerpt contained key insights into Ford’s decision to pardon Nixon. The court held that this use was not fair because it included the most “substantial” and critical part of the memoir, even though the total percentage of text used was minimal.

• Campbell v. Acuff-Rose Music, Inc. (1994): Here, the hip-hop group 2 Live Crew used portions of Roy Orbison’s song “Oh, Pretty Woman” to create a parody. Even though the song’s recognizable parts were used, the new work was transformative in its purpose (a parody rather than a love song). Because the group’s use was a small part relative to the song’s total content and had a new purpose, the court found it was fair use.

Many books and law school classes have been devoted to this question – so let’s focus on Application in Media and Broadcasting

In radio and broadcasting, this factor is often relevant when using clips, songs, or interview segments from other sources. Using a small clip to support commentary or criticism is more likely to be considered fair use, especially if it does not contain the “heart” of the original work:

• Commentary on a Speech: If a talk show uses a brief part of a public figure’s speech to critique it, the fair use factor may weigh in favor of the radio station if it doesn’t take the most memorable segment.

• Use of Music in Shows: Music clips used for thematic transitions or commentary must be kept brief, as lengthy or highly recognizable parts can affect fair use status. Playing just a few bars might qualify, but a chorus or instrumental hook would likely cross the line. This is less of a mine field in traditional broadcast radio as existing license agreements, such as with ASCAP or BMI, may allow for such uses anyway. However, when focusing on the internet – it’s a completely different matter as no licenses have been formally given, yet there is an incentive for the copyright holder to have their work shared. It’s not cut and dry – which is why the following takeaways should be helpful when navigating forward.

Key Takeaways for Media Creators

• Use Minimal Amounts: The less you use, the more defensible your case for fair use, especially if you avoid the most recognizable parts.

• Avoid the “Heart” of the Work: Select portions that serve your purpose without including critical or memorable parts of the original material.

• Transformative Purpose Matters: If the use adds new meaning or serves a different function (e.g., satire, critique), it’s more likely to be deemed fair, even if it includes some key elements.

Summary

Understanding how much of the work a media creator can use while staying within fair use guidelines can be tricky, as this factor requires balancing quantity and significance. Media creators should focus on minimal use that contributes meaningfully to commentary, criticism, or other transformative purposes.

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 Views

TALKERS Legal Series on Fair Use (Part 3): The Nature of the Copyrighted Work

Industry Views

TALKERS Legal Series on Fair Use (Part 3): The Nature of the Copyrighted Work

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

This is the third installment of a multi-part TALKERS Legal Series on Fair Use for the Media Creator. The first installment is here. The second installment is here.

The “Nature of the Copyrighted Work” is a key factor in fair use analysis, with courts more likely to allow the use of factual works, such as news reports, than highly creative works like music or films. The landmark case Feist Publications, Inc. v. Rural Telephone Service Co. established that mere facts, like telephone numbers, cannot be copyrighted unless presented with originality. In media, factual content like news clips may support a fair use defense, while creative works like syndicated talk shows are more protected. Broadcasters should add commentary or criticism when using factual material and be cautious when reusing creative content. Understanding this factual-creative spectrum is critical for media creators navigating copyright law.

In the context of fair use, courts are more likely to allow the use of factual works, such as news reports, historical accounts, or other informational content, than highly creative works like songs, movies, or artwork. The theory behind this is that factual works generally serve a public interest – society benefits from the free exchange of information and ideas, and we want “the system” to encourage this. On the other hand, creative works involve more personal expression, and copyright law is designed to protect that artistic effort (and allow for monetization thereof.)  This distinction plays a crucial role in determining fair use, as courts are more protective of creative works because they represent a higher degree of originality and personal investment.

Classic Case: Feist Publications, Inc. v. Rural Telephone Service Co. (1991)

A landmark case that helps illustrate this factor is Feist Publications, Inc. v. Rural Telephone Service Co., which asked whether copyright protection could be applied to a seemingly factual work: a telephone directory. In this case, Rural Telephone Service Co., a public utility, created a telephone directory of its customers’ names, addresses, and phone numbers. Feist Publications, a company that produced a larger, regional telephone directory, copied some of these listings and was sued by Rural for copyright infringement.

Rural argued that its directory was protected by copyright, but Feist countered that the information in the directory (names, addresses, and phone numbers) was purely factual and, therefore, not eligible for copyright protection.

The Supreme Court ruled in favor of Feist, stating that facts are not protected by copyright because they are not original to the author. The Court held that Rural’s directory did not qualify for copyright protection because it lacked creativity and originality – it was simply a compilation of facts (names and numbers). The case established the principle that mere facts are ineligible for copyright protection, even if they are compiled in an organized way.

This case is significant because it underscores that factual information, like a telephone directory, cannot be copyrighted unless there is a creative element involved in its presentation, such as an original selection or arrangement of the facts.

Application to Radio and Media:

When it comes to radio, news, or media content, the nature of the copyrighted work often comes into play, especially in cases where factual content (such as news clips or interviews) is being reused. Courts may treat factual works more leniently in fair use cases, allowing them to be repurposed for commentary, criticism, or reporting, as they serve a public interest. However, creative works, like talk shows, are given more protection because they represent original artistic expression. The more creative the work, the less likely its unauthorized use will be considered fair use.

An Example – Associated Press v. Meltwater U.S. Holdings (2013)

While not specific to radio, this case highlights the issue of using factual content in media. Associated Press (AP) sued Meltwater, a news aggregation service, for copying parts of AP’s news articles and distributing them without permission.

The court found in favor of the Associated Press, stating that even though AP’s articles contained factual information, they were written with creativity and journalistic skillthus, they were still copyrightable. The nature of the work was not purely factual, as it involved a degree of originality in the writing and presentation.  This case illustrates that while factual works may be more likely to fall under fair use, their specific presentation or creative treatment can still be protected.

Radio Case Example: Syndicated Content and Commentary

A case that touches on the nature of copyrighted works in radio can be seen in disputes over syndicated talk shows or political commentary. Stations that rebroadcast these shows without proper licensing agreements may argue fair use, but their success often depends on whether the work being used is factual or creative. For example, if a station replays a news clip or political speech, the fact that the content is factual might support a fair use defense. However, if they replay a syndicated talk show where a host offers personal opinions or creative commentary, it would be considered a more creative work, requiring higher protection. In some cases, radio stations have argued that the rebroadcasting of certain content (like portions of interviews or speeches) qualifies as fair use because it’s factual and in the public interest. Still, if the content also involves a unique editorial style or commentary, the courts may treat it as more creative and therefore not subject to fair use.

Practical takeaways for media creators:

• Factual vs. creative: When considering whether fair use applies, broadcasters should analyze whether the content they’re using is more factual or creative. Factual works (such as news reports) are more likely to be protected by fair use, while creative works (like music or dramas) are less likely.

• Add commentary or criticism: Even when using factual content, it’s crucial to add commentary, analysis, or criticism to support a fair use defense. Simply republishing factual material without transformation can still lead to copyright infringement.

• Be mindful of syndicated content: Syndicated content, such as talk shows, often involves a mix of factual information and creative opinion. Replaying such content without proper licensing can lead to legal challenges, as courts may view this as a use of creative work.

The nature of the copyrighted work plays a crucial role in fair use analysis. While factual works are more likely to be used under fair use, creative works enjoy stronger protection. Media creators, including broadcasters and radio stations, need to be aware of this distinction and ensure that their use of copyrighted material is both transformative and legally defensible. By understanding the factual-creative spectrum, media creators can better navigate the complexities of copyright law.

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

Audacy’s Suchman: What’s Making Audio the Most Effective Ad Medium

In a piece in AdAge, Audacy chief marketing officer Paul Suchman spells out how AI and influencer marketing are transforming audio into the most effective ad medium. Suchman writes, “Audio deserves muchim more recognition as a (legacy) medium that’s constantly innovating and evolving to enhance the consumer experience and the advertiser opportunity. At the heart of Audio lives great storytelling. From the beginning of humankind to today’s best advertising, storytelling is the single most effective tool for sharing information and knowledge – all while entertaining, educating and yes, selling. Storytelling is a constant, but the way stories are told is shifting, driven by new technologies and approaches that allow brands to create more emotional connection, deliver more personalized experiences and scale their campaigns for maximum impact. And no medium is better equipped to do this than audio.” Read the full article here.

Industry Views

What is the Meaning of Freedom of Speech?

Industry News

TRAVELIN’ MAN: Salem Radio Network’s Greg Clugston to Channel Charles Kuralt “On The Road”

Industry News

New Ramsey Solutions Research Shows Nearly 80% of U.S. Adults Say They’re Worried About The Economy

Two weeks before Americans head to the polls to elect a new president, 78% of adults say they’re worried about the economy according to Ramsey Solutions’ new State of Personal Finance report for the third quarter of 2024. Ramsey SolutionsThe research notes millennials (ages 27-42) are the most concerned at 83%.  The survey finds people are feeling the effects of the higher costs of goods and services, and they remain concerned about inflation. In addition, 37% said their finances are in worse shape than four years ago. Thirty-four percent said their finances are about the same, while only 29% said they’re better off than they were four years ago. The research indicates more than half (52%) of Americans believe the U.S. presidency has a major impact on their personal finances. “We encourage every American to go out and vote,” said Dave Ramsey, personal finance expert and host of “The Ramsey Show.But remember, what goes on in your house is a whole lot more important than who’s in the White House. The research shows that less than half of Americans believe a written household budget is the way to win with money. That has to change, or nothing will.”

Other key findings include:

• 1 in 3 Americans can’t afford Christmas and plan to use credit cards to make up for the shortfall.

• Nearly half of Americans (49%) report some difficulty paying bills, with Gen Z struggling the most (69%).

• 34% said they have at least $10,000 in consumer debt.

• Only 1 in 10 U.S. adults are investing 15% or more of their income.

To see the full results of Ramsey Solutions’ State of Personal Finance report, please click here.

The State of Personal Finance is a quarterly research study conducted by Ramsey Solutions with 1,006 U.S. adults to gain an understanding of opinions and attitudes toward money in America. The nationally representative sample was fielded September 12-16, 2024, using a third-party research panel.

 

 

Industry News

Stephanie Miller Bringing “The Sexy Liberal Show” to the Orpheum Theater in Los Angeles (11/2)

Sexy Liberal Tour

Progressive, multi-platform talk show icon Stephanie Miller is bringing her long-running live touring review, “The Sexy Liberal Show” to the Orpheum Theater in Los Angeles (11/2). The evolving stage presentation has been selling out live theaters and pay-per-views across the nation for years in support of progressive and Democratic Party politics.  In addition to Miller, this installment will feature “Sexy” regulars John Fugelsang, Hal Sparks, and the satirical duo Frangela. Miller tells TALKERS, “This will be the perfect pre-election party to get out the vote for Kamala Harris/Tim Walz and down-ballot Democrats, adding, “We’ve got an incredible lineup of special guests: Mark Hamill, Martin Sheen, Rep. Adam Schiff, and Glenn Kirschner! With their blend of political insight and humor, this night will have you laughing and fired up to hit the polls on Tuesday!”  The show goes live at 8 pm PT and will be available on-demand for a limited time. Live tickets on sale Here. PPV tickets on sale Here.  Also available: VIP Meet and Greet tickets.

Industry News

Erick Erickson Plays Both Sides of the Field

Erick 95.5 WSB, Atlanta (and nationally syndicated) TALKERS Heavy Hundred star, Erick Erickson is giving both sides an airing today (10/18) in his midday show that he’s broadcasting from the parlor in the Texas Governor’s Mansion (see pic at left) before UGA battles University of Texas tomorrow.  He tells TALKERS, he’ll have on both Governors Gregg Abbott (R-TX) and Brian Kemp (R-GA) to talk about the border, the election, and football.

Industry News

NYF and PushDesign Celebrate the Power of Storytelling: Unveiling the “What Defines Greatness” Campaign

NY FestivalsNew York Festivals Radio and TV & Film Awards have launched the 2025 multi-platform call for entries campaign for the annual competitions which culminate in the Storytellers Gala every spring.  The two themes of the eight-video campaign are “What Defines Greatness” and “Sounds Over The Years.”  Together they celebrate a stand-out all-star list of innovative NYF winners through the years: My Octopus Teacher, Peaky Blinders, The Olympics, Done+Dusted, CBS Radio News, The Beatles Channel, Das Boot, A Capitol Fourth, The New York Philharmonic, CBC News, Molly Solomon, Marvin Kalb, and Donna de Varona.  “PushDesign’s Emmy-award winning creative work is a perfect match for NYF,” said Rose Anderson, EVP of New York Festivals and executive director of the TV & Film and Radio Awards Competitions. “These high energy sizzle reels let you see and hear what NYF winners are all about – enthusiasm, excitement, and excellence.”  “The New York Festivals has a global reach, is peer judged, and honors industry legends” said Rob Tobin, founder and creative director of PushDesign, “We wanted to let the programs and winners speak for themselves to inspire entrants.” The 2025 Grand Jury panel selection process is underway, and the TV & Film and Radio Grand Juries will be announced on October 23.  The New York Festivals TV & Film and Radio Awards competitions receive entries from over 50 countries.  Members of the Grand Jury panels vote to determine the Shortlists and final standings for Tower Trophies.  The 2025 Storytellers Gala will honor trophy winners of both competitions in the spring.  The official deadline to enter the 2025 New York Festivals TV & Film Awards is December 31, 2024. For more information on the 2025 TV & Film Awards visit: https://tvf.newyorkfestivals.com/. The official deadline to enter the 2025 Radio Awards is January 31, 2025. For more information on the 2025 Radio Awards winners visit: https://radiohome.newyorkfestivals.com/

Industry News

EDISON RESEARCH: The Race to Rogan – Who Will Candidates Reach on America’s Top Podcast?