Industry News

TALKERS News Notes

Pew Study:  Newsmax among Top U.S. News Brands.  Newsmax The ratings competition for eyeballs and eardrums between multi-platform news content providers has grown increasingly fierce as burgeoning interest in politics – especially during this remarkably heated 2024 election cycle – has driven huge audiences to information venues seeking the latest data and ideological affirmation. The correlation between MSNBC’s notable ratings declines after the “Morning Joe” visit to Mar-a-Lago illustrated the sensitivity of branding and audience expectations within this volatile arena.  So, what media outlets did Americans turn to for political news during the heated 2024 presidential election?  Pew Research did some digging to find out and Newsmax has earned bragging rights for being among the top U.S. news brands for Americans seeking political news. The Pew survey for September of 2024 asked close to 10,000 Americans: “What news source do you turn to most often for political news?”  The question was open ended — with Pew giving no possible responses as respondents gave their own answers.  The Pew Study found Newsmax ranked among the top news outlets and networks and tied with media giants X (formerly Twitter) and YouTube — as respondents’ go-to source for citizens seeking political news. Newsmax even ranked ahead of the Associated Press and local news, and was just one percentage point behind NBC, CBS, MSNBC, and The New York Times.  Major established news outlets FOX News, CNN, and ABC News led the pack. “Multiple studies continue to show Newsmax is a major news player, and we are continuing to rise,” Newsmax Inc. CEO Chris Ruddy tells TALKERS. “The credit belongs to our team here and our viewers who are tired of old media and want the quality journalism we’re providing.” The Pew study confirms a recent Reuters Institute study that found Newsmax was one of the top 12 U.S. news brands for Americans.  The Reuters study found 8% of Americans — about 25 million Americans — turn to Newsmax on cable TV for their news at least weekly.  Starting as a conservative website, Newsmax was launched as an entrepreneurial initiative in 1998 by then-independent journalist Ruddy and expanded to include a TV network in 2014 .  Today, Newsmax estimates it reaches more than 40 million Americans through its television channels, online websites, and social media. The company has raised over $100 million for its Preferred Share Offering in its pre-IPO plan and expects to close soon.

 

Bloomberg Audio Renews Multi-Year Deal With Audacy.  Product - TextRadio syndication firm, Key Networks and Bloomberg Audio, a leading provider of radio business news in the U.S., announce that Bloomberg Audio and Audacy have renewed their agreement to deliver Bloomberg Audio business and consumer news programming across the majority of Audacy’s 26 all-news and news talk stations. Audacy owns and operates many of the most influential news and news talk stations in America, including 92.3 FM and 1010 WINS in New York, News KNX-FM 97.1 and 1070 AM News Radio (KNX-AM/FM) in Los Angeles, WBBM Newsradio (WBBM-AM/WCFS-FM) in Chicago, and more. Audacy LogoBloomberg Audio has been Audacy’s primary business and consumer news provider for several years. Under the new multi-year agreement, Bloomberg Audio will continue to provide Audacy stations with access to its world-class radio news content, including live, customized reports, “Bloomberg Money Minutes,” and specialty features including: “Bloomberg Business of Sports,” “Bloomberg Business of Entertainment,” “Green Report,” “Small Business Report,” “Real Estate Report,” and more.  “We’re thrilled to extend our partnership with Bloomberg Radio, a trusted leader in business news, to continue delivering top-tier, timely financial and consumer content to our listeners,” said Jeff Sottolano, chief programming officer, Audacy. “This collaboration strengthens our commitment to providing unparalleled business news coverage across our all-news and news talk stations, ensuring our audiences have access to the insights and information they need.”

 

Rumble Will Host the Uncensored Fourth Season of “Surviving Barstool.” Surviving BarstoolRumble, the high-growth video platform and cloud services provider, announced that the much-anticipated fourth season of “Surviving Barstool” will move to Rumble, unedited and uncensored, beginning today (12/2). Rumble users and Barstool fans can subscribe to the Barstool Sports Rumble channel here and tune in to watch this season here. YouTube will only carry the censored version of “Surviving Barstool.” “Surviving Barstool” follows 24 of the biggest Barstool employees competing against each other for a $250,000 prize while trapped in the office. The final winner will be decided by the employees who were voted out along the way.

Industry Views

Local “Ink-stained Wretch” is This Week’s Guest on Harrison Podcast

GMD and MHLegendary journalist and all-around local media hero in Western Massachusetts, G. Michael Dobbs, is this week’s guest on the award-winning PodcastOne series, “The Michael Harrison Interview.”  Harrison states, “Western Mass is a special place I’ve called home for the past 40 years. Although I have had several simultaneous homes in different parts of the country during this stretch of time, the Springfield, Massachusetts area has played a very important role in my life.  And in this beautiful, ‘salt of the earth’ segment of America, my guest is well-known to just about all its civically, socially and politically active citizens. His half-century career has been a testimony to the power and importance of local media… which, as we all know, is rapidly becoming an endangered species.”  After decades of service, the recently retired executive editor of Reminder Publishing, continues his multi-faceted career in mass communications. Harrison comments, “I’m not sure he understands the meaning of the word retirement.” In his no-frills-down-to-the-basics career, Dobbs has worked as a newspaper reporter and editor, freelance writer, radio talk show host, college instructor and was the editor of two nationally distributed magazines about animation. He has written seven books to date and continues to write as well as appear as a host for Focus Springfield cable television. Harrison adds, “He has covered hundreds of school board and city council meetings; conducted thousands of interviews with local leaders; knows just about everything involved in how local government operates; and is an expert on cigars, brandy, old films, cartoons, comics, and even strippers.  He’s an amazing guy and a quintessential example of the tremendous importance of local, grassroots journalism in sustaining and preserving American freedom and democracy.”  The conversation with Dobbs started out with Harrison appearing as a guest on the media practitioner’s local podcast titled, “The Ink-stained Wretch with G. Michael Dobbs.” But, according to Harrison, “The conversation went deep into some very meaty material, so I decided to dip into it and extract some content for my own podcast.” To listen to the podcast in its entirety, please click here.

Industry News

TALKERS News Notes

RNC Chair Michael Whatley Credits WBT Listeners with Delivering NC to Trump.  WBT, Charlotte afternoon drive star Brett Winterble was joined by Republican National Committee chairman, Michael Whatley, yesterday (11/25) to talk about the GOP’s election victories.  During the conversation in which Whatley discussed the election’s immediate impact on issues ranging from wars in the Middle East and Central Europe to immigration and the economy, Whatley credited Radio One’s WBT listeners with helping secure the victory for Donald Trump in North Carolina.  Winterble is a rising star in the talk radio industry currently ranked at # 41 on the 2024 TALKERS “Heavy Hundred” list of the 100 Most Important Radio Talk Show Hosts in America.  To listen to the conversation between Winterble and Whatley please click here.

 

Brad GillieThe Performance Racing Network (PRN) Taps Brad Gillie to Assume Role of Lead Anchor Alongside Mark Garrow beginning with the 2025 NASCAR season. Gillie will be replacing longtime lead anchor Doug Rice who has retired after a distinguished 36-year career left a void few could fill. “The obvious choice to succeed me is Brad Gillie,” Rice tells TALKERS. “He has been an integral part of our broadcast team for decades. He is an excellent broadcaster that our fans trust and are very familiar with, which I know will make this a smooth transition.”  Gillie has spent more than two decades working in motorsports. His career started in 1998 at Texas Motor Speedway where he spent 16 years in a variety of positions.  In 2006, Gillie began broadcasting live NASCAR events with PRN, where he could be heard in any broadcast position. “I am truly grateful to PRN and Speedway Motor Sports for the opportunity to continue building on a long legacy of exceptional broadcasts,” said Gillie. “It is an honor to move up to the anchor chair and, along with our great team, deliver the excitement of NASCAR to our listeners and affiliate stations. I also want to thank Doug Rice for his friendship and mentorship. His values and commitment to excellence have made PRN an elite network recognized throughout the motorsports and radio industries.”

WABC FOLLOW UP TO YESTERDAY’S STORY: 77WABC, New York Partners with AARP NY, Gristedes and D’Agostinos Supermarkets, and Catholic Charities for Annual 10,000-Turkey Giveaway During Holiday Season.  WABC Radio continues its self-stated “commitment to the community” with its annual 10,000-Turkey Giveaway, in collaboration with AARP New York, Gristedes and D’Agostinos Supermarkets, and Catholic Charities of the Archdiocese of New York. The first 5,000 turkeys will be handed out before Thanksgiving, and the remaining 5,000 will be distributed before Christmas and the Holiday Season. The annual Turkey Giveaway kicked off at 10:00 am yesterday morning (11/25) when turkeys were handed out by John and Margo Catsimatidis, Curtis Sliwa, Sid Rosenberg, and other WABC Radio and New York celebrities from the 77WABC Trolley at St. Malachy’s Roman Catholic Church on W. 49th St. in New York City. “WABC Radio is an emergency broadcast station, a responsibility that extends to helping people in the greater New York City community year-round,” said John Catsimatidis, owner of Red Apple Media, 77WABC, and Gristedes and D’Agostinos Supermarkets. “Working with AARP New York and The Catholic Charities of the Archdiocese of New York, we are bringing much-needed help, and hopefully joy, to those in our community who are in need and deserve happiness and a good meal for the Holiday Season.” Pictured above, John and Margo Catsimatidis participating in the holiday initiative.

 

 

Industry News

Sebastian Gorka to Leave Salem to Join Trump Administration as Counterterrorism Advisor

Gorka and Tradup

President-elect Donald Trump has tapped Salem Radio Network syndicated talk personality Sebastian Gorka to rejoin his team for a second go-around. This time, Gorka will serve as the deputy assistant to the president and as the senior director for counterterrorism.  In a statement released by the Trump transition team: “Since 2015, Dr. Gorka has been a tireless advocate for the America First Agenda and the MAGA Movement, serving previously as Strategist to the President in the first Trump Administration.”  Salem Radio Network VP/news and talk programming Tom Tradup (shown left) pictured with Gorka (right) tells TALKERS, “We will miss Seb dearly at the Salem Radio Network – he’s a great friend and a solid broadcaster. Our loss is America’s gain.”

Industry News

International Radio Exchange Program Offers New Perspectives on Media and Democracy

Andy GladdingBy Andy Gladding, Ed.D.
WMCA 570 / WNYM 970 Radio, New York
WRHU 88.7 FM, Hofstra University
Chief Engineer

Following the 2024 election cycle, there has been a flurry of conversation and speculation over the diminishing role linear media played in deciding the outcome of high-profile national races. With both the Trump and Harris teams choosing to heavily engage with social media influencers, digital media outlets and podcasters, campaign operatives have demonstrated that they are willing to shift their political ad spending into newer forms of broadcast messaging. This has called into question just how much influence and effectiveness legacy media has over audiences in the current media market.

However, not every country shares this perception. In 2020, WRHU Radio Hofstra University in New York formed an alliance with 89.5FM Bush Radio in Cape Town, South Africa. Bush Radio is the oldest community radio station in South Africa, having long been an established voice for the Cape Town area since the early 1990s. With programming in three languages and a highly diverse staff, the station is deeply ingrained in the fabric of the Cape Town media space. The parallel goals of WRHU and Bush Radio, specifically emphasis on local journalism, community programming and educational radio training, provided a strong foundation for the stations to build this joint venture. The purpose of this partnership was to explore the power and reach of community radio in each station’s respective broadcast area. Since the inception of this relationship, both stations have enjoyed a continuous flow and exchange of ideas, goals and programming, even co-producing a weekly show called “1World Radio,” which highlights news, talk and music content featured WRHU and Bush Radio.

Bush People at Radio HofstraBush Radio journalists Jasnine Roberts, Lydia Marwanqana, Renato Van Schalkwyk, and Adrian Louw tour the Salem Radio New York facilities with chief engineer Andy Gladding (pictured in rear) and assistant production manager Alex Garrett (pictured in front).

As part of this alliance, the stations were able to engage in a radio exchange program commencing just before the 2024 U.S. elections. With monies gained from a cultural grant, Bush Radio sent five radio journalists abroad to New York and Washington, DC to cover the national elections. The purpose of this trip was for the Bush Radio journalists to have the opportunity to see the American democratic process up close and later report their findings back to the Cape Town listening audience.

To continue to the entire special feature article, please click here.

Dr. Andrew Gladding is the chief engineer of the Salem Media stations in New York City – WMCA 570 / WNYM 970 – as well as WRHU 88.7 FM, Hofstra University, where he also serves as a lecturer on communications. He can be reached at 516-527-0764 or andyg@nycradio.com.

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

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

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

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

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

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 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

TALKERS News Notes

WURDWURD Radio Endorses Kamala Harris for President.  For the first time in its 20+ year history, Philadelphia’s only Black-owned radio station, WURD Radio has endorsed a political candidate — Kamala Harris for President of the United States. Prompted in part by the decision from owners of the Los Angeles Times and The Washington Post to overrule planned endorsements by their editorial boards, sources at the station tell TALKERS, this decision underscores the importance of independent media ownership. From the endorsement: “Our founder, Walter P. Lomax Jr., M.D., understood that the media has the power to shape perceptions, images, narratives and, most importantly in this election, to tell the truth. He understood that the media can demonize or humanize, destroy or exalt, diminish or elevate. Dr. Lomax knew that mainstream media often marginalizes, caricatures and maligns Black people. WURD is in a unique position to speak honestly and emphatically about what matters most to our community because we are independently owned.”  To read the entire text of the endorsement, please click here.

 

imSiriusXM Tips Off College Basketball Coverage with 74 Games on Opening Night, November 4.  SiriusXM will deliver college basketball fans an extensive schedule of live games throughout the 2023-24 college basketball season, starting with a slate of 74 women’s and men’s matchups to choose from when the season tips off this Monday (11/4).  The men’s schedule includes all 19 teams from the Associated Press Top 25 that are in action on Monday night, including the season’s first matchup of Top 25 ranked teams – #8 Baylor @ #6 Gonzaga (11:30 pm ET). The opening day schedule of women’s games on SiriusXM includes 12 teams from the Associated Press Top 25 and features a couple of Top 25 matchups – #20 Ole Miss @ #3 USC (noon ET) and #5 UCLA @ #17 Louisville (2:30 pm ET).  Throughout the season SiriusXM listeners will get access to dozens of game broadcasts each week involving teams from the SEC, Big Ten, Big 12, ACC, Pac-12, Big East and more.

 

NewsMaxNewsmax Launches in France on Molotov.  Newsmax TV, one of America’s most popular news channels, just launched on Molotov, one of France’s leading TV platforms, as U.S. voters go to the polls to pick their next president.  The Newsmax channel went live on Molotov’s platform on October 24, 2024, expanding its global footprint with 19 million Molotov users in France and French-speaking territories.  Molotov is one of France’s main TV services offering streaming television to internet users across the nation and its territories. Molotov subscribers can tune to Newsmax via the platform’s free tier.

 

Industry Views

News/Talk Radio Mainstay Lars Larson is this Week’s Guest on Harrison Podcasts

UCFO Michael Harrison - Lars Larson
Do people get the media and government they deserve? Is the mainstream press really “fake news” and unfair to the MAGA movement? What are the true threats to American democracy at play in this rapidly changing era?  Lars Larson is this week’s featured guest on the TALKERS MEDIA YouTube video channel’s “Up Close Far Out with Michael Harrison” and the award-winning PodcastOne audio series, “The Michael Harrison Interview.”  Larson, ranked #14 on the 2024 TALKERS Heavy Hundred and approaching his 50th anniversary in broadcasting, hosts two syndicated versions of his long-running 12:00 noon to 4:00 pm (PT) show on flagship station, KXL, Portland, OR.  One is carried on approximately 26 Radio Northwest Network (RNW) stations in Oregon, Washington, and Idaho.  The other is heard on more than 100 stations across the nation on the Compass Media Networks.  During his illustrious career, Larson has been the recipient of more than 70 awards from the Associated Press, Society of Professional Journalists, and the National Press Club, as well as two Emmys and a Peabody for his reporting and documentaries.  In a candid discussion that covers a variety of contemporary hot button issues, Larson provides the conservative media perspective on the controversial Trump Rally at Madison Square Garden along with his take on mainstream news coverage, in general, of the 2024 presidential race.  The conversation also taps into burgeoning Middle East tensions, social media, artificial intelligence, the state of journalism, the First Amendment, privacy rights, the power of TV to distort reality, plus the tenets of Marxism, Naziism, socialism, and capitalism, as well as the unique political makeup of the Portland area.  Don’t miss this!

To view the video in its entirety, please click here.

To listen to the audio version in its entirety, please click here. MHInterview.com

Industry Views

MONDAY MEMO: Does Anybody Really Know What Time It Is?

By Holland Cooke
Consultant

imPossibly not — beginning Sunday — unless you live in Hawaii and Arizona (except the Navajo Nation) or American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. Everywhere else, clocks will change when we “fall-back” on November 3.

im

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

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Part 2: Understanding Fair Use

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Part 2: Understanding Fair Use

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

Matthew B. Harrison, Esq.Incorporating copyrighted material, such as video clips or actualities, can enhance your content, but understanding fair use is critical to avoid legal trouble. Fair use permits limited use of copyrighted material for purposes like criticism, commentary, news reporting, or parody without needing permission. Courts assess fair use based on four factors: purpose and character of the use (is it transformative?), nature of the work (factual vs. creative), amount used, and the effect on the market. Learn practical tips on safely navigating fair use, including using brief excerpts, transforming content, and considering market impact.

This is the second in a series of articles addressing the broader topic of fair use for media creators. Click here for the first installment.

Understanding Fair Use: Purpose and Character of the Use. When using copyrighted material belonging to others in the creation of your own media content, it is important to understanding the concept of fair use. Fair use allows copyrighted material to be used without permission for purposes like criticism, commentary, news reporting, education, or parody. It’s not an absolute right but rather a defense you can claim if challenged. Courts assess fair use based on four key factors, all which broadcasters should carefully consider.

The first factor of fair use that courts consider is the purpose and character of the use. Specifically, is the use of the material transformative? Transformative use is a key concept that can often determine whether your content qualifies as fair use or not – and really is the heart of the inquiry.

What Does Transformative Mean? In legal terms, a use is considered transformative when it adds new expression, meaning, or message to the original work. This is different from merely copying the work or using it for the same purpose as the original creator. By transforming the material, you’re creating something that serves a different purpose or offers new insights, rather than simply replicating the original content.

Example: Auto-Tune the News. One of the most famous examples of transformative use is the Gregory Brothers’ viral “Auto-Tune the News” series, which turned news clips into catchy, auto-tuned songs. In 2010, they took an interview clip with Antoine Dodson, who was describing an attempted home invasion, and turned it into the widely popular “Bed Intruder Song.”  In this case, the original news segment was purely factual—a straightforward broadcast of a local news report. However, by remixing the clip with auto-tuned vocals and adding music, the Gregory Brothers transformed the clip into a piece of entertainment and social commentary. This new purpose—entertainment and humor—was distinct from the original intent of simply delivering news, making it a classic example of transformative use. Although the raw news footage was copyrighted, the remix was so different in tone, presentation, and purpose that it was protected under fair use. The transformation added new creative elements and reframed the original material as a humorous, catchy song.

How Does This Apply to Radio? Let’s take this concept and apply it to radio, a medium that often uses clips from other sources. Imagine you’re running a talk show, and you want to use excerpts from a political speech to make a satirical point about current events. If you simply play the speech on air without any changes, it may not qualify as fair use because you haven’t transformed the original material – you’re just rebroadcasting it. However, if you take portions of the speech and then critique, analyze, or poke fun at it, you’re more likely to be in the clear. For example, if your show involves playing clips of political speeches interspersed with humorous commentary or parody, you’re repurposing the original work in a new and transformative way—much like “Auto-Tune the News.”

Another example could be a radio show that plays clips from popular songs but recontextualizes them within a larger discussion of musical trends or cultural history. If the song clips are used to illustrate a point and not simply for entertainment value, the new purpose—educational or critical analysis—can qualify the use as fair. In cases involving parody or political commentary on radio, the fair use defense has sometimes been successful. For instance, radio shows that use short clips from speeches, interviews, or news broadcasts for commentary, satire, or criticism can invoke fair use if the content is transformed for a new purpose.

One example is when talk radio shows play brief excerpts of copyrighted works (e.g., speeches, news clips) to critique or analyze them. If the use is transformative and doesn’t replace the original work in the marketplace (i.e., people wouldn’t listen to the radio show as a substitute for the original), courts have shown a willingness to accept fair use in such contexts. However, detailed legal battles involving radio stations using copyrighted material for parody or commentary are less common than those involving music licensing.

Example: Rogers v. Koons (Rebroadcast of News Content). While not as widely reported as music-related cases, one example of a copyright infringement suit involving the rebroadcast of talk content was a case where a news organization sued a radio station for replaying portions of its copyrighted interviews and reports without permission. In cases like this, radio stations or broadcasters may try to claim fair use based on the purpose of the rebroadcast, such as using a portion of an interview for commentary, satire, or news reporting. However, if the content is used purely to replay the original, as opposed to being transformed into a new, critical, or educational piece, the fair use defense may not succeed.  For example, news stations may license their talk content (like interviews or original reporting) through syndication deals. If a radio station broadcasts this content without securing the necessary licensing agreement, they may face a copyright lawsuit.

Example: Talk Show Hosts and Syndicated Content. A real-world scenario can involve syndicated talk shows or podcasts that are copyrighted. Radio stations can face lawsuits if they replay this content without proper authorization. An example would be stations rebroadcasting popular talk radio shows or political commentaries (such as those by syndicated hosts like Rush Limbaugh or Howard Stern) without purchasing broadcast rights. This unauthorized use can lead to legal action from the copyright holders. For example, if a station replays clips of an interview conducted by NPR or a news network for entertainment or even news purposes, and it doesn’t transform the content for criticism or commentary, it may be violating copyright law. Radio companies might try to claim fair use, but the courts will look closely at whether the replay served a new, transformative purpose or was simply a verbatim rebroadcast.

Key Considerations for Broadcasters. To better understand whether your use of copyrighted content is transformative, ask yourself:

• Are you adding new meaning or message? The more your work transforms the original content – such as using it for commentary, criticism, or satire – the more likely it qualifies as fair use.

• Does your use serve a different purpose? If you’re using the content for a new purpose, like entertainment, education, or social commentary, rather than simply duplicating the original, it can be seen as transformative.

• Are you just using the original for its own sake? If the copyrighted material is used in a way that does not add new expression or meaning, it’s less likely to fall under fair use. Transformative use is a powerful defense in fair use claims, but it’s not a guarantee. Always make sure your purpose and character are different from the original intent of the work, and when in doubt, seek legal counsel.

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

Fair Use: A Media Creator’s Guide to Using Copyrighted Content

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

Matthew B. Harrison, Esq.As a media creator, incorporating copyrighted material, such as video clips or actualities, into your content can enhance your message. But when using someone else’s work, you need to consider fair use, a legal principle that permits limited use of copyrighted material under certain conditions – without needing permission from the copyright holder. Understanding when and how you can safely use this material is critical to avoiding costly liability – whether it’s a copyright strike or complicated copyright litigation.

What is fair use? Fair use is the legal principle that allows copyrighted material to be used without permission for purposes above and beyond the original version – like criticism, commentary, news reporting, education, or parody. It’s not an absolute right but rather a defense you can claim if challenged. Courts assess fair use based on four key factors, all which creators should carefully consider.

Purpose and character of the use.  Is the use of the material transformative? This means that you’re adding something new or giving it a different purpose than the original, rather than just copying it. This is more likely to be allowable. On the other hand, simply reposting someone else’s video with little change is not transformative and could be seen as infringement.

Nature of the copyrighted work.  Not all content is treated equally under fair use. Factual works (such as news reports) are more likely to be subject to fair use than creative works (like movies or music videos). Why? Courts recognize that creative works often involve a higher level of personal expression, so they deserve more protection. Plus, society has an interest in being able to quickly disseminate news and other important information – therefore, facts generally have little to no protection themselves.

Amount and substantiality. The more of the original work you use, the less likely it is to qualify as fair use. Using a brief clip or excerpt is more defensible than using an entire segment or the “heart” of a work, which is often the most memorable or critical part. This becomes less of an issue when using factual material, though immediately can get complicated if the material being used is someone elses opinion and commentary. This is where taking less is going to be more – in terms of preventing potential liability.

Effect on the market. If your use of the copyrighted material could replace the need for the original courts are more likely to see it as infringement. In other words – is your use of the material taking money out of the pockets of the original creator? This isn’t a moral judgement but purely an objective analysis. If your use does not impact the market for the original work, such as in a news or educational context, it’s more likely to fall under fair use.

Practical Takeaways for Media Creators

Use brief excerpts, not whole segments. The less you use, the more likely it’s fair use.

Make sure your use is transformative. Add commentary, criticism, or parody to distinguish your work from the original.

Be mindful of market impact. Avoid using copyrighted material in a way that competes with the original.

Credit is not enough. Even if you give attribution, it doesn’t exempt you from potential liability. Fair use depends on how you use the material, not just on crediting the original creator.

While fair use provides flexibility, it’s crucial to apply it carefully. When in doubt, consult with legal counsel to ensure your content remains within legal bounds.

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Michael Berry Interviews WWNC, Asheville PD Mark Starling

Ashville Iheart
Pictured above: the staff of WWNC, Asheville during the storm. Morning host and news director Mark Starling shown bottom center.

Premiere Networks and TALKERS top 10 Heavy Hundred-star Michael Berry interviewed Mark Starling, morning host and news director of iHeart’s WWNC, Asheville, NC yesterday (10/9) about his broadcast team’s experience serving the public while surviving themselves during the wrath of Hurricane Helene.  Berry tells TALKERS, “The WWNC staffers were stranded inside their studios in Asheville during the worst of the storm.  They rose to the occasion, reminding everyone why radio matters more than ever.  Not just the medium, the people who create the magic. He explains why this storm proves we need AM radio in our cars.  It saved lives.” Berry adds, “I want every congressman and senator to hear this.  Starling tells about his family being stranded in rising water, trying to get to them and safety, and he and his entire station were flooded in the building, unable to get out.  They had no power, internet, nothing. Radio at its best.  Humanity at its best. Grace.”  To listen to a podcast of the conversation between Berry and Starling, please click here.

To read a comprehensive story in the Asheville Citizen-Times about WWNC’s role in the storm, please click here.

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According to a story by reporter Kerry Picket in yesterday’s issue of The Washington Times (10/6), Big Apple Republicans want WABC owner John Catsimatidis to run for mayor of New York City if embattled Mayor Eric Adams resigns from the post and a special election follows.  The article says, according to a New York GOP source, the city’s five county chairmen prefer Catsimatidis, over any other potential Republican looking to become the next mayor of the city.  TALKERS publisher Michael Harrison reacted to the story by saying, “John Catsimatidis would make a great mayor for New York – but NYC’s gain would be radio’s loss.  He’s one of the shining lights among the ranks of today’s radio ownership.” Harrison adds, “As far as I know, this is news to Catsimatidis as well as the rest of us.  I do not believe he has spoken to anyone about this prior to the speculation based on The Washington Times sources.  Regardless, it sure makes sense.” Catsimatidis owns multiple businesses, including a chain of supermarkets in Manhattan and WABC, where he hosts two political talk shows. He also heads up the Red Apple Group, a real estate and aviation company worth about $2 billion in holdings. To read the entire article, please click here.

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EXCLUSIVE DEBUT: Richard Neer’s New Radio Short Story, “Invisible Airwaves”

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Legendary WFAN, New York personality Richard Neer, an accomplished author as well as a radio broadcasting pioneer in both the album rock and sports-talk genres, has written a fascinating short story that takes place in a contemporary radio setting. TALKERS is proud to publish its world debut today (9/30) marking the first time in its 34-year history that the trade journal is presenting a work of literary fiction based on the media.  TALKERS publisher Michael Harrison states, “Our talk media industry readers will find this short story relatable, dramatic and compelling.”

Kelly Sterling, a lifestyle reporter for The Washington Post, sets out to find Greg Campbell, a once-prominent DC radio talk show host who vanished from the airwaves more than two decades ago. His search leads him to a small town in rural Virginia, where Campbell broadcasts from a tiny station with little reach. Now in his nineties, Campbell continues to deliver thoughtful, reasoned commentaries, offering a rare voice of moderation in an increasingly polarized media landscape. Sterling meets Campbell and his daughter, Grace, who cares for him and supports his passion for broadcasting. Despite the station’s humble setting, Campbell’s love for radio and dedication to the principles of journalism shine through as he prepares for each broadcast. As Sterling digs deeper, he discovers there’s more to the story of Campbell’s life and career than he initially expected, revealing layers of resilience, purpose, and the enduring impact of one man’s voice.

To read the story in its entirety, please click here.

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