Industry News

IHeart Media Appoints New Region Presidents for New York and Chicago

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

Industry Views

Election Takeaways for News/Talk Radio

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

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

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

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

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

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

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

Industry News

Erick Erickson Partners with KRMG on Listener Event

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

Industry News

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

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

Industry 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

“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

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

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

 

Industry News

Talk Radio Shines with Election Night Coverage

im

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

Industry Views

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

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

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

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

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

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

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

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

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

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

Industry News

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

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

Industry 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

TALKERS News Notes

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

 

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

 

Industry News

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

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

 

Industry News

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

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

Industry News

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 News

TALKERS News Notes

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

 

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

Industry Views

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

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

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

Industry News

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

Larry and Scot

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

 

Industry News

Swearing In of a True Talk Radio Hero

Jeff Katz

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

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 News

Top News/Talk Media Stories this Past Week (10/28-11/1)

It was a power-packed stretch (10/28-11/1) as Election Day rapidly approached less than a week away. The presidential race highlighted by continuing talk about the MSG MAGA event and “garbage” talk emanating from both sides consumed the airwaves and talk media programs on all platforms.  Hot topics included: migrant-border issues; the economy-inflation-tariffs-housing; abortion-healthcare-climate change- race relations; Middle East and Central Europe war-violence; Elon Musk activities- big tech-media corruption-bias; crime-guns; Halloween; and the World Series. To see the complete chart of the most talked about stories and people, please click here.

Job Opportunity

Plum Programming Job Open at WHO, Des Moines

Who

iHeartMedia is offering an exciting opportunity for the role of director of spoken word specifically for WHO Radio in Des Moines, Iowa. This position is critical in overseeing all spoken word content, driving the creative vision, and ensuring that the programming captivates and engages listeners. The director will manage on-air talent, curate compelling content, and maintain the high standards that WHO Radio is known for. If you’re passionate about radio, have a knack for leadership, and possess experience in content creation and management, this is a chance to make a significant impact at one of the most respected stations in the industry. Don’t miss this opportunity to shape the future of spoken word at WHO Radio!  For more info and to apply please click here.

 

 

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

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 News

Yesterday’s (10/30) Top News/Talk Media Stories

The presidential race remained dominant on top of the stories list yesterday (10/30) as Election Day rapidly approaches.  Conversation included a continuing rehashing of last Sunday’s controversial MAGA rally at MSG with a huge focus on the comments/fallout from the Puerto Rican community and President Joe Biden‘s controversial remark about former President Donald Trump‘s supporters being “garbage.”  VP Kamala Harris‘s speech in DC, continued to be among the most-talked-about election stories in news/talk media yesterday (10/30).  Other top issues of discussion included the economy, media bias, rising tensions in the Middle East and Central Europe, the migrant crisis, and the World Series according to ongoing TALKERS research.

 

Industry News

I Am Leaving My Daily Radio Show While On Top to Transition to Podcasts

By Mark Belling
Talk Show Host, WISN-AM, Milwaukee

Industry Views

MH: Rogan-Trump Podcast Marks New Media Evolutionary Tipping Point

imMedia analyst, broadcaster, and trade journal publisher Michael Harrison appeared on the popular Jeff Katz afternoon drive show on WRVA, Richmond yesterday (10/29) to discuss comments he made earlier in TALKERS about the historic significance of former President Donald Trump‘s recent three-hour guest spot on the “Joe Rogan Experience” podcast. To listen to the fascinating discussion, please click here.   

Industry News

TALKERS News Notes

Remote News Service Continues Growth – Pacific Northwest.  Remote News Service (RNS), a live and localized news network providing hyper targeted, and custom news/traffic remotely, announces the addition of three new stations to its client list. Lotus Communications Seattle joins Remote News Service adding Northwest News Radio KNWN 1000/97.7, HANK 101.5, and Talk Radio 570 KVI. Frank Lenzi, news director for KNWN said “We are excited about our new partnership with Remote News Service. Their traffic anchors provide our listeners with the top-notch, real-time traffic information for which they have come to rely on us for generations.”  Remote News Service owner Lesley Lotto said “We are thrilled to welcome Lotus Communications, which has such a great reputation in the industry, to the RNS family. This year has been one of tremendous growth and these stations magnify the quality of client stations and markets we’ve been able to attract. It’s all about the exceptional performance of our team.”  For more information, visit remotenewsservice.com.

Jim BlighProving There’s More to Life in America this Week than Just Presidential Politics. Pictured above is Salem Radio Networks (SRN) East Coast affiliate relations manager Jim Bligh – a frequent “player” in NYC-based skits on “Saturday Night Live in addition to appearing in theatrical feature films – joined NBC’s “The Tonight Show with Jimmy Fallon” on Tuesday 10/29). Fallon and Grammy-winning guest Olivia Rodrigo played “What’s Behind Me?”…a charade style game with Fallon describing action happening as her back was turned. Blight – far right – acted out a scene of Three Mobsters doing Yoga at a Barnes & Noble. See Bligh’s skit by clicking here.

 

Industry News

Yesterday’s (10/29) Top News/Talk Media Stories

The presidential race, including a continuing rehashing of Sunday’s controversial MAGA rally at MSG with a huge focus on the comments/fallout from the Puerto Rican community, former President Donald Trump‘s recent appearance with Joe Rogan, and scrutiny over VP Kamala Harris‘s speech in DC, was among the most-talked-about stories in news/talk media yesterday (10/29).  Other issues of discussion included the economy, media bias, rising tensions in the Middle East and Central Europe, and, of course, the migrant crisis according to ongoing TALKERS research.

Industry News

Yesterday’s (10/28) Top News/Talk Media Stories

The presidential race, including rehashing Sunday’s controversial MAGA rally at MSG with a huge focus on the comments/fallout about Puerto Rico and Latinos made by wannabe comedian Tony Hinchcliffe and former President Donald Trump’s “Enemy Within” theme, was among the most-talked-about stories in news/talk media yesterday (10/28).  Other issues of discussion included the economy, media bias, rising tensions in the Middle East and Central Europe, and, of course, the migrant crisis.