Smoke and Mirrors: Fair Use Lessons from Pop Smoke and Bruno Mars
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
The intersection of copyright and fair use remains a gray area for media creators, especially in music. Two cases – Pop Smoke’s use of an interview clip in “Tunnel Vision (Outro)“ and Bruno Mars’ use of a voicemail from Halle Berry in “Calling All My Lovelies“ – offer crucial lessons. While one led to legal action, the other was resolved without litigation, underscoring the importance of understanding copyright laws when using external audio.
The Pop Smoke Case: Unpermitted Use Leads to Legal Action
In 2020, journalist Victoria Inoyo sued Pop Smoke’s record labels, alleging they used a 16-second interview clip without permission. She sought $1.5 million in damages, credit as a writer, and a share of publishing revenue. The case was settled out of court, but Inoyo was not credited as a songwriter. This highlights the importance of obtaining permission before using recorded speech, even if it features an artist discussing themselves.
The Bruno Mars Case: A Voicemail Used with Permission
Bruno Mars featured a voicemail from actress Halle Berry in “Calling All My Lovelies“ from his 2016 album “24K Magic.” The voicemail added a playful and personal touch to the song, and because Berry gave explicit permission for its use, no legal issues arose. This highlights the importance of obtaining proper authorization when incorporating third-party audio.
Key Takeaways for Media Creators
1. Copyright Still Applies to Spoken Word – Just because audio clips discuss an artist does not mean they are free to use.
2. Fair Use is Not a Guarantee – Using spoken-word content in a transformative manner does not automatically qualify it as fair use.
3. Seek Permission When Possible – Negotiating proper licensing before using copyrighted speech can prevent legal disputes.
4. Personal vs. Third-Party Audio – Bruno Mars’ use of Halle Berry’s voicemail did not lead to litigation, demonstrating how securing consent can help avoid legal issues.
For media creators, these cases illustrate the need for careful legal consideration. Proper permissions and clear transformative intent can mean the difference between a seamless creative process and a costly legal battle.
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
To say that I am excited about the forthcoming Intercollegiate Broadcasting System (IBS) conference coming up in New York City on Friday March 7 and Saturday March 8 is an understatement. I am proud that TALKERS has taken on the role of “presenting sponsor” of the entire event and that this year’s iteration of the annual “TALKERS” conference will be taking a unique and groundbreaking turn toward the future of radio-oriented broadcasting within the context of the industry’s leading youth-oriented gathering.
If professional radio is truly concerned about an aging audience and a deteriorating “farm system” from which to recruit new talent, it’s time to connect with the largest concentration of young broadcasters and listeners found on the planet in America’s dynamic campus radio station and communications department scene.
Cumulus Media today (2/5) announced the promotion of Yancy McNair to senior vice president of engineering, effective April 1. McNair will oversee Engineering, Telecom, Real Estate, and Purchasing for the company, and will report to chief financial officer, Frank Lopez-Balboa. McNair, a 21-year veteran of Cumulus Media, rises from his role as VP of technical operations. He assumes leadership responsibilities from Conrad Trautmann, chief technology officer, who will retire at the end of March 2025 after a successful 25-year career with Cumulus Media.
Louisville Public Media (LPM) has announced (2/4) that it is launching a new talk show, “On Track” – a new three-day-a-week, 30-minute interview-based show, on February 10. “On Track” will air Monday-Wednesday at 6:00 pm on WFPL, Louisville between “All Things Considered” and “Marketplace,” two of NPR’s flagship national news programs during core listening hours. It will also be available as an on-demand podcast. The interview-driven show is set to dive into the issues shaping Louisville and Southern Indiana. LPM sources tell TALKERS, “In an effort to amplify and deepen the conversation around the biggest topics in our community, the show will connect with public officials, community leaders and everyday people about the challenges and triumphs happening in Louisville and Southern Indiana. It will work to keep the civic conversation ‘on track.’ Its host, veteran broadcast journalist Ayisha Jafer will explore topics with people from across our diverse community that challenge the traditional sound of public media. Scheduled topics include: the state of downtown Louisville, the loneliness epidemic, business development and its impact on neighborhoods, finding love in Louisville, how the pronunciation of Louisville came to be and more.” With the addition of “On Track” to WFPL’s on-air schedule, some programs will shift. “Marketplace” will now air Monday-Friday at 6:30 pm. “Today Explained” will move to Thursday and Friday at 6:00 pm.
pm on Saturday, March 8 in the heart of the iconic IBS gathering. It will feature an array of six sessions with 16+ luminary industry speakers (to be named shortly) including a keynote address, fireside chat, and four panel discussions that will tackle such topics as “Launching and Managing a Career in a Changing Media Industry,” “Old School, New School, Next School: Learning from Each Other,” “Radio’s Place in a Digital World,” “Finding and Delivering Truth in an Age of Misinformation,” and much more. TALKERS will also serve as the Presenting Sponsor of the entire IBSNYC 2025 event.
As the excitement builds for Super Bowl LIX, Audacy has positioned itself to be the “go-to audio home” for football fans nationwide. With flagship stations 96.5 The Fan (KFNZ-FM) in Kansas City and Sports Radio 94WIP (WIP-FM) in Philadelphia, the company is set to provide fans with in-depth analysis, exclusive interviews, and live play-by-play coverage of the big game on February 9. Additionally, six Audacy sports stations and Audacy’s newly launched BetMGM Network will broadcast live from the radio row, to provide listeners the latest updates, expert insights, and exclusive interviews throughout Super Bowl week. And with Westwood One’s national broadcast on 20 Audacy sports stations, the plan is for fans across the country not to miss a moment. Audacy tells TALKERS, “Whether on the air or on the free Audacy app, listeners can tune in for every snap, every score, and every story leading up to and following Super Bowl LIX.” Please click 
12 years with the station. A report in The Chattanoogan says that Joyce, who hosted the late morning “Brian Joyce Unfiltered” program, “parted ways” with the station last week. Joyce joined WGOW in 2012 and became part of the morning drive show in 2018, alongside Jim Reynolds and Kevin West. In 2023, Cumulus retooled the morning show bringing Jed Mescon aboard to co-host with Reynolds and Joyce moved to the late morning slot. 
from 4:00 pm to 6:00 pm. In 2022, the Lutzes moved to the 2:00 pm to 4:00 pm slot to better accommodate their schedules. Bob Lutz is the founder and executive director of the League 42 baseball league that serves inner city and low-income youths, and Jeff Lutz is a full-time digital producer at KWCH-TV, Wichita. In late 2024, KFH notified the duo that it wanted to move the syndicated Jim Rome show into their time slot and move them to the 5:00 pm to 7:00 pm slot. The two tried to produce the show earlier in the day to air at 5:00 but Bob Lutz tells the Eagle that not speaking live with callers took the fun out of the show. 
The final opportunity to submit entries for the milestone 
Bonneville Phoenix announced 1/30 that longtime employee Erin Maloney has been named program director at Arizona Sports 98.7 (KMVP-FM) and ESPN 620 (KTAR-AM). “From starting as an intern in 2012 and growing into leadership roles throughout her career, no one is more passionate about our sports brands than Erin,” said Bonneville Phoenix SVP/MM Ryan Hatch. “She is so well respected by everyone in the market, and we are very excited for her to take this next step.” “I’m truly honored to step into the role of program director of Arizona Sports,” said Maloney.
“Working alongside the best in the business is not just a privilege, it’s a dream come true. I look forward to leading an exceptional team of talented individuals who consistently set the standard for excellence in the industry and taking Arizona Sports to new heights.” Maloney most recently served as APD and will replace programming veteran Brian Long who recently returned to Southern California to be with his family and program iHeart’s KFI AM 640, as well as KLAC-AM and KEIB-AM. Arizona Sports is the flagship station for the Arizona Cardinals, Phoenix Suns, Arizona Diamondbacks and Arizona State University football and basketball.
After the first White House press briefing by the youngest presidential press secretary in history, the calls, emails and texts keep flowing in to me about Karoline Leavitt.
Back in 2022, we were at a client remote, and the owner told me he wanted to introduce us to this young lady who had been a White House aide near the end of Trump’s term. “She is going places,” our client told us.
Harrison as “one of the most dynamic and effective radio managers in America” – has served as president of WABC Radio, Red Apple Media Group, and the Red Apple Audio Network since the iconic AM station was acquired and expanded five years ago by New York-based billionaire businessman / talk show host / philanthropist John Catsimatidis. Since then, the station and its associated media group have shown explosive growth that has grabbed the attention and respect of the national broadcasting industry. Prior to joining Red Apple, Lopez had already achieved notable recognition for his leadership as VP/MM of Cumulus New York and before that as GSM of CBS Radio New York. The Fireside Chat will be one of the highlights of the innovative four-hour TALKERS event on Saturday, March 8 that will be co-located with the national Intercollegiate Broadcasting System (IBS) conference March 7-8 at the Sheraton New York Times Square hotel. More speakers will be announced next week. For more information about the event including discount conference registration and room registrations, please see the story immediately below.
indelible mark on the industry, growing Audacy from a few small radio stations into a scaled multi-platform audio content and entertainment powerhouse. He has built a great company with leading positions across the country’s largest markets and an outstanding portfolio of exclusive, premium audio content. Under David’s dedicated leadership, Audacy has been positioned for longterm success, and we look forward to working with Kelli and the entire team as the company begins its next exciting chapter.” In a statement, Field says, “Since I joined Audacy, then Entercom, we have grown from $10 million in revenues with ten niche radio stations into a $1.2 billion, multi-platform audio leader with one of the country’s two scaled radio broadcast groups, one of the largest podcast networks and the unrivaled top position in sports audio. Audacy recently completed a very successful 2024, delivering industry-leading EBITDA growth of more than 70% through the third quarter and significant revenue share gains across our radio and digital businesses. With the company in a strong competitive and financial position, now is the optimal time to pass the baton to new leadership. I am deeply proud of our extraordinary team and everything we have accomplished for our listeners, customers, partners, and communities. The company is in great hands, and I look forward to seeing the next chapter of Audacy’s success.”
In the ever-evolving landscape of digital media, creators often walk a fine line between inspiration and infringement. The 2015 case of “Equals Three, LLC v. Jukin Media, Inc.” offers a cautionary tale for anyone producing reaction videos or commentary-based content: fair use is not a free pass, and transformation is key.
Offering LLC and says the deadline to apply for shares in the pre-public offering private placement is Friday (1/31). Newsmax says that its private placement investments are near the $185 million mark. Newsmax has made information about the offering available via its NewsmaxInvest.com site. The offering is available to accredited investors with an annual income of $200,000 or a $1 million-plus net worth.
Spadea – morning drive host at WKXW-FM, Trenton “New Jersey 101.5” – and his employer Townsquare Media created an illegal “shadow campaign.” The complaint says Townsquare used radio, social media and public events to promote Spadea’s campaign thereby providing him with “hundreds of thousands of dollars” worth of advertising. Ciattarelli is asking the Commission to deny Spadea’s campaign access to matching public funds and to fine Townsquare for the campaign violations. Spadea’s campaign says the complaint is baseless and that it has complied with election law throughout his campaign. 
managed Cumulus’ Shreveport and Bossier City, Louisiana stations. Welling takes over for the retiring Chris Monk. Cumulus president of operations Bob Walker says, “We are thankful to Chris for the strong foundation he has built for our clusters in Flint and Saginaw and wish him all the best in his retirement. As we look to the future, we are excited to welcome Cody back to Cumulus to take our powerful brands to the next level. Cody is a passionate broadcaster who is dedicated to helping local businesses connect with our audiences and fully leverage the opportunities our traditional and digital assets provide.”
platforms that emphasize conversation and create a sense of connection. To win with this community who wields $2 trillion in buying power, brands must prioritize engagement strategies that center diverse Black experiences and cultural nuances.” The study notes that social media apps have become a haven for Black consumers – Black adults overall spend more time scrolling than their peers. Black millennials (between 18 and 34-years-old) spend the most time on social media among all adults by almost an hour per week. Black adults also have high engagement with radio and podcasts. Radio averages the same as TV in weekly reach with Black adults – each medium reaches 27 million Black adults on average. 
from 27% in 2021; 2) the top podcast genres of 2024 were News (25% of downloads), True Crime (19%), and Comedy (13%). Of True Crime podcast listeners, 67% were female, of Comedy podcast listeners, 61% were male, and of News podcast listeners, 56% were male; 3) NPR News Now (NPR) remained the top podcast in 2024; and 4) “Bongino Report Early Edition with Evita” had the #1 debut in 2024. Triton SVP measurement products & strategy Daryl Battaglia says, “2024 marked another year of remarkable growth for the podcast industry, with listenership broadening across demographics and becoming more mainstream than ever. As new audiences dive into podcasts and spend more time listening, fueling deeper engagement, genres like True Crime, Kids & Family, and History drive the highest back catalog consumption, creating untapped opportunities for programmatic advertising. At Triton Digital, we remain dedicated to providing deep insights into listener behavior and platform preferences as this dynamic medium continues to evolve.” 
Whitepaper: The Extraordinary Cost of Dull,” the analysis notes that 1) Neutrality, the absence of emotion, is the most common reaction to ads; 2) Business-to-business ads are even duller with greater neutral “feeling nothing” responses; and 3) 
which is 19.6% of adults planning a new vehicle purchase. Among heavy radio listeners (those that listen more than 3 hours a day), that number jumps to 30%. That’s 53% stronger than the general market.” Forester says that podcasts are also a good genre for auto advertising. He says, “The multi-media analysis by The Media Audit revealed podcasts captured the interest of 30.1% of adults 18+ planning to buy a new vehicle in the next 12 months… 53% higher than the general market. Audio streaming does well at 22.7%… 16% higher than the general market” Forester concludes, “Automotive advertisers have a tremendous opportunity to leverage radio’s ability to connect with ready-to-buy consumers. Our data shows that radio not only drives awareness but also inspires action, making it an essential part of any automotive advertising strategy.”
election for the seat held by Republican Joe Borelli who is leaving his post to work as a lobbyist. Borelli would have to leave the Council at the end of this term in December due to term limits. Morano tells the Post he’s running because “he’s watched too many friends and family members leave the Big Apple over ‘woke policies’ driving up crime and costs and owes it to his three-year-old son Carmine to ‘fight.’” Morano could remain with WABC hosting his syndicated show while running but the show would have to be blacked out in the New York market because of campaign regulations. 
Don McLean recalls the newspaper headline on February 3, 1959: “Three Rock’n’roll Stars Killed in Plane Crash.” He says, “I cried,” telling AARP Magazine that, years later, “I had my tape machine on, and this song just came out of me: ‘A long, long time ago, I can still remember how that music used to make me smile…’”