Jimmy Kimmel’s Fair Use Victory: What It Means for Content Creators
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
In a recent high-profile case, late-night host Jimmy Kimmel successfully defended himself against a copyright infringement lawsuit brought by former congressman George Santos. The case, which centered on Kimmel’s use of prank videos involving Santos, highlights the ongoing importance of fair use protections for media creators, broadcasters, and digital content producers.
The dispute began when Kimmel used clips of prank videos that featured Santos as part of his comedic commentary on the “Jimmy Kimmel Live!” program. Santos alleged that Kimmel’s use of the videos constituted copyright infringement and sought damages, claiming unauthorized use of his content. However, the court ruled in favor of Kimmel, citing fair use as the primary defense. The judge noted that Kimmel’s use of the videos fell under fair use because it was transformative, used for commentary and criticism, and did not replace the original work’s market value.
This ruling has significant implications for media content creators. Fair use is a cornerstone of U.S. copyright law, allowing limited use of copyrighted material without permission for purposes such as commentary, criticism, news reporting, education, and parody. For broadcasters, YouTubers, podcasters, and other digital content creators, the Kimmel decision reaffirms that transformative use – where the original material is repurposed to add new meaning or context – is often protected under fair use.
The court’s emphasis on commentary and criticism is particularly relevant for creators who rely on existing media to produce content. For example, reaction videos, parodies, and satirical takes are common formats in digital media. The Kimmel case serves as a reminder that using copyrighted material to engage in meaningful critique or humor can fall squarely within fair use, provided the new work adds value and does not simply replicate the original.
However, this case also underscores the importance of understanding the boundaries of fair use. Creators should ensure their work meets key criteria: transformation of the original content, limited use, and a lack of negative impact on the original work’s market. While Kimmel’s team successfully navigated these elements, creators without the resources of a major broadcaster may face challenges if their work is contested.
Ultimately, Kimmel’s fair use victory is a win for free expression and creativity in media. It reinforces the ability of content creators to engage with and critique cultural moments without fear of legal repercussions, as long as their use aligns with fair use principles. For media creators navigating the digital landscape, this case provides both a legal precedent and a valuable lesson in the power of transformative 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
The webinar offered up to five years of trending data and new findings about Latino podcast listeners as well as video interviews of podcast creators discussing how they’ve utilized the studies throughout the years. According to the study, 43% of U.S. Latinos age 18+ are monthly podcast listeners, a 72% increase since 2020 (25%).
with their insights into how audio marketing spending will evolve, how YouTube is impacting the podcasting industry, the growth of contextual targeting tools, and more for the coming year:
These tools will not only proactively guide brands on optimal content alignment but also streamline ad buying processes through automation and data-driven insights, reducing the need for extensive manual intervention. This approach will power precise content targeting and scale reach effectively, all while ensuring brand messages align seamlessly with the right contexts and audiences.
Digital audio marketing spend worldwide will increase 10% next year, in part due to key drivers including the rise of contextual targeting, allowing advertisers to immerse their message within relevant content, and utilizing the growing versatility of dynamic audio insertion to make scaling campaigns more efficient. Additionally, the rapid growth of influencer marketing on TikTok and X is cooling, with marketers increasing spend on podcasts where creators can cultivate more meaningful audience connections. This growth in audio spending will heighten the insistence for transparency as advertisers demand greater visibility into performance metrics and content alignment to ensure trust and accountability. This convergence will solidify audio’s position as a successful channel for integrated marketing strategies worldwide.
While podcasting will remain fundamentally audio-first, driven by convenience and flexibility, consumers now have more options for how they discover and consume content. YouTube is bringing in new, first-time podcast consumers with a different audience profile. In some cases, they are watching shorter length content or on additional devices other than mobile. Informed by insights about their audience, publishers and creators will be able to deliver an engaged experience across listening platforms and devices, and grow reach.
More specifically, the focus will be on enabling humans to automate tasks so they can focus on strategy. AI will be leveraged to drive more effective and efficient spending, including helping achieve yield for publishers and meaningful campaign outcomes for advertisers, as well as content analysis and audience insights. This tech shift will put a bigger emphasis on having robust data-backed insights on audiences, content, and campaign performance.
This approach will be particularly transformative for long-tail podcasters and creators with smaller followings, offering a sustainable revenue stream that can be both a growth and retention strategy. For creators with niche audiences, subscriptions provide a viable alternative to ads and ensure the lion’s share of the revenue goes directly to the creator. As platforms invest more in these tools, creators will be able to engage directly with their subscribers through integrated communication features and eliminate the need for third-party tools. This evolution promises to empower indie creators by streamlining their workflows and enhancing their ability to cultivate loyal audiences.
As advertisers prioritize accurate audience engagement, the shift toward contextual targeting is gaining significant traction. This trend is expected to drive more ad dollars into solutions that deliver measurable results. Innovative technology that amplifies the ability to connect with highly specific audiences at scale and helps meet advertisers’ evolving expectations will win. For publishers, this surge in demand for targeted ad placements unlocks exciting opportunities to expand inventory and enhance reach through strategic partnerships within digital audio networks.
Audacy has extended the contract of talk show host Steve Sanchez for another year through 2025. Sanchez is heard weekdays 3:00 pm – 6:00 pm and hosts a “carefully curated best-of” program Sundays 7:00 pm – 10:00 pm. 
Sanchez was recently featured on Soledad O’ Brien‘s documentary with Scripps Media regarding Latinos in talk radio and how they were swaying the election in the swing state of Nevada (“In Real Life: War on La Radio). Sanchez says, “It is a thrill to be dominating my daypart in format and I feel my audience growing exponentially right now. It’s a pleasure serving the Las Vegas market with the legendary station KDWN.” Sanchez has been named one of the 100 Most Important Radio Talk Show Hosts in America with his inclusion in the TALKERS 2022 Talkers Heavy Hundred. In 2020, this rising talk radio star was named #25 of the top 30 influencers in Las Vegas by LV magazine.
“The Jim Rome Show” – nicknamed “The Jungle” – will be moving to the 3:00 pm to 6:00 pm ET slot and be independently syndicated by Westwood One. Rome hinted at the news when he teased a big show announcement for Monday in a post on X over the weekend. Infinity is a partnership between Audacy and Westwood One. Rich Eisen’s show can also be found on Roku and every relevant podcast platform,
with highlights additionally posted on YouTube and through a Yahoo Sports portal. Eisen was previously a part of iHeart’s Fox Sports Radio lineup, and since exiting that network in 2020 he’s been syndicated by Westwood One.The rest of the Infinity lineup includes shows hosted by Maggie Gray and Andrew Perloff, Bill Reiter and Zach Gelb. To read the entire New York Post story, please click 
Progressive talk radio legend Stephanie Miller and her long-running, successful live review, “The Sexy Liberal Show,” have booked an upcoming appearance on Saturday, January 18, 2025, at the historic Warner Theater in Washington, DC. In addition to Miller, the program features regulars, John Fugelsang, Hal Sparks, and Frangela (Francis Callier and Angela V. Shelton). The show’s producers tell TALKERS, this evolving live road show gives Miller fans (“Steph Heads”) the opportunity “to rally the resistance, laugh through the chaos, and gear up for the fight ahead.” As is customary, the show will also feature soon-to-be-announced special guests. For those who cannot make it in person to the show, it will be available via pay-per-view. For more information, please click 
The free 3-hour, 1-hour, 25- and 30-minute radio specials are hosted by long-time WMAL, Washington, DC 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. This program is appropriate for the entire Christmas, Hanukkah and New Year season and is a fitting and inspirational holiday programming alternative for all formats. The show features interviews with wounded warriors and veterans including heroes from Operation Enduring Freedom, the Vietnam War and an incredible, emotional story of one of America’s World War II living legends. Listeners will hear their stories fighting for our freedoms, the injuries and illnesses they endured. and the welcoming homes Fisher House provides for them and their loved ones while they go through their painful and painstaking recoveries. Fisher House Foundation provides a home away from home for families of patients receiving medical care at major military and VA medical centers. For more information on this radio special, available cash and barter free, contact TALKERS Heavy Hundred member Larry O’Connor at 562-665-9537 or 
Las Vegas-based, nationally syndicated (TMN) talk radio star, Daliah Wachs, M.D. continues her philanthropic ways. Each year, Opportunity Village holds its Magical Forest event in Southern Nevada that runs from Thanksgiving through the New Year. Opportunity Village helps those with intellectual disabilities and their families through enrichment, empowerment, and employment programs and services. Sponsors decorate a tree that comprises a huge beautiful magical forest, one of their largest fundraisers to fund their programs and employment placement. Wachs (pictured above with her “medical tree”) tells TALKERS, “It’s super cool and our show has helped support their mission for years. We create a medical tree with an EKG sign and it’s one of our favorite local charities we support.” Wachs is a member of the TALKERS Heavy Hundred and a past recipient of the TALKERS Humanitarian of the Year award.
Atlanta Sports Hall of Famer and Georgia Radio Hall of Famer Steve Holman, also known as the Voice of the Hawks, is in his 40th season and has never missed a Hawks’ regular season or playoff radio broadcast. Holman has totaled more than 3,000 consecutive games. Joining him on the broadcast is station brand manager Mike Conti, who has been with the Hawks Radio Network as a pregame, halftime and postgame host, and as a game commentator, since 2014. “We’ve taken great pride in seeing the growth and success of Sports Radio 92.9 The Game as the flagship station of the Atlanta Hawks Radio Network since its inception,” said Hawks’ president of business enterprise and chief commercial officer Andrew Saltzman. “We are excited that our growing fanbase will continue to enjoy Hawks basketball game coverage on The Game along with compelling sports talk every day from their line-up with the most talented hosts in the business.” “We are proud to continue our long-standing relationship with the Atlanta Hawks,” said Rick Caffey, SVP/MM of Audacy Atlanta. “With our partnership now in its second decade, we look forward to continuing our comprehensive Hawks coverage on Sports Radio 92.9 The Game, V103, and worldwide on the Audacy app.”
The remarkable ratings rise, and buzz being created by Walter M Sterling‘s “Sterling Every Damn Night” (10:00 pm – 1:00 am) on Audacy’s WPHT, Philadelphia is worthy of the entire talk radio industry’s attention. When he started in May, the time period was 18th with a 2.8 Total Adults in Nielsen. In his first month and first hour, the show got a 7.2, # 4. Now the November numbers are a 9.2, total adults, number 2 in Philadelphia. This is AM only. No FM. All this reflects over the air listenership, no stream numbers included. And to the best of our knowledge, there has been no marketing campaign attached to the success. It’s been organic. Sterling (A.K.A. legendary consultant Walter Sabo) has taken quite an original approach to news/talk radio in performing the show – mixing a blend of old-time radio sounders and techniques with idiosyncratic, unexpected takes on everyday topics that impact people’s daily lives. He is clever, funny, surprising and extremely irreverant… And it’s working big time. A word to the wise: check it out. Don’t let this spark go unfanned.
Noted real estate industry figure and radio personality Suzanne Miller, the founder of Empire State Properties and host of “The Miller Report,” was honored last night (12/11) in a dazzling awards party featuring speakers, food, music, and dancing in the Manhattan offices and studios of WABC Radio. The event brought together New York media luminaries, and close friends of Miller for a night, in a packed room, celebrating not only her accomplishments but the resilience and vibrancy of the city she loves.
Kylie Kelce, wife of former Philadelpia Eagles star Jason Kelce, sister-in-law of Kansas City Chiefs star (and Taylor Swift boyfriend) Travis Kelce, mother of three (with a fourth on the way), and Dunkin’ Donuts enthusiast, can add another descriptor to that incomplete list: No. 1 podcast host. Wickman writes, “I suspect Rogan will be back in first place soon, but for now, this ranking reinforces the Kelce family’s cultural dominance. (‘If everyone’s going to be talking about me and my family, you might as well hear it from me,’ she says in the show trailer.)” Kelce’s husband Jason and brother-in-law Travis host the popular “New Heights” podcast. The inaugural episode of “Not Gonna Lie,” featuring “It’s Always Sunny In Philadelphia” star Kaitlin Olson as a guest, was published on December 5, with new episodes planned to drop each Thursday. To read Wickman’s entire VF piece, please click 
Michael Harrison describes WISN as “one of talk radio’s pound-for-pound ratings champions.” The new programming lineup features well-known, highly rated show hosts who have decades of broadcasting experience and achievement in the Milwaukee market. “WISN is one of the great success stories in the radio industry over the past decade, in terms of both ratings and overall influence,” said Jeff Tyler, area president for HeartMedia Wisconsin. “We are confident that this latest evolution of WISN’s powerful lineup will meet and exceed the expectations of our listeners and our sponsors.”
The Cumulus Media | Westwood One Audio Active Group® conducted an analysis of six recent quarterly studies spanning Spring 2023 to Fall 2024.
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