The most discussed stories yesterday (10/20) on news/talk radio and related talk media according to TALKERS research:
The most discussed stories over the weekend on news/talk radio and related talk media according to TALKERS research:
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
Every talk host knows the move: play the clip. It might be a moment from late-night TV, a political ad, or a viral post that sets the table for the segment. It’s how commentary comes alive – listeners hear it, react to it, and stay tuned for your take.
That simple act is powered by a fragile piece of legal machinery known as the Fair Use Balancing Act. Without it, half of talk radio, podcasting, and online news/talk commentary wouldn’t exist. Fair Use allows creators to quote, parody, or critique copyrighted material without permission – but only when the new use transforms the old. It’s the backbone of what we now call “react” or “remix” culture.
Fair use isn’t a license; it’s a defense. When you rely on it, you admit you used someone else’s work and trust that a judge will see your purpose – criticism, news, education – as transformative. That’s a high-wire act few think about when the mic is hot.
The doctrine works on a sliding scale: courts weigh four factors – purpose, nature, amount, and market effect. In plain English, they ask, Did you change the meaning? Did you take too much? Did you cost the owner money? There are neither checklists nor guarantees.
That flexibility is what makes American media vibrant – and also what keeps lawyers busy. Each decision takes time, context, and money. The price of creative freedom is uncertainty.
The same logic now drives the debate over AI training and voice cloning. Machines don’t “comment” on your broadcast; they absorb it. And if courts treat that as transformative analysis instead of reproduction, the next generation of “hosts” may not need microphones at all.
For broadcasters, that’s the new frontier: your archives, tone, and phrasing are training data. Once ingested, they can be repurposed, remixed, and re-voiced without violating traditional copyright rules. The Fair Use Balancing Act may protect innovation – but it rarely protects the innovator.
Fair use was designed to keep culture evolving, not to leave creators behind. It balances a creator’s right to profit against society’s right to build upon shared work. But balance only works if both sides know the weight they’re carrying.
Every time you play the clip, remember you’re exercising one of the oldest and most essential freedoms in media. Just make sure the next voice that plays you is doing the same thing – for the right reasons, and under the same rules.
Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonMediaLaw.com
Here are the most talked about stories of the past week (10/13-17) on news/talk radio and related talk media according to TALKERS:
Stories
People
To see the full TALKERS Stories, Topics, and People Charts, please click HERE.
The most discussed stories yesterday (10/15) on news/talk radio and related talk media according to TALKERS research:
The most discussed stories yesterday (10/14) on news/talk radio and related talk media according to TALKERS research:
The most discussed stories yesterday (10/13) on news/talk radio and related talk media according to TALKERS research:
The most discussed stories over the weekend on news/talk radio and related talk media according to TALKERS research:
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
When we first covered this case, it felt like only 2024 could invent it – a disgraced congressman, George Santos, selling Cameos and a late-night host, Jimmy Kimmel, buying them under fake names to make a point about truth and ego. A year later, the Second Circuit turned that punchline into precedent. (Read story here: https://talkers.com/2024/12/19/jimmy-kimmels-fair-use-victory-what-it-means-for-content-creators/)
And just to clear the record: this has nothing to do with Jimmy Kimmel’s unrelated dust-up with FCC Commissioner Brendan Carr. Different story, different planet. This one’s about copyright and commentary – and it’s a clear win for both.
The Set-Up
After his expulsion from Congress, George Santos began offering paid video shout-outs on Cameo. Kimmel’s writers sent absurd requests under pseudonyms for a segment called “Will Santos Say It?” – and he did. The show aired those clips to highlight how easily a public figure would say anything for a fee.
(If you want a taste, look up “Jimmy Kimmel Pranks George Santos on Cameo” on YouTube. That’s the kind of transformative satire the court later called “sarcastic criticism and commentary.”)
Santos sued Kimmel, ABC, and Disney for copyright infringement, fraud, and breach of contract, claiming the videos were sold for “personal use.” The district court tossed it; Santos appealed.
The Ruling
On September 15, 2025, the Second Circuit unanimously affirmed the dismissal. The panel said Kimmel’s use was transformative: he turned Santos’s self-promotion into political satire. Even Santos’s complaint described the bit as sarcastic commentary.
Claims of “market harm” fell flat. Airing a few clips on network TV doesn’t compete with Cameo. Embarrassment isn’t economic loss.
And the supposed bad faith – using fake names to order the clips – didn’t undo fair use. The court stuck to the statutory factors: purpose, nature, amount, and effect. Mischief isn’t a fifth one.
The rest of the claims – fraud, contract, enrichment – stayed dismissed as pre-empted or too thin to matter.
Why It Matters
This decision lands as courts wrestle with whether AI’s use of copyrighted works can ever be “transformative.” Santos v. Kimmel shows what that word really means: a human taking existing material and using it to say something new.
Fair use protects meaning, not mimicry. That’s why satire, commentary, and criticism still stand when they have a point.
For media creators, the lesson is simple: transformation beats permission. If you use third-party material, make sure you’re adding perspective – not just recycling content. That, more than any fine print, is what keeps you on the right side of the line.
Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonMediaLaw.com or read more at TALKERS.com.
Here are the most talked about stories of the past week (10/6-10) on news/talk radio and related talk media according to TALKERS:
Stories
People
To see the full TALKERS Stories, Topics, and People Charts, please click HERE.
The most discussed stories yesterday (10/8) on news/talk radio and related talk media according to TALKERS research:
The most discussed stories yesterday (10/7) on news/talk radio and related talk media according to TALKERS research:
The most discussed stories yesterday (10/6) on news/talk radio and related talk media according to TALKERS research:
The most discussed stories over the weekend on news/talk radio and related talk media according to TALKERS research:
Here are the most talked about stories of the past week (9/29-10/3) on news/talk radio and related talk media according to TALKERS:
Stories
People
To see the full TALKERS Stories, Topics, and People Charts, please click HERE.
The most discussed stories yesterday (10/1) on news/talk radio and related talk media according to TALKERS research:
The most discussed stories yesterday (9/30) on news/talk radio and related talk media according to TALKERS research:
1. Government Shutdown
2. Hegseth & Trump Address Military Brass
3. TrumpRx
4. Antoni Nomination Pulled
5. Guard Deployment to Portland
The most discussed stories yesterday (9/29) on news/talk radio and related talk media according to TALKERS research:
1. Government Shutdown Deadline
2. Trump’s Gaza Peace Plan
3. Trump-Hegseth’s Generals & Admirals Meeting
4. Michigan Church Massacre Aftermath
5. ICE Raids / National Guard to Memphis
The most discussed stories over the weekend on news/talk radio and related talk media according to TALKERS research:
1. Looming Government Shutdown
2. Deadly Michigan Church Attack
3. National Guard to Portland Battle
4. Comey Indictment
5. Russia Attack on Kyiv
For the sixth year in a row, the readers of The Richmond Times-Dispatch overwhelmingly voted
“The Jeff Katz Show” the Best Afternoon Radio Show in Central Virginia. Jeff Katz is now in his 13th year as the afternoon drive host at WRVA. Katz has been named one of the 100 Most Important Talk Radio Hosts in America by TALKERS numerous times. He is also a past recipient of the Humanitarian of Year award from TALKERS.
Here are the most talked about stories of the past week (9/22-26) on news/talk radio and related talk media according to TALKERS:
Stories
1. Government Shutdown Battle / Firing Threats
2. The Economy / Positive Growth Report
3. ICE Facility Shooting
4. Comey Indicted
5. Trump UN Address
6. Trump vs Kimmel / Kirk Slaying Aftermath
7. Tylenol-Autism Debate
8. SCOTUS OKs Trump FTC Firing
9. Gaza War / Russia-Ukraine War
10.Dem Wins AZ House Seat
People
1. Donald Trump
2. Chuck Schumer / Hakeem Jeffries
3. James Comey / Pam Bondi
4. Greg Abbott
5. Jimmy Kimmel
6. Charlie Kirk / Erika Kirk
7. RFK Jr.
8. Rebecca Kelly Slaughter
9. Benjamin Netanyahu / Vladimir Putin
10. Adelita Grijalva
To see the full TALKERS Stories, Topics, and People Charts, please click HERE.
The most discussed stories yesterday (9/24) on news/talk radio and related talk media according to TALKERS research:
The most discussed stories yesterday (9/23) on news/talk radio and related talk media according to TALKERS research:
The most discussed stories yesterday (9/22) on news/talk radio and related talk media according to TALKERS research:
The most discussed stories over the weekend on news/talk radio and related talk media according to TALKERS research:
1. Charlie Kirk Memorial
2. The Economy / Fed Rate Cut / Record Dow
3. Kimmel Cancelled / Disney-FCC Controversy
4. Homan Investigation Revealed
5. Canada, UK & Australia Recognize Palestine
Here are the most talked about stories of the past week (9/15-19) on news/talk radio and related talk media according to TALKERS:
Stories
1. Kirk Slaying Aftermath / Public Figure Safety Fears
2. ABC Suspends Kimmel / First Amendment Issues
3. The Economy / Fed Rate Cut
4. Trump Visits UK
5. Israel’s Gaza City Takeover
6. Trump Sues NYTimes
7. ICE Raids / Guard to Memphis
8. Russian Incursion into NATO Airspace
9. Lisa Cook Case
10.Robert Redford Dies
People
1. Donald Trump
2. Charlie Kirk
3. Pam Bondi / Stephen Miller / JD Vance
4. Jimmy Kimmel
5. Barack Obama
6. Jerome Powell
7. Benjamin Netanyahu
8. Vladimir Putin
9. Lisa Cook
10. Robert Redford
To see the full TALKERS Stories, Topics, and People Charts, please click HERE.
The most discussed stories yesterday (9/17) on news/talk radio and related talk media according to TALKERS research:
1. ABC Suspends Kimmel Show
2. Politicians’ & Media Personalities’ Safety Fears
3. Fed Cuts Interest Rates by a Quarter Percent
4. Trump Visits the UK
5. Israel’s Gaza City Takeover
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
Charlie Kirk’s tragic assassination shook the talk radio world. Emotions were raw, and broadcasters across the spectrum tried to capture that moment for their audiences. Charles Heller of KVOI in Tucson shared in these pages yesterday (9/16) how he, in that haze of grief, played what he thought were tribute songs by Ed Sheeran and Adele. Only later did he realize they were AI-generated.
Heller deserves credit for admitting his mistake. Many would have quietly moved on, but he turned the incident into a public reflection on accuracy and the challenges of this new AI age. That honesty does not weaken him – it underscores his credibility. Audiences trust the host who owns a mistake more than the one who hides it. In this business, candor is currency.
Still, the programmer in me sees an on-air opportunity. Imagine a segment called “AI or Authentic?” – play generated songs alongside real ones and invite the audience to decide. It could be informative and fun: interactive, funny, and a perfect spotlight on the very problem that fooled him. I’m sure there are folks out there who have already done this.
Here’s where the lawyer in me speaks up. Falling for a convincing fake is a mistake, not malice. For public figures like Adele or Sheeran, defamation requires proof that a host knew something was false or acted recklessly. A one-off error doesn’t reach that bar.
But liability doesn’t end there. Misattribution can raise right-of-publicity concerns. Saying Adele recorded a song she didn’t isn’t defamatory – but it can still be an unauthorized use of her persona. Intent doesn’t always matter. The safer route is clear labeling: “This may be AI.”
For those of us behind the glass, the lesson is simple: mistakes happen. But doubling down without context? That’s how little errors become legal problems. The law is forgiving of a slip in judgment. It is less forgiving if the same content is repackaged as fact without transparency.
Heller’s story isn’t embarrassing – it’s instructive. In the AI era, every broadcaster faces the same challenge: how to verify what feels authentic. The answer isn’t to shy away from the technology. It’s to make sure you control the punchline – not the algorithm.
Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonMediaLaw.com or read more at staging.talkers.com/.
The most discussed stories yesterday (9/16) on news/talk radio and related talk media according to TALKERS research:
1. Kirk Slaying Aftermath / Patel Testimony
2. The Economy / Tariffs / Fed Rate Cut
3. Trump Sues NYTimes
4. Trump UK Trip
5. Robert Redford Dies
The most discussed stories yesterday (9/15) on news/talk radio and related talk media according to TALKERS research:
1. Kirk Slaying Aftermath / Vance Threaten Left-Wing Organizations
2. ICE Raids / Guard to Memphis
3. The Economy / Tariffs / Fed Rate Cut
4. Israel Begins Gaza City Takeover
5. U.S. Hits Venezuelan Drug Boat
The most discussed stories over the weekend on news/talk radio and related talk media according to TALKERS research:
1. Kirk Slaying Aftermath
2. The Economy / Tariffs / Fed Rate Cut
3. Russia Incursions into NATO Airspace
4. ICE Raids / Guard to Memphis
5. The Emmy Awards
Here are the most talked about stories of the past week (9/8-12) on news/talk radio and related talk media according to TALKERS:
Stories
1. Charlie Kirk Assassination
2. ICE Raids / Guard to Chicago Threats
3. SCOTUS ICE Ruling
4. The Epstein Files
5. The Economy
6. Lisa Cook Ruling
7. GA Hyundai Plant Raid / U.S.-South Korea Relations
8. Poland Intercepts Russian Drones
9. Israel Attacks Hamas in Qatar
10.France’s Government Implodes
People
1. Donald Trump
2. Charlie Kirk
3. JB Pritzker / Brandon Johnson
4. Jeffrey Epstein
5. Scott Bessent
6. Jerome Powell / Lisa Cook
7. Lee Jae Myung
8. Vladimir Putin
9. Benjamin Netanyahu
10.Emmanuel Macron
To see the full TALKERS Stories, Topics, and People Charts, please click HERE.