Articles

Media law analysis for creators, broadcasters, publishers, and brands.

The Algorithm Is Listening

Radio once measured the audience. Now digital platforms use audience behavior to decide what gets distributed next.

The Advertiser Gave Us an AI Commercial… Isn’t That Enough?

Synthetic audio can turn one advertising clearance problem into two: copyright infringement and unauthorized commercial use of a recognizable identity.

Who Gets to Decide If and Why a Guest Is Newsworthy?

What the FCC equal opportunities rule and bona fide news interview exemption mean for broadcasters booking political candidates—and why editorial judgment matters.

The Most Valuable Commodity AI Can’t Generate

Artificial intelligence is multiplying creative output. Authenticity, experience, judgment, and audience trust are what make a creator’s work valuable.

The Advertiser Gave It to Me. Isn’t That Enough?

When advertisers supply ready-made or AI-generated commercials, broadcasters and creators still need to verify copyright permissions and commercial-use rights.

When Your Voice Becomes the Product

For years, Harrison Legal Group has informed media creators about the legal risks of using copyrighted clips, songs, images, and broadcasts without permission. The issue became central enough to inspire my book, Playing the…

Creators, Commentators, or Publishers: Liability Remains the Same

The rise of independent, talk show-style political commentary on YouTube has created a new class of media actors who do not see themselves as broadcasters, journalists, or publishers. They see themselves as creators. That…

Reckless Disregard in the Age of AI: What Verification Now Requires

AI is now embedded in the modern newsroom. Not as a headline, not as a novelty, but as infrastructure. It drafts outlines, summarizes complex reporting, surfaces background details, and accelerates prep for live conversations.…

If the Bot Lies, Who Pays?

A reporter recently asked a clean question with sharp edges: “Who is responsible when an AI defames someone?” It sounds futuristic. It isn’t. It’s a standard defamation analysis dressed in new technology. The most…

You Are the Asset — Why Protecting Your Voice and Likeness Is No Longer Optional

For years, “protect your name and likeness” sounded like lawyer advice in search of a problem. Abstract. Defensive. Something for movie stars, athletes, and people with endorsement deals. That era is over. Today, your…

a 20th Century Rulebook officiating a 2026 game

Editor’s Update — August 2026: This article discusses the 2025 federal AI-training decisions in Bartz v. Anthropic and Kadrey v. Meta. The fair-use rulings concerning AI training remain significant, but the separate piracy/library claims…

Navigating the Deepfake Dilemma in the Age of AI Impersonation

The Problem Is No Longer Spotting a Joke. The Problem Is Spotting Reality Every seasoned broadcaster or media creator has a radar for nonsense. You have spent years vetting sources, confirming facts, and throwing…

Why Play the Clip Still Matters

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…

When Satire Stands it’s Ground

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…

When Borrowed Becomes Stolen – The Fair Use Line for Talk Hosts and Podcasters

Jimmy Kimmel’s first monologue back after the recent suspension had the audience laughing and gasping, and, in the hands of countless radio hosts and podcasters, replaying. Within hours, clips of his bit weren’t just…

When AI Fools the Host – Mistake missed opportunity or legal minefield

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…

Are your AI Logos actually Kryptonite?

Superman just flew into court – not against Lex Luthor, but against Midjourney. Warner Bros. Discovery is suing the AI platform, accusing it of stealing the studio’s crown jewels: Superman, Batman, Wonder Woman, Scooby-Doo,…

Fair Use in 2025 – the courts draw new lines

Editor’s Update — August 2026: The 2025 fair-use rulings discussed below remain important, but the Bartz v. Anthropic litigation later developed substantially. The court treated fair use for AI training separately from the acquisition…

When sharing becomes stealing

Ninety seconds. That’s all it took. One of the interviews on the TALKERS Media Channel – shot, edited, and published by us – appeared elsewhere online, chopped into jumpy cuts, overlaid with AI-generated video…

Could Your Own Podcast Become Your AI Competitor?

Imagine a listener “talking” to an AI version of you – trained entirely on your old episodes. The bot knows your cadence, your phrases, even your voice. It sounds like you, but it isn’t…

Who Said That? A Practical Guide to Voice Imitation Risk

Artificial intelligence now makes it possible to replicate a human voice with striking accuracy. For broadcasters, podcasters, and content creators, the central question is: When does using or imitating a voice become a legal…

When the Library Talks Back

Imagine SiriusXM acquires the complete Howard Stern archive – every show, interview, and on-air moment. Months later, it debuts “Howard Stern: The AI Sessions,” a series of new segments created with artificial intelligence trained…

They say you infringed but do they even own the rights?

You did everything right – or so you thought. You used a short clip, added commentary, or reshared something everyone else was already posting. Then one day, a notice shows up in your inbox.…

Just because you found it online does not mean you can use

A New Jersey radio station thought they were just being clever online. They scanned a photo from New Jersey Monthly, cropped out the photographer’s credit line, and posted it on Facebook – inviting listeners…

When One Clip Cuts Two Ways: How Copyright and Defamation Risks Collide

A radio (or video podcast) host grabs a viral clip, tosses in some sharp commentary, and shares it online. The goal? Make some noise. The result? A takedown notice for copyright infringement – and…

The Soundbite Trap: How Editing in Radio and Podcasting Creates Legal Risk

In radio and podcasting, editing isn’t just technical – it shapes narratives and influences audiences. Whether trimming dead air, tightening a guest’s comment, or pulling a clip for social media, every cut leaves an…

You Cut for Time. They Cut You a Lawsuit.

Let’s discuss how CBS’s $16 million settlement became a warning shot for every talk host, editor, and content creator with a mic. When CBS settled a lawsuit with Donald Trump for $16 million over…

Jimmy Kimmel’s Fair Use Victory: What It Means for Content Creators

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…

Neutraliars: The Platforms That Edit Like Publishers but Hide Behind Neutrality

In the golden age of broadcasting, the rules were clear. If you edited the message, you owned the consequences. That was the tradeoff for editorial control. But today’s digital platforms – YouTube, X, TikTok,…

Is That Even Legal? Talk Radio in the Age of Deepfake Voices: Where Fair Use Ends and the Law Steps In

In early 2024, voters in New Hampshire got strange robocalls. The voice sounded just like President Joe Biden, telling people not to vote in the primary. But it wasn’t him. It was an AI…

Smoke and Mirrors: Fair Use Lessons from Pop Smoke and Bruno Mars

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’…

Fair Use or Foul Play? Lessons from “Equals Three”

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…

Fair Game, Not Free Game: Navigating the Limits of Fair Use

In 2016, YouTubers Ethan and Hila Klein of H3h3 Productions were sued by Matt Hosseinzadeh for copyright infringement after they used portions of his video in their reaction content. The court ruled in their…

Matthew B. Harrison Holds Court Over Section 230 Explanation for Law Students at 1st Circuit Court of Appeals in Boston

As an attorney with extensive front-line expertise in media law, TALKERS associate publisher and Harrison Legal Group founder Matthew B. Harrison (pictured at right on the bench), was selected to hold court as “acting”…