TALKERS Legal Series on Fair Use (Part 4): The Amount and Substantiality Factor
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
With the growing popularity of talk media programs utilizing segments of other shows as key elements of scrutiny and commentary in their programming (“Clip Jockey Format” as coined by Michael Harrison), it is important that media content creators be aware of the subtle and often ambiguous rules applying to the legal aspects of this practice under the heading of fair use.
This is the fourth installment of a multi-part TALKERS Legal Series on Fair Use for the Media Creator. The first installment is here. The second installment is here. The third installment is here.
The “amount and substantiality” factor in fair use focuses on how much of the copyrighted material is used and whether that portion is essential to the original work. Despite seeming obvious, this factor can be nuanced, and determining how much use is fair can be challenging because it’s not just about the quantity but also about the significance of the portion used.
Is It Difficult to Distinguish?
In many cases, it’s not always obvious what qualifies as a “small” or “insignificant” portion. Courts often consider both the quantity, and the quality of the material used:
• Quantity: This factor asks if only a small part of the work has been used. Using a shorter clip from a video or a few sentences from a book could be more justifiable as fair use. But what qualifies as “small” can vary depending on the work—10 seconds from a short film may be seen differently from 10 seconds in a longer documentary.
• Quality: Even if a creator only uses a small part of the original work, using its “heart” or most memorable part might still count as substantial. For example, a few lines from a song’s chorus, though short, could be considered significant enough to impact fair use status.
Example Cases Highlighting Amount and Substantiality
To better understand this, it’s useful to look at cases that illustrate when the amount used was deemed fair or not:
• Harper & Row v. Nation Enterprises (1985): This case involved a magazine that used a few hundred words from an unpublished memoir by President Gerald Ford. Although this was a small percentage of the memoir, the excerpt contained key insights into Ford’s decision to pardon Nixon. The court held that this use was not fair because it included the most “substantial” and critical part of the memoir, even though the total percentage of text used was minimal.
• Campbell v. Acuff-Rose Music, Inc. (1994): Here, the hip-hop group 2 Live Crew used portions of Roy Orbison’s song “Oh, Pretty Woman” to create a parody. Even though the song’s recognizable parts were used, the new work was transformative in its purpose (a parody rather than a love song). Because the group’s use was a small part relative to the song’s total content and had a new purpose, the court found it was fair use.
Many books and law school classes have been devoted to this question – so let’s focus on Application in Media and Broadcasting
In radio and broadcasting, this factor is often relevant when using clips, songs, or interview segments from other sources. Using a small clip to support commentary or criticism is more likely to be considered fair use, especially if it does not contain the “heart” of the original work:
• Commentary on a Speech: If a talk show uses a brief part of a public figure’s speech to critique it, the fair use factor may weigh in favor of the radio station if it doesn’t take the most memorable segment.
• Use of Music in Shows: Music clips used for thematic transitions or commentary must be kept brief, as lengthy or highly recognizable parts can affect fair use status. Playing just a few bars might qualify, but a chorus or instrumental hook would likely cross the line. This is less of a mine field in traditional broadcast radio as existing license agreements, such as with ASCAP or BMI, may allow for such uses anyway. However, when focusing on the internet – it’s a completely different matter as no licenses have been formally given, yet there is an incentive for the copyright holder to have their work shared. It’s not cut and dry – which is why the following takeaways should be helpful when navigating forward.
Key Takeaways for Media Creators
• Use Minimal Amounts: The less you use, the more defensible your case for fair use, especially if you avoid the most recognizable parts.
• Avoid the “Heart” of the Work: Select portions that serve your purpose without including critical or memorable parts of the original material.
• Transformative Purpose Matters: If the use adds new meaning or serves a different function (e.g., satire, critique), it’s more likely to be deemed fair, even if it includes some key elements.
Summary
Understanding how much of the work a media creator can use while staying within fair use guidelines can be tricky, as this factor requires balancing quantity and significance. Media creators should focus on minimal use that contributes meaningfully to commentary, criticism, or other transformative purposes.
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

One day last winter, Alison Stewart, the host of “All of It” on public station WNYC, New York was alarmed to find herself speaking gibberish.
Music Group Gunhill Road Putting Final Touches on Talk Radio Anthem. Gunhill Road, the perennial pop music ensemble that has attracted hundreds of thousands of worldwide followers with its growing repertoire of issue-oriented songs and music videos, is currently in post-production with an anthem celebrating talk radio. Titled “Don’t Stop Talkin’” – the song is an uplifting and infectiously catchy tune about the vital role talk radio plays in serving the cause of American freedom of speech. With lines that include “As long as you’ve got a voice, don’t ever stop!” and “As long as you’ve got the truth, don’t ever stop!” the original composition co-written by band members Steve Goldrich, Paul Reisch, Brian Koonin, and Michael Harrison encourages talk radio practitioners to keep up the good work and great service they provide the nation.TALKERS Heavy Hundred syndicated host Dr. Daliah Wachs pictured above bopping to the music in a scene from the forthcoming video “Don’t Stop Talkin'” by Gunhill Road.




Ideology and, as Michael Harrison calls it, “the daily dance of affirmation” aside – perhaps there’s something to be said about booking “opposition” political luminaries as guests on our industry’s highly “targeted” venues. FOX News Channel’s (FNC) “Special Report with Bret Baier” delivered 7.8 million viewers and 1,126,000 in the 25-54 demo during anchor Bret Baier’s exclusive interview with VP Kamala Harris from 6:00 pm – 6:30 pm ET this past Wednesday (10/6), according to Nielsen Media Research. The interview marked the highest rating of the Harris-Trump political season, outrating Harris’s individual appearances on “60 Minutes,” “The View,” “The Late Show with Stephen Colbert,” CNN and MSNBC. For the full 6:00 pm ET hour, “Special Report” drew 6.7 million viewers and 901,000 in the 25-54 demo. Combined with the show’s midnight airing 12:00 midnight -12:30 am ET, the interview with VP Harris nabbed 9.2 million viewers and 1.4 million in the 25-54 demo, beating ABC’s interview with President Joe Biden before he dropped out of the race (8.5 million viewers).
In this clip, he discusses the “next big topics” that will be discussed in talk radio and its associated forms of spoken word media. One of the many highlights of Harrison’s 48-minute keynote address was his observation that one of the next big things on the talk media menu is invariably something that is unknown or unexpected that comes out of the blue and literally changes the conversation. He pointed out that the U.S. Rep. Gary Condit (D-CA)/intern Chandra Levy murder mystery scandal was the biggest talk media story for weeks during the middle of 2001 – until the events of 9/11 completely wiped it off the talk shows in one fell swoop. Beyond that, Harrison discusses the growing national conversation role of such topics as societal anxiety, clean water, time management, privacy and technology’s assault on our humanity. To watch the brief clip on the TALKERS MEDIA YouTube channel, please
Keenan coached big time teams in the Soviet Union, Russia, Canada, China, the U.S. and more for over five decades! What does it take to be a leader in the competitive and often cutthroat world of major league professional sports? How have the generations of young athletes changed over this stretch of time? What is the state of sportsmanship in today’s culture? What is it like dealing with the media from a professional sports perspective? How is sports culture different around the world? How is gambling impacting sports? Is hockey enjoying healthy growth as both a sport and a business? These questions and more are tackled in an informative and universally interesting conversation between Harrison and Keenan. Keenan, considered one of hockey’s most controversial and intriguing figures, has just released an autobiography titled Iron Mike: My Life Behind the Bench (Randon House Canada, 2024).
TALKERS publisher Michael Harrison addressed a packed house of New Jersey political, civic, and business leaders at last Friday’s Hurley in the Morning Foundation Charity Dinner in Atlantic City (10/4) discussing the biological and sociological impact of modern era communications technology. In this clip, he discusses the potential influence of AI on the talk show host job market. One of the many highlights of Harrison’s 48-minute keynote address was his observation that it is very possible for robots powered by artificial intelligence to be able to hold multi-faceted on-air conversations with each other or with guests or callers by tapping into their ability to instantaneously access every talking point already out there in cyberspace – left, right, or center – and to present them with an endless array of voices and attitudes. To protect their jobs and future against this formidable competitor, Harrison advises talk show hosts to significantly “up their game” and operate with more originality outside the realm of hackneyed talking points. To see a brief clip of Harrison’s comments please
Storm specialist Mike Seidel is currently reporting from Madeira Beach, FL while correspondent Robert Ray is in Fort Myers Beach, FL. On Tuesday, Seidel will report from St. Petersburg, FL with Ray remaining in Fort Myers. FOX Weather will also deploy meteorologists Britta Merwin and Steve Bender to Sarasota, FL, Bob Van Dillen to Tampa Bay and Haley Meier to Daytona Beach, FL while meteorologists Michael Estime, Craig Herrera, Ari Sarsalari, Ian Oliver and Kiyana Lewis will anchor coverage from FOX Weather headquarters in New York. FOX Weather hurricane specialist Bryan Norcross will also provide continuous updates from New York. FOX Weather Digital will provide comprehensive coverage of Hurricane Milton, available 24/7 on FOXWeather.com and in the FOX Weather app, including the exclusive Hurricane HQ tab. FOX Weather Digital will include leading meteorological analysis, exclusive expertise from Norcross, coverage from all FOX Weather field resources and related content of every angle related to US impacts of the storm.
With its state-of-the-art technology capabilities that includes satellite and IP distribution and live sports production, the company is available to offer additional services to those in need. “At Skyview Networks, our top priority is the safety of our partners and the continuity of their operations,” Aaron Mellis, VP, business services, Skyview Networks tells TALKERS. “With Hurricane Milton approaching, our team is fully prepared and ready to step in with services to support our clients’ needs, ensuring they are met seamlessly.” For inquiries on extended services in preparation of Milton, please contact 

Like you, my guideposts come from innovators, leaders in our business. These are the words I “work” by every day that have led to consultant and host success.

Six members of the state’s broadcasting community were inducted including Betty-Jo Cugini of WERI/WRX Radio/WLNE-TV/WJAR-TV; Chris DiPaola of WBLQ-AM Radio (posthumously); Joe Hassett, color commentator Providence College Basketball; Dan Yorke of WPRO-AM Radio/WPRI-TV; Paul Zangari of WEAN-AM Radio/RI PBS/ WPRO-AM Radio; and Sean Daly, WLNE-TV/WPRI-TV. An emotional high-point of the ceremony took place when the late Chris DiPaola was inducted as the inaugural recipient of the Ron St. Pierre Radio Innovator Award – named after the late RI radio legend who passed away earlier this year. The award was accepted by DiPaola’s father and son. TALKERS publisher Michael Harrison attended the event, noting, “Last night’s beautiful gathering was a reminder that local radio and television are very much alive and well in Rhode Island. There were laughs, tears, pride, camaraderie, and an abundance of good vibes. It was inspirational!”


Remote News Service (RNS), a boutique news network providing hyper local, and custom news and traffic remotely, has added four new affiliates. These include station clusters in Wisconsin in both Prairie du Chien and Viroqua, and in Michigan two more markets, Soo and Sault Ste. Marie. Gabe Buch, OM/PD at Robinson Media’s WQPC, Prairie du Chien tells TALKERS, “Remote News has a been a life saver! Very easy to work with and they went the extra step to make our news local. The transition to Remote News was very easy and the anchor we chose is easy to work with and sounds great.” Michael SanAngelo, OM for Sovereign Communications adds, “Our company is on the Canadian border, and we’ve struggled for years to find the right person to collect, write and deliver solid local and regional news on our seven-radio station group. In just two weeks with Remote News Service, our news content has been night and day better and exactly what we have always wanted.” RNS owner Lesley Lotto tells TALKERS, “I’m floored once again at the tremendous growth! 54% this year so far. But this is not about me, it’s our amazing team who continues to attract new clients due to their dedication and hard work. I’m beyond proud.” To learn more about RNS,
Premiere Networks announces the addition of “
Ham is a prominent journalist, FOX News contributor, speaker, author, and co-host of the news podcast “
The duo will help listeners navigate the headlines that matter most to American families and understand how they affect them. Known for being funny and a bit irreverent, yet serious and thoughtful about important issues, Markowicz and Ham have one purpose in mind: to keep the audience informed without wearing them out.
What’s it like to be a self-made billionaire mogul with powerful ownership interests in the media, grocery, energy, real estate, political, and sports industries? TALKERS publisher Michael Harrison presents a candid one-on-one dialogue with Red Apple Group CEO and WABC, New York owner John Catsimatidis that covers all the above bases and then some. “Cats” discusses his ongoing plans for WABC Radio; the future of the AM radio dial; roots of the inflated cost of food and gasoline; his development of beach front condo properties in Coney Island, NY and St. Petersburg, FL; and what he describes as his “common sense” approach to today’s political environment. Catsimatidis’ life is the embodiment of the American Dream – a true rags-to-riches story of a Greek immigrant who came to New York City with his family at the age of six months and worked his way to success, starting in his parents’ humble grocery store, to become one of the most influential individuals in the nation. Harrison and Catsimatidis take the viewer on an amazing “fun” journey from the nostalgic sidewalks and baseball stadiums of old New York to the pinnacle of 21st century business, media, and technology. To view this exciting new entry on the TALKERSMEDIA YouTube channel, please 

The images accompanying the music will be a dynamic montage of individual radio talk hosts in the process of doing their shows. The group invites talk show hosts from around the country – local and syndicated – to contribute video clips of themselves in action on the mic. The clips need not be longer than one minute and show the face of the host on air in the studio (even if it is a home studio) and, if possible, show the station or program logo in the frame. Obviously, the group cannot guarantee inclusion in the final product, but every effort will be made to do so. Gunhill Road video producer (and TALKERS VP/associate publisher) Matthew B. Harrison states, “The members of Gunhill Road are so grateful for the attention and airplay they have received over the past five years from talk radio that they want to give something special back to the industry and its medium.” Interested hosts should send their video clips to
Written in 1787, signed on September 17, 1787, ratified in 1788, and in operation since 1789, the United States Constitution is the world’s longest surviving written charter of government. Today is the anniversary of that initial signing. After spending all summer crafting the original seven articles of the historic document, an assemblage of the nation’s founding fathers in Philadelphia at the Constitutional Convention, under the leadership of George Washington, created what would prove to be the ideological and legal backbone of the United States of America. The 39 remarkable individuals who put their signatures to the document included such icons as Benjamin Franklin, Alexander Hamilton, James Madison, and Gouverneur Morris.
“Our industry is going to take a while to reset itself, like the newspaper industry,” he said, estimating that this “reset” would come in 10 years, or not at all. “This might be the new normal.” Pictured above: Adell (l) with radio historian and videographer Art Vuolo (r). Vuolo tells TALKERS, “He invited me to video in studio the launch of Super Station 910 the first week of September a year ago as he re-branded WFDF-AM 910 as news/talk. He wanted to go after WJR, but with mostly syndicated programming from Premiere Networks. Interestingly 910 now with 50 kw is the third biggest AM signal in Michigan!” For more info, see the entire Detroit Free Press article here.
Mentoring and Inspiring Women in Radio, Inc. (MIW), a 501(c)(3) non-profit organization dedicated to the advancement of female leadership in radio broadcasting, and the National Association of Broadcasters Leadership Foundation (NABLF), name Rachel Haggerty as the 2024 MIW NABLF Launch Program mentee. Started in 2023, Launch is a partnership between MIW and the NAB Leadership Foundation dedicated to supporting and guiding women in radio who are relatively new to the industry.
The first of its kind, this program fosters the development and curation of talent. Haggerty graduated from Seton Hall University in 2019, where she was actively involved with WSOU-FM, serving as assistant technical operations director and later as student manager. After graduation, she completed the National Association of Broadcasters Technology Apprenticeship Program, interning with iHeartMedia’s New York City radio stations. She then worked locally and with a national support team at iHeartMedia before becoming the assistant chief engineer at WABC-AM. Since 2023, she has returned to iHeartMedia New York, working with Premiere Networks on nationally syndicated talk shows. Rachel is also an active member of the Society of Broadcast Engineers and holds a Certificate in Broadcast Radio Engineering.
Harrison addressed the issue of artificial intelligence’s impact on talk show hosts as well as society in general presenting a mixed forecast of both good and bad news. To watch the video in its entirety please click here 
Dylan Douglas to Host New Gen Z Political Program Exclusively for SiriusXM’s Progress Channel. 
iHeartMedia Tulsa has expanded the reach of 1300 The Patriot (KAKC-AM), “Oklahoma’s home for Real Talk,” to additional platforms. The station is now simulcasting to its new home on 93.5 FM and 106.1 HD2, in addition to its current frequency at 1300 AM and streaming on iHeartRadio. “‘The Patriot’ has become a trusted voice in Oklahoma, and this expansion is a testament to its success,” says JC Lowe, area president for iHeartMedia Tulsa. “By broadening our reach to FM and HD, we’re ensuring that even more listeners can engage with the high-quality talk and news content that ‘The Patriot’ delivers every day.” JJ Ryan, SVP/programming iHeart Media Tulsa adds, “The expansion to FM and HD radio allows our audience to enjoy ‘The Patriot’ on whichever platform they prefer — whether that’s on AM, FM, HD radio, or digitally through iHeartRadio. Regional news director and PD Brian Gann has done an outstanding job in transforming KAKC-AM into a trusted source for both local and national news. We’re proud to continue offering top-tier programming from national personalities including Michael DelGiorno, Glenn Beck, and Clay Travis & Buck Sexton.”