Tag: "Copyright Infringement"

Thursday, September 26, 2013

| September 26, 2013

savagemichaelMichael Savage Makes It Official: Moves to PM Drive in January.  Cumulus Media Networks talk star Michael Savage confirmed to listeners to his Wednesday evening program that he will move to the 3:00 pm to 6:00 pm ET slot for the live broadcast of his program beginning in January.  As Savage said to fans last month, he will take over the slot currently held by Premiere Networks’ Sean Hannity on 60 stations owned by Cumulus Media including a number of major market news/talk stations — WABC, New York; WMAL, Washington; WBAP, Dallas; KSFO, San Francisco; WJR, Detroit; and WLS-AM, Chicago.  Clear Channel is promising to clear Hannity in markets where Cumulus currently airs thehannitysean program.  At WLS, the local program “Roe & Roeper” featuring Roe Conn and Richard Roeper airs from 2:00 pm to 6:00 pm.  If, indeed Savage moves to the 2:00 pm to 5:00 pm CT timeslot, something’s gotta give there.  At WJR, Detroit, Hannity currently airs from 3:00 pm to 5:00 pm when local host Mitch Albom takes over from 5:00 pm to 7:00 pm.  Even during his long tenure with TRN, Savage’s afternoon broadcast time on the West Coast pushed his live program into the evening hours in the East.  This is his first opportunity for Savage to air live in PM drive in the East.  In an official statement from Cumulus, Savage says, “With this important time slot as well as the iconic Cumulus stations coveted by everyone in radio, I hope to edutain the world.  Politics will always be my mainstay but there is so much more to talk about.  Breaking news and science, religion, films, books have always been my calling cards.  With these new stations, I break out a new deck.”  Commenting on the forthcoming change, TALKERS magazine publish Michael Harrison states, “This move of Michael Savage to afternoon drive on a variety of Cumulus heritage stations coupled with the high-profile accent of Sean Hannity to an almost impenetrable national phalanx of heavyweight Clear Channel sticks such as the legendary WOR, New York, that will welcome his arrival with  major promotion and enthusiasm, is an exciting shot in the arm for news/talk radio in general across America.  Having a choice between Hannity and Savage on the dial during afternoon drive in every major East Coast market (and earlier elsewhere) is sure to increase overall listening and the image of the format for all concerned.”

cainepaulWestwoodOne CEO Paul Caine Speaks on Ad Week Panel.  Speaking on a panel discussion titled, Kings of Content, as part of the events surrounding “Advertising Week” in New York City on Wednesday, WestwoodOne CEO Paul Caine touted the expanding value of audio to advertisers as it moves beyond just the traditional AM/FM radio model.  Caine also echoed the statements made by RadioInfo/TALKERS publisher Michael Harrison during his speech at the NAB/RAB Radio Show last week when he noted that content without the proper platform is not “king,” that a respected and recognized platform is necessary to successfully deliver good content.  Caine stated that the industry needs to build both content and platforms that consumers want.  In explaining the growing nature of audio, Caine said the newer forms of content are those people use when they aren’t able to view a screen or read.  “We have to think about it as long-form, whether that’s an NFL game, which we broadcast, to short-form which is podcasting, to shorter-form which is social audio that can be put into bite-sized content and shared with your friends.”  Caine said the numerous ways in which audio content is now packaged is good for advertisers.  “Companies like ours have been growing in terms of our ability to reach more consumers.”

lm communications logoL.M. Communications Fights Back in Arbitron Copyright Infringement Suit.  Arbitron’s suit for copyright infringement of its radio ratings data against Lexington, Kentucky-based broadcaster L.M. Communications is under order by U.S. District Court Judge Karen K. Caldwell for both sides to meet to see if they can come to a settlement and then file a report with the court.  This comes as L.M. argues Arbitron does not have and cannot own copyright rights to the data.  L.M. states, “Plaintiff… has known, or should have known, that it does not, and cannot, own any copyright rights in any data, information, rankings, or other factual listings, and that it cannot prevent third parties including radio stations from receiving and using this unprotectable data.  Despite this knowledge, Plaintiff has attempted to impermissively extend the scope of any copyright rights it may have, in a calculated campaign to maintain its monopolistic stranglehold on the radio ratings market.  Plaintiff has done so through threats and filing of multiple lawsuits and by improperly manipulating its data to punish nonsubscribers.  This improper manipulation includes, among other things, threatening to gerrymander radio station markets to improperly force subscription to Arbitron’s services, and outright exclusion from the data rankings of non-subscriber stations as if they do not exist at all.  Arbitron has announced plans to implement additional discriminatory practices in the future including combining simulcast data for only subscribing stations to give them an advantage over nonsubscribers.  In doing so, plaintiff has made a mockery of the very ‘facts’ and ‘data’ it seeks to protect.  Plaintiff’s misconduct in engaging in acts of copyright misuse has the effect of rendering Plaintiff’s copyrights, to the extent valid at all, unenforceable.”  According to the judge’s orders, the two sides must have met by October 9 and filed a report by October 19.

boomercartonCBS Sports Network Enters into ‘Boomer & Carton’ TV Simulcast Picture.  The television simulcast of WFAN, New York’s “Boomer & Carton” morning drive show is currently aired on the local MSG Network but that deal ends on Monday.  The New York Daily News is reporting that joining the Yankees-owned YES Network in the bidding process is the show’s parent company-owned CBS Sports Network cable channel.  Although the exclusive negotiation period between the program and MSG has ended, MSG has the right to match any offer.  The Daily News says sources close to the situation say the fledgling cable sports channel was originally interested in simulcasting the CBS Sports Radio Network morning show with Tiki Barber, Brandon Tierney and Dana Jacobson but is now interested in Boomer Esiason and Craig Carton.  As the paper observes, Boomer & Carton are a local show and if they “go national” via CBS Sports Network, would they alter their content to appeal to a national audience?  We’ll probably have the answers to these and other questions before the current deal ends on Monday.

wproWPRO, Providence Takes a Look at Journalism in the Digital Age as Part of Live Debate Series.  The event takes place today from 12:00 noon to 1:00 pm at Roger Williams University in Providence with WPRO’s Tara Granahan moderating the discussion.  It’s the fourth in the station’s debate series and it’s titled, “Reading Between the Lines,” andgranahantara examines the complexities of funding and producing journalism in the digital age.  It is being streamed live at 630WPRO.com and will be the center piece of a WPRO Special Report scheduled to air during the “WPRO Morning News with Gene Valicenti” the week of September 30.  Panelists include: Mark Patinkin, columnist for the Providence Journal; Linda Levin, former dean of URI’s Journalism Department; Barbara Meagher, URI professor and former TV reporter; John Howell, owner and publisher of the Warwick Beacon and Cranston Herald; Dan MacGowan, blogger and reporter from WPRI-TV; and Michael Skully, assistant professor of communications at Roger Williams University.

carlsongretchenOdds & Sods.  Fox News Channel unveils new program, “The Real Story with Gretchen Carlson,” to debut in the 2:00 pm ET slot on Monday, September 30.  Carlson left the “Fox & Friends” morning show to focus on this new program.  She was replaced by Elisabeth Hasselbeck.  Carlson says in a statement, “I am thrilled that Roger Ailes has given me the opportunity to host a signature show for Fox that will focus on the real stories of the day.  From in-depth interviews to social media interaction live during the show, I look forward to joining viewers in the afternoon for smart and straight-forward talk.”…..Synergy is going on at CBS Sports Radio Network where Boomer Esiason – co-host of WFAN, New York’s “Boomer & Carton” show and host of the network’s “Sports Minute” feature will call in to the network’s Jim Rome program every Friday at 12:20 ET during football season…..ESPN Radio’s Thursday night game this week is Virginia Tech at Georgia Tech with Bill Rosinski calling the action along with analyst David Norrie and sideline reporter Joe Schad.  Also ESPN Radio’s “SVP & Russillo” will broadcast live tomorrow from the set of ESPN TV’s College GameDay Built by The Home Depot at Myers Quad on the campus of the University of Georgia in advance of the Georgia vs LSU game on Saturday…..SiriusXM debuts a new 24/7 comedy channel called “Just For Laughs” that features over 30 years of stand-up comedy drawn from the comedy archives of the Just For Laughs Festival in Montreal, including the work of established comedians, new faces, international superstars, and stand-up from comedians before they were stars…..The New York Times writer Carmen Wong Ulrich joins American Public Media to host the weekend program “Marketplace Money” beginning November 2.

entercomCool Job Opportunity.  Entercom San Francisco (96.5 KOIT, 95.7 The GAME, 102.9 KBLX, 98.5 & 102.1 KFOX) is looking for a web director who can immediately step in and be responsible for developing the voice for all aspects of the organization’s online presence. You must possess the skills to do web design and create and edit high quality video/graphics while maintaining our station’s websites on a daily basis.  In addition to writing, editing, and proofreading site content, this candidate will work closely with the corporate technical team to maintain site standards in regards to new development.  The web director will also be responsible for crafting site promotions, email newsletters and online outreach campaigns.  This job requires prior experience managing online marketing and outreach campaigns, strong attention to detail and an ability to work under tight deadlines.  The ideal candidate must have a STRONG knowledge and love of sports!  Additionally the web director should have an extensive knowledge and understanding of social media (Facebook, Twitter, Instagram), SEO, web analytics and digital marketing best practices.  Logistically, the web director implements web pages, maintains content including user clubs, web design, video editing, audio editing, digital and print ready and graphic.  The ideal candidate will be a brand evangelist who doesn’t just think outside of the box but can create a new one!  To be considered, please send your cover letter and resume to SCunningham@entercom.com and JBarrett@entercom.com. You can also find further details about the job responsibilities and skills required for this position in the careers section on http://www.entercom.com.  No phone calls please.  Entercom San Francisco is an Equal Opportunity Employer.

bfoagolfBroadcasters Foundation of America Raises $235,000 at Celebrity Golf Tourney.  The Broadcasters Foundation of America announces it brought in $235,000 to help broadcasters in need at its 2013 Celebrity Golf Tournament on Monday at the Baltusrol Golf Club in Springfield, New Jersey.  The organization says the funds come at a time when more broadcasters than ever are in need of assistance.  The Foundation expects to grant more than $850,000 in aid over the next year.  More than 150 broadcasters and celebrities turned out in support of the mission of the Broadcasters Foundation, including 30 sportscasters, athletes, and actors.  Celebrity golfers included Bruce Beck, WNBC-TV; Nick Buoniconti, NFL Super Bowl Champion; Craig Carton, WFAN; Duke Castiglione, Fox 5; Tina Cervasio, MSG Network; Howard Cross, NFL Super Bowl Champion; Maurice Dubois, WCBS-TV; John Franco, New York Mets Hall of Famer; Jay Harris, ESPN; Ann Liguori, WFAN Radio and ESPN; Otis Livingston, WCBS-TV; Sean McDonough, ESPN; Lonnie Quinn, WCBS-TV; Bill Raftery, CBS Sports; Sterling Sharpe, NFL Green Bay Packers Hall of Famer; Mike Woodson, New York Knicks; Chris Wragge, WCBS-TV, and more.

The Effort to Defund ObamaCare, Government Shutdown Threat, Climate Change Controversy, and U.S.-Iran Relations Among Top News/Talk Stories Yesterday (9/25).  The attempt by members of the GOP to defund the Affordable Care Act; the threat of a federal government shutdown; the controversy over the science behind climate change; and the relations between the U.S. and Iran as the latter approaches completion of its nuclear program were some of the most-talked-about stories on news/talk radio yesterday, according to ongoing research from TALKERS.

Thursday, July 18, 2013

| July 18, 2013

pendlchrisGet Credit for Your Hard Work, Audit Your PPM Encoding.  Bonneville Seattle creative director Chris Pendl writes in this TALKERS column that it’s a very wise move to take the time to audit your PPMppmunit encoding ASAP.  Pendl says, “With radio audiences fragmented on different distribution platforms, it’s important to confirm all of our published content has the proper encoding to receive listening credit.  Regardless if you’re simulcasting commercials on your digital platforms, if you’re not using PPM-encoded audio to distribute content you’re missing out.”  In this must-read piece targeted to programmers, Pendl details why this is so important and provides a step-by-step plan for working with the good folks at Arbitron to make sure your PPM encoding is up to snuff.  Read his entire column here.

noorygeorgeGeorge Noory to Stay with ‘Coast to Coast AM’ for Many Years to Come.  Premiere Networks announces it has signed a new, multi-year contract renewal with “Coast to Coast AM” host George Noory.  Premiere says that “Under the new agreement, Noory will continue his current role as host of ‘Coast to Coast AM,’ the most-listened-to overnight radio program in North America.  Heard by nearly 3 million weekly listeners on nearly 570 radio stations in the U.S., Canada, Guam and Mexico, the program is ranked #1 in several markets, including Los Angeles, Houston, Seattle, Phoenix, Minneapolis, Sacramento, Cleveland, San Antonio, Las Vegas, Providence and Hartford.  In addition, Coast to Coast AM’s audience has grown 13% over the past two years, and in the past year alone, has experienced double and triple digit gains in major markets, including New York (+23%), Los Angeles (+25%), Houston (+121%) and Philadelphia (+167%).”  George Noory talks about his new deal, saying, “By renewing my deal with Premiere Networks, I’ll be around when astronauts land on Mars.  I want to thank Premiere and Clear Channel Media and Entertainment for having the confidence in me and our amazing team to take ‘Coast to Coast AM’ into the future.  I look forward to many more years of bringing riveting programs during the late-night hours to our millions of listeners around the world.”

harrisonshannonshomperThe Conclave Is Off and Running in Minneapolis.  The nation’s longest-running national radio conference is in full swing in Minneapolis.  Conclave 38 featured a multi-dimensional, all-afternoon presentation yesterday (7/17) by Fred JacobsJacobs Media titled “Jacobs Media Summer School.”  This morning (7/18), TALKERS publisher Michael Harrison delivered the keynote.  In it he addressed the future role of talent as radio continues to evolve and adapt itself to the new digital era.  He drew applause when he stated that music radio must bring back the active disc jockey and reclaim ownership of the music culture – just as news/talk radio has claimed ownership of the political culture and sports talk radio has claimed ownership of the sports culture – in order to survive.  Look for extensive coverage of the three-day event including a video of Harrison’s speech shortly in TALKERS.  Pictured here are (from l-r): Conclave executive director Bob Shannon; WCCO, Minneapolis, PD, Bob Shomper; and Harrison at the Conclave this morning.

baileyjasonJason Bailey Moves to Atlanta for AM Drive Gig on ‘92-9 The Game.’  CBS Radio announces Rick Kamla moves from “The Morning Grind” to the midday show alongside Jamie Dukes and former WTKS, Orlando personality Jason kamlarickBailey a.k.a. “Buckethead” (not the famous guitar player) partners up with Randy Cross and Kristen Ledlow for mornings.  WZGC notes that “some of Jason Bailey’s sports accolades include hosting the WYGM Pre-Game Show, voice of the Orlando Rage, and color commentary for Predators radio broadcasts.  Bailey has also been the sideline reporter for the Orlando Predators and Tuskers, as well as a host for WWE and TNA Wrestling.”  WZGC program director Terry Foxx says, “As we continue to position ‘Sportsradio 92-9 The Game’ for success, we are excited to have Jason join us to bring his unique and entertaining personality to our team.”

hortonstacyMedia Management Group Appoints Stacy Horton EVP of Sales and Affiliations.  Media affiliate sales pro Stacy Horton joins the team at Media Management Group as executive vice president of sales and affiliations.  The company states that in this new role, “Stacy will execute the affiliate growth strategy for the MMG Radio Network, as well as play an integral role in revenue growth and content development.”  MMG VP of business development Alan Eisenson says, “When we launched MMGRN in April with Warren Eckstein’s ‘The Pet Show,’ we had no idea it would grow so quickly.  There’s a great demand for quality, niche weekend programming, and Stacy will be invaluable in not only adding affiliates for Warren, but also as we continue to expand our roster of programs and services to affiliates.”  Horton comments, “This is an exciting time for the media industry and I’m thrilled to be joining the amazing team at MMG.  The company is ideally positioned at the nexus between talent, technology, and content.  My job will be to leverage those synergies, and create value to fuel growth for the company, our partner stations, and the personalities we represent.”  Horton started her radio career in the early 1990s as part of the marketing team that launched the Universal Studios Radio Broadcast Center, which hosted thousands of A-list radio personalities from around the world for live remote broadcasts during which Horton would join the guests for on-air banter.  Most recently she was VP of affiliate sales at the Business TalkRadio Network.  Prior to that, she was a producer and affiliate relations manager at Yahoo!, USRN, Launch Radio and Sony Music where she produced content and managed relationships with hundreds of stations around the United States.

pinchjonFinding Radio Advertising Solutions.  Radio is fighting for its piece of the American ad budget pie and numerous industry experts have been calling for better creative and better production in order to compete with the trend that ismarshallrobin moving tremendous amounts of ad dollars to the digital frontier.  In a piece published today (7/17), TALKERS managing editor Mike Kinosian offers a brief shout-out to a couple of the industry’s legendary creative talents and then spotlights Cumulus Media’s marketing initiative Sound Solutions.  In this story he speaks with EVP/COO Jon Pinch and production manager Robin Marshall about how the company is using this division to woo advertisers to a medium that has a strong history of creating memorable spots that deliver results.  Read his story here.

midwestcomm logoMidwest Communications Latest Company to Face Copyright Infringement Complaint.  The bottom line for radio station website operators here is that if you didn’t take the picture, pay the copyright holder for the photo or receive it as a promotional photo from the copyright holder or owner, then you don’t have permission to use it and you may end up negotiating a settlement that will cost you money.  That’s more than likely what Midwest Communications will end up doing after BWP Media filed a complaint in United States District Court Western District of Wisconsin alleging country WBFM, Sheboygan, Wisconsin “B93” posted a copyrighted photo on its website without permission.  As is usual in these cases, BWP is seeking $150,000 per infringement but it will probably be settled out of court for much less and that will remain confidential.  The photo in question was of Hugh Hefner’s girlfriend in a bathing suit with the caption “Hugh Hefner’s Girlfriend Looks Like a Pregnant Barbie Doll.”  Many station websites feature – or have in the past featured – these copyrighted photos and continued the practice because no complaint was filed.  Now more than ever though, companies such as BWP Media are actively patrolling the web to catch violators in order to protect their property.  Radio station digital brand managers must be vigilant in staying within the law.

kgme logoClear Channel’s KGME, Phoenix to Carry Arizona Men’s Sports.  IMG College owns the rights to University of Arizona football and Men’s basketball and the organization announces that Clear Channel sports talk outlet KGME, Phoenix “Fox Sports 910” will carry the play-by-play as well as coaches shows and affiliated programming under a newly signed deal.  CC Phoenix Scott Hopeck says, in a statement, “Teaming up with the Arizona Wildcats to provide full University of Arizona football and Men’s basketball coverage is a significant addition to our new ‘Fox Sports 910’ brand.  We are happy to serve the large base of fans and alumni who now have a new radio home where they can follow their Wildcats anywhere in the Valley.”

Zimmerman Verdict Aftermath, Rolling Stone Tsarnaev Cover, Soaring Dow/Fed Policy, Eastern U.S. Heatwave, IRS Conservative Targeting Scandal, and Internet Sales Tax Proposal Among Top News/Talk Stories Yesterday (7/17).  The ongoing aftermath of the George Zimmerman verdict; controversy over Rolling Stone magazine’s cover featuring the surviving Boston Marathon bomber; the high-flying U.S. financial markets and the Federal Reserve’s policies; the heat wave affecting the Eastern United States; the Internal Revenue Service’s scrutiny of conservative organizations and individuals; and the proposed tax on internet sales were some of the most-talked-about stories on news/talk radio yesterday, according to ongoing research from TALKERS.

Photographer Takes Radio Station to the Court of Social Media

| February 28, 2012

By Matthew B. Harrison
Senior Partner
Harrison Strategies

SPRINGFIELD, Mass. –It is important to know more about intellectual property law than just enough to avoid litigation.  Disputes involving intellectual property aren’t always played out civilly within the established legal system.  Brawls are erupting in the Wild West of social networking, where threats of litigation don’t have much standing and unconventional is the nature of attacks.

As described in a previous article (A Lesson from the NJ101.5 Case.), a radio station got hit with a copyright infringement lawsuit because it used copyright protected images, stripped the identifying information of the photographer from the image, and posted them on its website inviting listeners to download and alter the images.

The station argued that its usage of the image was in the capacity of “news reporting” — a term which appears in the Copyright Act’s non-exhaustive list of potential purposes of fair use (thereby excusing their behavior from infringement liability).  While “news reporting” is in fact a justification for copyright infringement – most cases in which news reporting is argued as a fair use defense fail because it is often misapplied – such as in this instance.  The Court disagreed with the assertion that the radio station’s usage was news, ruling that news organizations are not free to use any and all copyrighted works without the permission of the creator simply because they wish to report on the same events a work depicts.

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