Tag: "Intellectual Property"

Tuesday, February 28, 2012

| February 28, 2012

Opinion:  Phil Valentine Says Fear of Offending is Lethal to Talk Show Hosts.  Dial Global talk show host Phil Valentine responds to TALKERS sports editor Richard Neer stating just the fear of offending someone puts all talk hosts on a slippery slope and the latest “guidelines” from the Asian American Journalists Association take it to an absurd extreme.  Read Phil’s piece here.

 

Harris Poll of “America’s Favorite News Personalities” Sure to Cause a Stir; Diane Sawyer America’s Fave, Rush Limbaugh Not.  This recent poll of 2,016 American adults conducted by Harris Interactive lumps a list of 26 news anchors, interviewers and radio and television talk show hosts into one broad category – “news and current affairs personalities” – and asks the subjects which three are their favorites and which three are their least favorites.  The results?  Diane Sawyer, Anderson Cooper, Brian Williams and Bill O’Reilly (tied with Barbara Walters) land in the top four spots for favorite.  In the least favorite category, Rush Limbaugh, Nancy Grace, Bill O’Reilly and Sean Hannity fill the top four spots.  The fact that news anchors and talk show hosts are lumped together for the purposes of this poll is interesting.  At TALKERS, we consider them very different animals.  One has to wonder how many typical media consumers consider the duties Diane Sawyer handles on a daily basis and what Rush Limbaugh does on his program to be the same or similar (even though Limbaugh often refers to himself as “America’s Anchorman!”)  Breaking down the results by political affiliation shows the following results: Among Republicans the four favorites are Bill O’Reilly, Sean Hannity, Limbaugh and Diane Sawyer.  Among Democrats the four favorites are: Sawyer, Anderson Cooper, Brian Williams (tied for second), and Barbara Walters.  What may be the most interesting facet of this poll from a statistical standpoint is independents ranked their top four favorites the same as the “general population”: Sawyer, Cooper, Williams and O’Reilly.  If you landed high on the least favorite side of this poll, it apparently doesn’t necessarily hurt your listenership/viewership.  While CNN’s AC 360 (Anderson Cooper’s prime time show) garnered 648,000 total viewers (average) during November of last year according to Nielsen, Rush Limbaugh’s estimated weekly cume during the same period was more than 15 million, according to TALKERS.  These are not the same measurement systems but the difference is stark, nonetheless.  Back to cable/news talk for a moment; MSNBC’s Ed Schultz beat CNN’s AC 360 (head-to-head competition) in the November ’11 Nielsens with 944,000 total viewers.  However, Ed Schultz wasn’t even offered as one of the 26 “news and current affairs personalities” to those taking the poll.  MSNBC’s Rachel Maddow was included in the poll.  She came in tied for seventh favorite with 7% of all respondents naming her their fave.

Entercom Kansas City Drops Classical for Business Talk Radio on KUDL.  Entercom plans to drop the classical music on KUDL 1660 – Radio Bach – and will turn the station to a business talk-formatted outlet as early as this week with an official start on March 5, according to local reports.  Former KMBZ talk host Mike Shanin is expected to host an 11:00 am to 1:00 pm program and, according to Bottom Line Communications, the station will be closely aligned with and cross-promoted by sister news/talk KMBZ-AM/FM.  While there is no official word from Entercom Kansas City, it’s being reported the station will carry programming from the Wall Street Journal Radio Network, Bloomberg Radio and is developing more local programming.  Entercom donated its classical music library to Kansas Public Radio and University of Kansas.

Black Leaders in Southern California Still Upset with John and Ken.  KFI, Los Angeles PM drive hosts John Kobylt and Ken Chiampou returned to the air yesterday after a seven-day suspension for using the words “crack ho” while discussing the death of Whitney Houston.  There are black leaders in Los Angeles still upset the duo have not been fired and the Los Angeles Times reports California State Senator Curren D. Price, Jr. was one of a number of black leaders scheduled to meet with Clear Channel management yesterday before John and Ken took to the air.  Citing the duo’s penchant for controversy, the leaders are asking for KFI to replace them.  Senator Price is quoted in the Times saying, “There are many thoughtful and talented journalists in Southern California.  KFI-AM needs to replace John and Ken with some of them.  I’m sure their radio sponsors will be grateful.”

Photographer Takes Radio Station to the Court of Public Opinion.  Harrison Strategies senior partner and broadcasting attorney Matthew B. Harrison writes that 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.  Read Harrison’s column here.

CBS Sports Network Debuts; Jim Rome Debuts April 3.  The CBS Sports Network is up and running in time for the college basketball post-season.  CBS’ new cable and satellite channel will attempt to capitalize on CBS’ long history of sports programming and will use personality-based shows to try to compete with ESPNPremiere Networks talk radio star Jim Rome is leaving ESPN to take his cable TV show to CBS Sports Network beginning April 3.  Veteran television and radio sports personality Tim Brando’s 10:00 am to 1:00 pm ET daily radio talk show on Yahoo! Sports Radio is being simulcast on the new channel.

“America’s Healthcare Advocate” Hits 60 Affiliate Mark.  The Kansas City-based “America’s Healthcare Advocate” show hosted by Cary Hall announces it is now heard on 60 affiliate stations across the country.  Hall states, “If you would have asked me seven years ago whether this show would be nationally syndicated on 60 stations coast to coast, I would have said, ‘impossible!’  It’s amazing to me how we continue to grow.  Obviously the ongoing debate over PPACA (aka ObamaCare) has generated a tremendous amount of interest in our broadcast.  Additionally, the informative shows we are able to do with nationally recognized experts in the health insurance and healthcare industries make us the go-to source across the country for information on these topics.”

GOP Primary Race/2012 Presidential Campaign, Iran Nuclear Ambitions, New WikiLeaks Release, Oscars and Ohio School Shooting Among Top News/Talk Stories Yesterday (2/27).  The GOP primaries on the eve of the Michigan and Arizona primaries, the continuing concern over Iran’s nuclear weapons program, WikiLeaks’ release of e-mails from a U.S. security firm, the Academy Awards and the shooting at an Ohio high school that left one student dead were some of the most-talked-about stories on news/talk radio yesterday, according to ongoing research from TALKERS.

Irish Eyes Are Smilin’.  Irish Radio Network USA chairman and CEO Adrian Flannelly (r) and his wife and Irish News Network VP and executive producer Aine Sheridan (c) will be honored with the 2012 Ambassador of Ireland Award to be presented by the Saint Patrick’s Committee of Holyoke and the Republic of Ireland on Sunday, March 18, 2012 at the Yankee Pedlar Inn in Holyoke, Massachusetts by Consul General Michael Lonergan.  Seated at left is Springfield City Councilor, former WHYN, Springfield talk show host and member of the Ambassador’s Award committee Kateri Walsh appearing on Flannelly’s program to announce this year’s recipients.  The Ambassador’s Award recognizes individuals whose activities have brought the people of the United States and Ireland closer together.  Flannelly and Sheridan are being honored together as a husband and wife whose professional careers personify that bridge-between-people that this prestigious award represents.

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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The evolving shift in the employer/talent business model

| December 2, 2011

By Matthew B. Harrison
Senior Partner
Harrison Strategies 

SPRINGFIELD, Mass. –– We are in the early stages of a significant shift in the way radio station owners/operators will be managing and paying for content creation.  It is becoming increasingly important for radio talent to take stock of their current business relationship with their employers and consider these changes when mapping out future plans.

The shift coming to radio will be similar to what happened in the motion picture industry when the “studio system” in which actors were employed staff members of film factories such as MGM evolved into a model in which they became independent players contracted by production companies on a per-project basis.

The root of this change grows out of the separation of the “radio station” into two very different businesses which, for many decades, were considered one and the same –– radio station as a licensed property and radio station as a production company. The growth of the role played by the internet in the distribution of terrestrial radio station programming is exposing and speeding up the distinction between these two concepts.

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The era of intellectual property law

| October 19, 2011

By Matthew B. Harrison
Senior Partner
Harrison Strategies

SPRINGFIELD, Mass. –– In a recent article, Michael Harrison predicted that Intellectual Property Law would dominate talk radio’s legal concerns in the era that is unfolding.  (It is filed at www.talkers.com under Michael Harrison and is titled “The Ticking of the Clock.”)

As talk programming evolves into new means of digital distribution through advances in technology, so does our need to understand intellectual property.  While evolutionary, the nature of the rights themselves –– to control and exploit the products of one’s creativity and innovation –– remains consistent, the manner by which they are expressed and exchanged is constantly attempting to adapt to advances in technology.

The invention of, in turn, the printing press, the phonograph, radio and television broadcasting, cable, transmission from satellite, VCRs, CDs, DVDs, and now the internet has affected both the form and the substance in the interpretation of intellectual property rights.

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The Ticking of the Clock

| September 10, 2011

By Michael Harrison

SPRINGFIELD, Mass. –– Here are 10 things broadcasters need to know about the enormous changes taking place in talk radio at this very moment, working our way from #10 to #1 in order of importance:

10) Industry conferences need to be downsized and regionalized.  Although there are still some good ones –– including TALKERS’ long-running New Media Seminar –– the day of the three-day, high-cost, national radio convention is clearly coming to an end –– at least for the foreseeable future.  The average broadcaster cannot afford the high cost of registration and travel to these events, nor the commitment of time that they demand.  Sadly, nor can most players in the sponsor pool.  Regional conferences that take place within a single day (eliminating the need for hotel lodging) and are affordable to the industry’s workforce –– exposed nationally by digital audio and video –– will and should be the wave of the future.  The forthcoming “Los Angeles Regional Talkers Forum” being presented by TALKERS in association with the Los Angeles Press Club set for October 20 is an example of this new kind of industry gathering.  We are putting our money where our mouth is.  This event is free.

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