Jury Rules Against Entercom Station In 'Porn Star' Lawsuit

9-26-2014

A woman who sued Entercom's KRBZ (96.5 The Buzz)/Kansas City over being falsely identified as a "porn star" in a 2012 broadcast has been awarded $250,000 in actual damages and another $750,000 in punitive damages by a jury, the Kansas City Star reports. The station reportedly confused the woman's name with that of another individual; all sides agree she has never been involved in the pornography industry.

Entercom spokesman Kevin Geary said in a company statement, "While we are very disappointed in the outcome, we will abide by the jury's verdict."

The paper reports that the Afentra's Big Fat Morning Buzz program, hosted by Afentra Bandokoudis and Daniel "Danni Boi" Terreros, on April 20, 2012 asked listeners if they knew any porn stars. They received a text message with Ashley Patton's name and city, and searched Google -- finding there pornographic images of a woman named Ashley Payton. The show members didn't catch the mistake, and Ashley Patton's name was later posted on the station's website, with a link to a podcast of the show. Patton made several calls to the station, and the information was taken down.

The station's defense was that it was an "unknowing mistake" on Terreros' part; punitive damages would require that the company authorized or OK'd the station's actions.

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Blackberry Files Lawsuit Against Seacrest

1-6-14

A product financially backed by radio star Ryan Seacrest is about to debut at the Consumer Electronics Show in Las Vegas. Seacrest and entrepreneur Laurence Hallier created a product called Typo, a slip-on keyboard iPhone accessory that offers BlackBerry like functionality. The product is now being targeted by Blackberry in a lawsuit.  Blackberry attorney Steve Zipperstein said, ?This is a blatant infringement against BlackBerry?s iconic keyboard, and we will vigorously protect our intellectual property against any company that attempts to copy our unique design.? 

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Tantaros Off The Air. Files Lawsuit Against TRN.

10-11-13

Three days after our cover story on Andrea Tantaros came out, she is off the air with no clear indication when or if she'll ever be back on. It's a situation that has been plaguing TRN lately with the departure of Michael Savage (now with Cumulus), who also filed a lawsuit against TRN and Laura Ingraham (now with Courtside). Tantaros launched her show over a year ago with TRN CEO Mark Masters promoting her heavily as the next big big talent in the Talk Radio format. One former TRN employee told Radio Ink last night Tantaros has not been paid for over a month, has never been told how many affiliates her show is on and TRN has never shared any advertiser information (part of her deal was revenue sharing). Tantaros' attorney Joseph Cane declined to speak to Radio Ink last night, however, he did offer the following statement:

"This is a situation entirely of TRN's own making. TRN's dire financial troubles have unfortunately affected its ability to uphold multiple contact responsibilities to Ms. Tantaros.   Andrea loves doing radio, values her affiliates and has fulfilled the duties of her contract for the past two months while TRN has kept her in the dark, fired her staff, and the staff at TRN necessary to sell the show to advertisers. In fact, rather than attempting to facilitate a solution to the many issues at hand, TRN would prefer to do nothing, including not pay its talent. This is indeed unfortunate. Further, many of TRN's breaches were incapable of cure. Perhaps most importantly, TRN induced Andrea into the contract based on a set of material misrepresentations of fact and engaged in self-dealing at her expense.  As a result, although Andrea wanted to continue to be a loyal trooper, TRN left her with no choice but to leave to mitigate damage."

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Westergren: RIAA Orchestrating Lies Against Pandora. Hammers Radio.

6-27-13

As a result of the recent bickering over fees Pandora does and should pay to play music, Pandora founder Tim Westergren has written a blog in defense of his company. The first point Westergren addresses is Pink Floyd's claim that he is trying to cut their pay by 85%. "That is a lie manufactured by the RIAA and promoted by their hired guns to mislead and agitate the artist community. We have never, nor would we ever advocate such a thing. I challenge the RIAA to identify a statement from Pandora that says we seek to reduce royalties by 85%. On the contrary, all of the key principals including Cary Sherman (the head of the RIAA) and Mike Huppe (the head of SoundExchange) know that we have been advocating for solutions that would grow total payments to artists. The 85% sound bite preys upon the natural suspicions of the artist community, but it is simply untrue. And although we compete directly with AM/FM radio, which pays zero performance royalties, we have always supported fair compensation to artists."

Westergren also takes issue with the amount of money paid for each song spin on Pandora. "There is a tremendous amount of misinformation being spread on this topic as well.  First we need to clarify what a ?spin? on Pandora means. Each spin on Pandora reaches a single person, compared to a ?play? on FM radio that reaches potentially millions of people. In other words, a million spins on Pandora might be equivalent to a single play on a large FM station. How much would we pay in royalties for a million spins? About $1,370. (If you?re interested in the detail, an independent blogger posted today some very accurate calculations on this exact topic.) If major market FM stations paid the same rates as Pandora, based on audience, some would be paying thousands of dollars for every song they played.  How much do they pay performers right now? Zero. As Richard Conlon, SVP at BMI recently said: ?One play on commercial radio is not the same thing as one play on Pandora.? He isright."
And, Westergren says, the total dollars coming from Internet spins are growing. "Regardless of the math, the truth remains that any way you cut it, when it comes to Internet radio ?x spins pays y dollars in performance fees? is always going to sound like a small number. Which leads me to the next, and perhaps more important point. The value of a spin on Pandora is about much more than royalties. Over 350 labels actively service Pandora with new releases. And we get thousands of unsolicited submissions from artists. Why? Because radio has, and will always be THE primary means of promotion for artists. Spins means audience, and developing an audience of patrons is THE key to long-term sustainability for artists. Furthermore, in an Internet-connected world, the ability of a service like Pandora to activate fans is extraordinary ? far beyond anything broadcast radio has ever been able to offer. We have already begun developing and testing those capabilities, and the artists who have participated in these programs have been blown away by the results."

Westergren says Pandora is a company founded by artists to help artists. " The RIAA has attempted to create a firestorm about an email from me asking artists if they would show their support for Internet radio by signing a letter. We were overwhelmed by the response. Over 500 independent artists stepped forward and agreed to sign. It is at the core of who we are and how we make decisions about our business and that will never change. We will not be intimidated. We will continue to try our best to stay above the fray and concentrate on our mission to create great Internet radio for our listeners and our artists.  We are undaunted, and we are passionate about the future of music, and an ecosystem that allows those who create it to thrive."

Read the full Westergren blog HERE

(6/28/2013 12:16:44 AM)
Westergren is cracking at the seams, just like his fake radio company.
(6/27/2013 5:44:29 PM)
Westergren says: "And although we compete directly with AM/FM radio, which pays zero performance royalties".

Really? Odd because our company has been paying out royalties to SoundExchange for many years now for our streams as has every other radio group in America. The RIAA is lying about you but you are the bastion of truth...

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FCC Stands Firm Against Mt. Rushmore

4-29-13 

Mt. Rushmore's Wyoming stations were hit with a $17,500 fine for failing to ensure the operational readiness of the EAS system at KRAL-AM and KIQZ-FM, failing to maintain a complete public file for the stations and failing to operate an STL for WHB734. Mt. Rushmore requested the FCC review the fine, based in part on the stations "failing financially to the point that they have been silent for most of the past year." The commission rejected that reasoning and affirmed the fine. Read the full FCC document HERE

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Criticism Building Against Minneapolis Host

4-23-13

Bob Davis (left) is one half of the "Davis and Emmer" show on Clear Channel's KTCN-AM in Minneapolis. Something he said about the Newtown families has caused at least one advertiser to cancel according to the Star-Tribune. President Obama has been traveling the country with the families pushing his gun control proposal and Davis does not agree with that approach and he said so on the air.

On April 12th, Davis said, I don?t care if it?s here in Minneapolis or anyplace else: Just because a bad thing happened to you doesn?t mean that you get to put a king in charge of my life. I?m sorry that you suffered a tragedy, but you know what? Deal with it, and don?t force me to lose my liberty, which is a greater tragedy than your loss."

The newspaper says Davis is being offered an all-expenses-paid trip to Newtown to repeat what he said on the air recently in front of the families. During his April 12th rant, Davis also said, ?I?m sick and tired of seeing these victims trotted out, given rides on Air Force One, hauled into the Senate well, and everyone is ? terrified of these victims. I would stand in front of them and tell them, ?Go to hell.???

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Judge Rules Against Cumulus in Syracuse

10-31-2012

Scott and Hunter had been doing mornings in Syracuse for Cumulus' 95X for two years. They resigned on October 16th and were hired by Ed Levine's Galaxy Communications two days later. New York State Supreme Court Justice Deborah Karalunas decided not to issue a temporary restraining order that would have taken them off the air. Cumulus requested the temporary restraining order.

According to Syracuse.com the judge listened to arguments in chambers from attorneys representing both sides and issued a decision 15 minutes later. Karalunas said the two radio hosts cannot use three phrases she said they coined on the air at 95X: Beer Friday, The Show and Chalk Dust. She also said they cannot solicit other employees of Cumulus.

Syracuse.com says a copy of the lawsuit says the morning team violated their former employers' contractual right of first refusal as well as non-solicitation and "other post-employment obligations." The morning hosts have said, in local media, that their contract expired and no offer was made to them. Another court date was set for November 21st.

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Savage Says He Won Lawsuit Against TRN

9-28-2012

Michael Savage will be off the air for "some time" according to his website. He's posted a message that says, "after a grueling legal battle that cost him and his family dearly, Michael Savage can announce he won." Savage filed a lawsuit against TRN in 2010 over his contract and says he is "now free to work with whomever he wishes in the radio industry from this day forward." We've left a message with Savage's attorney to try to get more detail. Late last night Talk Radio network CEO Mark Masters told Radio Ink, ?We are all looking forward to announcing a bright future; radio's October Surprise will begin on Monday, October 1st.? More details as we get them.

Late Thursday night, we've reached out to Premiere, Dial Global and Cumulus regarding the possibility of picking up Savage. Nobody had any comment at this time.

Boston.com reported that Savage spent more than $900,000 fighting his case but was awarded more than $1 million in arbitration. The agreement also calls for Savage to be able to obtain all archived tapes of his show. Savage was heard on nearly 400 stations. World Net Daily broke the story Thursday night and it was one of the top headlines on Drudge.

(9/29/2012 5:14:28 PM)
Poor Mark, now sulking with Mickey L. and Mickey Mouse over their losing Michael Savage over $.

Pay Up or don't play!

(9/29/2012 12:35:54 AM)
I hope that Teddy is ok.
(9/28/2012 12:19:19 PM)
He's off the air, he wins? Listeners lose.
(9/28/2012 11:47:00 AM)
Call up ex TRN director of programming Phil Boyce - now over at Salem Radio.

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Florida Drops Charges Against SBS Executive

8-14-2012

SBS EVP of Programming Jesus Salas was cleared of all charges on August 3, 2012, by the Miami-Dade Circuit and County Court. On July 4, Salas was charged with assault, aggravation, and possession of a firearm in an alleged case of domestic violence. He said he was innocent all along and in a recent hearing the state attorney declined to prosecute and dismissed the charges due to insufficient evidence.

Salas said, "I am happy that this is finally over. This is an unfortunate situation my family and I have endured, and we're ready to put this behind us and move forward. I have never had any problems with the law, not even a parking ticket," said Salas. SBS CEO Raul Alarcon said, "Congratulations to Jesus on a wonderful outcome! I always knew he would be totally vindicated."

Salas is the EVP of Programming for Spanish Broadcasting System. He began his career as an air personality and got his first programming job at age 19. In 1997 he was named PD for WSKQ-FM and WPAT-FM/New York. In 2004, he joined Univision Radio as a program director, and then two years later accepted a post as senior PD with XM Satellite Radio. In his current post with SBS, Salas oversees stations in New York, Los Angeles, Miami, Chicago, San Francisco, and Puerto Rico. He received the prestigious Medallas de Cortez medal from Radio Ink Hispanic Radio for Programmer of the Year/Market 1-25. Salas resides in Miami, FL.

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(PODCAST) Selling Against Increased Competition

Download this show

7-27-2012

One of the biggest challenges salespeople face today is closing deals with competition at an all-time high. In addition to newspaper, television and billboard, sellers also deal with every new digital platform that comes along such as Pandora, Groupon, Facebook, Google, and every local coupon company John Q Public launches from his one-bedroom apartment. In our Sales Meeting Podcast Matt Sunshine and Sean Luce tackle that problem, along with a long list of other challenges sent in from salespeople all over the country.

Listen to the Radio Ink Sales Meeting Podcast with Matt Sunshine and Sean Luce

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(PODCAST) Selling Against Increased Competition

Download this show

7-27-2012

One of the biggest challenges salespeople face today is closing deals with competition at an all-time high. In addition to newspaper, television and billboard, sellers also deal with every new digital platform that comes along such as Pandora, Groupon, Facebook, Google, and every local coupon company John Q Public launches from his one-bedroom apartment. In our Sales Meeting Podcast Matt Sunshine and Sean Luce tackle that problem, along with a long list of other challenges sent in from salespeople all over the country.

Listen to the Radio Ink Sales Meeting Podcast with Matt Sunshine and Sean Luce

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SiriusXM Files Lawsuit Against SoundExchange

3-27-2012

Mel is taking on SoundExhange. Sirius XM has filed a complaint against SoundExchange and American Association of Independent Music ("A2IM") accusing both organizations of interfering in "SiriusXM's efforts to secure, through a competitive market, copyrights critical to its business." SiriusXM wants to cut deals directly with record companies, and not a middleman, which in essence is what SoundExchange is. The complaint contends that the conduct violates federal antitrust, as well as New York state law. It says, "Although SiriusXM has the legal right to reach out to individual record companies for such licenses, SoundExchange, in collaboration with other record industry organizations, has orchestrated an illegal boycott designed to choke off such competition. 

SiriusXM's direct licensing initiative is beneficial to the Company, listeners, artists and record labels.  This filing reflects SiriusXM's commitment to taking the steps necessary to maintain its rights to conduct business in a free and open market for the benefit of its business, listeners, artists and record companies.

Read the entire complaint HERE

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Emmis Files Suit Against Shareholders

3-26-2012

Emmis Communications is attempting to amend its corporate documents. As a result, preferred shareholders will lose the right to certain dividends, lose the right to force the purchases of their shares, lose the right to convert their preferred shares to common stock, and lose the right to vote separately on mergers, share exchanges and transactions, among other things.  Emmis states in the lawsuit that preferred shareholders owning less than 1/3rds of the preferred stock are opposed to this restructuring.  Those preferred shareholders claim that the restructuring is illegal. 

Emmis, in a preemptive move, filed this lawsuit asking the Indiana courts to declare that its plans to restructure the preferred shares is legal, thus forcing the unhappy preferred shareholders to defend now, rather than wait until later to challenge the restructuring.  The current preferred shareholders must vote on the proposed amendment by at least a 2/3rds vote. To obtain this vote, it appears as if Emmis has already made a deal with preferred shareholders owning at least 2/3rds of all preferred shares to obtain their vote in favor of these amendments and restructuring. 

Read the entire document filed by Emmis HERE

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Cumulus Files Lawsuit Against Finebaum

2-19-2012

The Birmingham Business Journal is reporting that Cumulus is now countersuing popular Birmingham sports talker Paul Finebaum, alleging he was conducting secret negotiations to move his show to a competing network as early as 2009 and that he shared confidential information about Citadel in the process. Finebaum filed suit against Citadel (which was purchased by Cumulus) alleging the company coerced him into signing an unfavorable amendment to his employment contract by threatening to pull his popular radio show from the air if he refused.

The paper also says the Finebaum suit also alleges breach of contract against Citadel over a recent bankruptcy and claims that company executives worked intentionally to suppress Finebaum?s pay.

Read the entire Business Journal article HERE

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DWI Charges Against Emmis Talker Immediately Dropped

June 14, 2011 -- Austin police officials reviewed the videotaped field sobriety test of Emmis talker Jeff Ward and determined there is not enough evidence to prosecute him. As we reported yesterday Ward was arrested late last week for failing a field sobriety check. The American-Statesman is reporting that Ward called Austin Police Chief Art Acevedo from jail to discuss the matter. The chief scolded Ward about not taking a breathalyzer then hung up on Ward. Ward claims he had two beers while hosting a community event Thursday evening and was not drunk. After reviewing the in-car videotape, officials decided to drop the case. Ward told the paper "he is glad the matter has been resolved. It was a miserable experience."

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Without Explanation Charges Against Sandler Dropped

She says she's exploring all of her options after her case was dismissed by Broward County. Last month former Air America host Nicole Sandler was arrested and charged with trespass after warning. Trespass after warning is a municipal ordinance. Sandler was cuffed and booked after speaking out at a town hall meeting for a Florida Congressman. The authorities didn't like the way she spoke out and asked questions while the Congressman was speaking. Sandler says she was just participating in our Democratic form of government. Her bond was $25.00 but her stay at the Broward County Jail was less than pleasant.

Being arrested is one thing, being treated the way Sandler says she was treated while in custody is another. If true, one could argue prisoners get better treatment at Gitmo. Last night Sandler described her treatment while in custody of the county. "The guard at the Broward County Jail didn't like the fact that I asked for an apology to me and three other women who were put in a cell that was being used to store mattresses and forgotten about and left in there for over an hour.  In retribution for me daring to tell him that we were human beings and deserved an apology, he put me into solitary confinement. While I was locked in that cell, I heard a guard call my name. I believe she was calling me to let me out. I responded that I was locked in cell #1, and that she needed to let me out. Then I heard nothing more for over an hour. I believe I was supposed to be released, but the guard who was punishing me somehow managed to make sure I was held a little longer."

For several days, albeit not pleasant, the event was a publicity bonanza for Sandler. She was in the paper, on the local newscasts and there was video of the episode all over the Internet. Sandler was also savvy at pushing it out using social media on Twitter, Facebook and her blog. She also does an online radio show where she discussed the event. Sandler also fills in for Rhandi Rhodes on occasion.
We asked her why she thought Broward County decided to drop the charges. "They didn't have a case.  From what I've heard, the prosecutor watched the various videos floating around and realized it was a wrongful arrest. They didn't have a case and had no choice but to drop the charge. I think they don't understand the concept of the presumption of innocence until proven guilty in a court of law.  The "law enforcement" officials here apparently believe they hold the power of judge, jury and executioner."

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Tim McGraw Files Countersuit Against Record Label

by Ray Waddell, Nashville  |   May 24, 2011 2:41 EDT

As expected, Tim McGraw has filed a countersuit against Curb Record in response to the breach of contract suit Curb filed May 13 relating to McGraw's "Emotional Traffic" album. McGraw's counter breach suit seeks advance payment and recording-fund reimbursement, unspecified damages, and a jury trial.

The suit also asks that "Traffic" be deemed McGraw's last album due the label and for McGraw to be "free to begin recording for himself or any other party as of July 23, 2011." 

Tim McGraw Sued by Label for Breach of Contract

Curb alleged in the May 13 complaint that McGraw's "Traffic" tracks were recorded too early prior to its delivery "in a transparent tactic to attempt to fulfill his contractual recording commitment to Curb prematurely in breach of the recording agreement."  Curb's position in the suit is that McGraw's recordings should be "topical and new" and that the artist had agreed that each new album be recorded "no earlier than 12 months and no later than 18 months" following the delivery of the previous album. The suit alleges McGraw began recording "Emotional Traffic" tracks "in 2008 or before," prior to the allowable period under contract, according to Curb.

In the expansive response filed May 23 in Davidson County Chancery Court in Nashville, McGraw says the material for "Traffic" was recorded and mastered in early 2009-2010 and Curb is holding the album "hostage from country music fans for the purpose of compelling Tim McGraw to serve perpetually under a contract that he has already fully and faithfully completed." The suit adds that Curb's "repeated serial releases of what it characterizes as greatest hits albums is obviously a naked attempt to create a perpetual recording contract, forcing Tim McGraw into a repressive environment of indefinite duration." 

Between 2006 and 2010, Curb put out six compilations or variations on hits packages, the latest being "Number One Hits" last November. Curb has released a total of seven compilations on McGraw.

Amid numerous charges of "bad faith," McGraw's response says that since 1997 Curb has never rejected any of the 108-plus master recordings McGraw has delivered, and that Curb's release of compilations extends the allowable delivery period to 24 months. The counter-suit also breaks down in great detail why the artist believes "Traffic" to be his final album due the label under contract. Among the allegations are that Curb "enticed agents for Mr. McGraw to present the unfinished rough mixes [of "Traffic"] under false pretenses....to avoid paying [McGraw] the advance" for delivering the album. In addition to the breach of contract charges, the countersuit charges intentional interference with business relationships, including with "various entities regarding his "Emotional Traffic" tour" and "created a void" of McGraw's music at radio. 

Curb attorney Jay Bowen of Nashville-based firm Bowen & Unger did not immediately respond to a request for comment. McGraw is represented by attorney Rusty Jones of the Nashville firm Harris, Martin & Jones, who made good on his comment to Billboard last week that "We are going to respond vigorously and promptly" to Curb's suit.

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