Abstract

     With the relative democratization of broadcast communication brought about by the new media technologies of podcasting and Internet broadcasting, new questions have arisen regarding appropriate legal standards for regulatory efforts. In particular, Internet broadcasters and podcasters collide with licensing agencies responsible for implementing U.S. and foreign copyright law. Media convergence has caused confusion amongst policymakers, industry professionals and the public with respect to the application of traditional copyright law to these new technologies.
     This article explores how congressional legislation and federal court jurisprudence, combined with the efforts of private licensing agencies such as ASCAP, BMI and SoundExchange, impact the and podcasting. Lawmakers and jurists must assess whether the unique characteristics of these technologies justify legal treatment different than that applied to traditional communication media in accordance with long-standing principles. Although holders of copyrights in popular music sound recordings contend that the threat of easy and widespread piracy justifies increasing the rights of copyright holders in the digital world, Internet broadcasting and podcasting raise new questions about whether copyright law is fulfilling its constitutional purpose of promoting progress of artistic expression.
     This article first reviews the constitutional purpose of U.S. copyright law and the evolution of the Copyright Act. It then describes the current state of the Internet broadcasting and podcasting industries. Next, it discusses and analyzes the current collision between copyright law and the new podcasting technology. The article concludes with observations about the appropriateness of differential legal treatment based on the unique characteristics of Internet broadcasting and podcasting, and the implications of such a regulatory scheme.