View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Santa Clara University School of Law Santa Clara High Technology Law Journal Volume 22 | Issue 2 Article 1 2006 Podcasting and Copyright: The mpI act of Regulation on New Communication Technologies Edward L. Carter Scott unL t Follow this and additional works at: http://digitalcommons.law.scu.edu/chtlj Part of the Law Commons Recommended Citation Edward L. Carter and Scott unL t, Podcasting and Copyright: The Impact of Regulation on New Communication Technologies, 22 Santa Clara High Tech. L.J. 187 (2005). Available at: http://digitalcommons.law.scu.edu/chtlj/vol22/iss2/1 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara High Technology Law Journal by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact
[email protected]. ARTICLES PODCASTING AND COPYRIGHT: THE IMPACT OF REGULATION ON NEW COMMUNICATION TECHNOLOGIES Edward L. Cartert Scott Lunttt 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 t Assistant professor of communications, Brigham Young University; ID., Brigham Young University, 2003; M.S.