Washington Journal of Law, Technology & Arts


Jared Barrett


Podcasting is a new distribution medium that allows a vast array of users to transmit audio or video programs (“podcasts”) to wide audiences. Typically, recipients use handheld devices, such as an iPod, or personal computer to capture and retain a podcast for later playback. Podcasts are diverse in form and content, ranging from talk-radio shows to political speeches to educational programs. One area of content that has been slow to develop, however, is the inclusion of mainstream music in podcasts. Many podcasters have avoided the use of mainstream music altogether because of difficulties in determining how podcasting music fits within the existing copyright framework. This Article attempts to clarify how podcasting music fits within the framework by comparing how the basic principles of music copyright apply to podcasting and by contrasting podcasting to terrestrial broadcasting and webcasting.

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