Gone with the Wind Introduction Copyright issues have come up from time to time given the millions of literary works published in the society. This is because of the abundant cases of re-writes that violates the copyright of the original writers, thus, interfering with creativity of literary works in the society…
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A good example of copyright issue that raised much debate is the relationship between Gone With The Wind (GWTW) and The Wind Done Gone (TWDG). Hence, this research will evaluate the copyright issues surrounding the conflict between GWTW and TWDG with reference to fair use and transformative elements. Research Question Does the re-write GWTW in the form of TWDG amounts to infringement of the copyright laws, and if so, does it violate the freedom of speech? Significance/ Discussion The significance of this research is to evaluate, and eventually understand the issues surrounding copyright laws. This is because copyright laws have certain exceptions, such as if the re-write of a given literary text is a satire or parody. No doubt, there are inadequate copyright laws that are effective in protecting the rights and creativity of the original authors. The big argument is that if the laws were stricter then they would violate the right to freedom of speech. According to Thampapillai in the article, The Novel as Social Satire: 60 Years Later, the Wind done Gone and the Limitations of Fair Use, the exceptions that parody or satire based re-writes do not amount to infringement promotes the freedom of speech that allows individuals to write what they think (Thampapillai). However, in some cases the copyright and freedom of speech may conflict, begging the question of which one should take precedence. This may take into account the utilitarian theory, which would advocate for the side that results in maximum benefits. For instance, it supports protection because it preserves the creativity of the authors. In the case of GWTW, Randall’s TWDG delivers the slavery story airbrushed by GWTW whereby it brings the accounts through a slave’s perspectives. Furthermore, the text draws some information from GWTW, which makes it re-write the GWTW story in a better way. Therefore, the aim of this research is to evaluate the relationship between GWTW and TWDG with regard to copyright laws and all its related issues. The research will use several factors to evaluate in order to prove infringement or not. These factors include nature of the copyrighted work, effect on the potential market, and amount of suitability and finally use is for nonprofit educational nature or for commercial nature. These will help in evaluating whether the re-write in the case of GWTW amounts to infringement. Literature review In this research, I will present my arguments about copyright laws and issues surrounding using six texts or sources. In the first source, An Empirical Study of US Copyright Fair Use Opinions, Beebe explores the public perceptions on fair use and the copyright law in general. I will use this source to in my research to draw information on the status of copyright law of fair use with regard to the perspective of the public (Beebe 584). The main point of research will be whether fair use is beneficial of harmful to the literary industry, and how it can be regulated. This source will also provide information that I will use to compare the copyright law in the United States and that of Australia. The second source that I will use in the research is, “Free Speech and Intellectual Value”, an article by Bollinger, in which he explores the issue of free speech in relation to copyright law that my limit free speech (438). It will help me in understanding how promotion of free
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“Gone With The Wind Research Proposal Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/english/1488012-gone-with-the-wind.
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