Gone With The Wind - Research Paper Example

Annotated Bibliography: Gone With the Wind Topic: copyright and fair use Thesis: Copyright issues havebeen a subject of debate lately, mainly with regard to the distinction between parody and what satire in rewrites. This is because the Copyright law applies exception of infringement if a rewrite qualifies as a parody or satire. While parody mimics an original work and has claim to the use of somebody’s creativity, satire stands on its own and must justify the act of borrowing from somebody’s creativity. As such, parody on its own or with the inclusion of satire does not attract infringement while a satire that stands alone attracts infringement of the copyright law. This brings the issue of fair use as demonstrated by several infringement battles such as in the case of Colting’s 60 Years Later novel and Suntrust Bank v Houghton Mifflin. Fair use sets a legal ground that permits commercial and creative decisions regarding rewrites. This leads to more cultural products making our culture richer, but also poses the big challenge of determining what qualifies as fair use and what does not. Thampapillai, Dilan. The Novel as a Social Satire: 60 Years Later, the Wind Done Gone and the Limitations of Fair Use. Deakin Law Review (2012): 427-452.Print. In The Novel as a Social Satire: 60 Years Later, The Wind Done Gone and the Limitations of Fair Use, the author, Dilan Thampapillai, evaluate the doctrine of fair use and its application in the society. He also explores the difference between fair use in Australian Copyright law and the American Copyright law in order to give an insight into the distinction between satire and parody. Furthermore, Dilan evaluates application of fair use with reference to the case of 60 Years Later and the rewrite of Gone With The Wind. Dilan Thampapillai currently works as a lecturer at the Deakin University School of Law. Prior to this, Dilan worked at the Australian Government Solicitor and Attorney-General’s Department as a lawyer. Evidently, he has a good background in the area of law giving credibility to his work. In addition, Dilan specializes in topics such as free speech, intellectual property, and public law. Dilan currently studies PhD at Melbourne University, holds a Master in Laws and a Bachelor of Laws from Cornell University and Australian National University respectively. Furthermore, the article is recent, published in 2012, thus, has up to date information about fair use. I will use the information in this article to get an insight into the issue of fair use and infringement of Copyright issues. I will use the information from this article to evaluate the circumstances that a rewrite qualifies as fair use, and the circumstances under which it does not, that is, qualifies as infringement. Thus, this article will help me to understand better the concepts of parody and satire, and how they apply in Copyright issues. Dilan Thampapillai writes, “What must be accepted then is that both parody and satire are exercises in free speech and the fact that they warrant a free use exception in copyright law suggests that the statutory monopoly that is copyright needs to be reconciled with democratic values” (429). Beebe, Barton. An Empirical Study of US Copyright Fair Use Opinions, 1978-2005. University of Philadelphia Law Review (2008): 582-586. Print. In An Empirical Study of US Copyright Fair Use Opinions, the author, Beebe Barton discusses several opinions that argue for fair use. Barton refers to the four conditions in the US Copyright Act that fair use is dependent on. These are character and purpose of use, nature of the work copyrighted, sustainability and amount, and effect on the market. Beebe Barton is an intellectual law expert and a lecturer of the same at the New York University of Law. Beebe has J.D. from Yale school of Law attained in 2001, PhD from Princeton University and B.A. in Masters from the University of Chicago. In addition, Beebe is well vast in the topic of intellectual law, infringement, and copyright fair use issues. Moreover, he has authored several publications most of which touch on the various topics on law. These include Intellectual Property Law and the Sumptuary Code published in the Harvard Law Review, and The Semiotic Analysis of Trademark Law among others. Finally, Beebe has attended several symposiums related to law topics mainly fair use and copyright issues, for example, the 2013 Fair Use and Legal Futurism, 24 Law & Literature 10. Similarly, the article is recent with valuable information about US Copyright Law. I will use this article to understand the situations or conditions that warrant fair use in copyright issues. This article will give me information on the interpretation and arguments about various sections of the US Copyright Act. This article will assist me in evaluating whether the rewrite met conditions that determine fair use. Barton Beebe notes, “Section 107 thus consists of three parts: a preamble that identifies “the fair use of a copyrighted work” as an exception to the copyright owner’s exclusive rights and that gives examples of fair “purposes,” a list of four factors that courts must consider in determining whether a use is a fair use and an additional statement regarding unpublished works that was added in 1992” (558). Bollinger, Lee. Free Speech and Intellectual Values' () 9243S. Yale Law Journal (1983): 438. Print. In the article Free Speech and Intellectual Values, the author, Bollinger Lee discusses the application of free speech with respect to copyright issues and its relation with the intellectual values. Bollinger also discusses the issue of free speech and its application in the fair use cases such as rewrites among other copyright issues. Lee Bollinger is the President of Columbia University since 2002 to date. He is famous strong advocate of affirmative action exemplified by the two Supreme Court cases Gratz v Bollinger and Grutter v Bollinger. In addition, Bollinger is a legal scholar of the freedom of speech and First Amendment. He has widely published on the subject of freedom of speech and press. He is not only the President of Columbia, but also serves at the faculty of Law. Other publications include The Tolerant Society: Freedom of Speech and Extremist Speech in America published by Oxford University Press and many others. The article is quite old published in 1983, but it gives a firsthand account on the issues of freedom of speech. I will use the information provided in this article to evaluate how free speech applies in the copyright issues. This article will be valuable in determining what factors make up the concept of free speech. Lee Bollinger writes, “There are three justifications put forward for free speech: the search for truth, autonomy, and democracy. The basis for the search for the truth argument is that if speech is truly free then the truth can be discovered in an unrestrained discourse. Similarly, the autonomy argument ties free speech to personal liberty” (465). Samuelson, Pamela. Unbundling Fair Uses. Fordham Law Review (2009): 2544-55. Print. In Unbundling Fair Use, the author, Pamela Samuelson evaluates several cases to study issues related to the application of fair use. Samuelson categorizes cases in different classes with regard to use such as free speech, authorship, uses that enhance learning, unforeseen uses, and foreseeable uses. Pamela Samuelson is the pioneer of cyber law, digital copyright law, intellectual property, and information policy. Samuelson serves as a professor at the Berkley School of Law & School of Information. In addition, she is the director of the Berkley Center for Law and Technology, University of Amsterdam’s honorary professor, and advisor for the Samuelson Law, Technology, and Public Policy Clinics among other titles. She has written and spoken vastly on traditional legal regimes and technological impacts on public policy. I will use the information in this article to understand the application of fair use in rewrites. I will also use it to evaluate several cases regarding fair use, and analyze how the fair use concept in these cases was evaluated and applied. This will bring me back to the evaluation of parody and infringement exception on this basis. Pamela Samuelson says, “Parodies are examples of a new works that criticize, comment upon, or offer new insights about the social significance of others’ expressions” (2548). Summary The sources above all provide valuable information on the issue of infringement of copyright laws with respect to rewrites. The authors discuss several aspects of fair use such as free speech, the US Copyright Act, parody and satire, determination of fair use, and other aspects of copyright issues. They all pay a significant role in evaluating whether a rewrite qualifies for fair use or qualify as infringement of copyright law. Parody and satire are among the conditions that exempt a rewrite from infringement of copyright laws. Hence, all these parameters and information will help me evaluate whether the rewrite of Gone With The Wind qualifies as fair use or it infringes copyright laws. Read More