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Gone With The Wind - Research Paper Example

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Copyright issues have been 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. …
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Gone With The Wind
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Download file to see previous pages 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 ...Download file to see next pagesRead More
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