Nobody downloaded yet

Gone With The Wind paper 5 - Essay Example

Comments (0) Cite this document
Ali Alkhalfan Ms. Roberts English 105 18 November 2013 Rewrite of Gone With The Wind: A Fair Use Writing back of literary works is an invaluable practice to the society because it examines another author’s ideas, message and presentation in a different perspective…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.7% of users find it useful
Gone With The Wind paper 5
Read TextPreview

Extract of sample
"Gone With The Wind paper 5"

Download file to see previous pages Thus, copyright law though protects originality and creativity of the authors, gives room for rewrites by providing exemptions under which they are not entitled to infringement.However, this has also created a room for copyright conflicts and other related issues. Numerous copyright issues have dominated the debate scene prompting the question as to what should be considered fair use and what should not. One notable copyright battle was between Gone With The Wind (GWTW) and The Wind DoneGone (TWDG). In this case, the author, Randall rewrote the GWTW by retelling the story through a slave’s perspective. This encompasses writing back to society and power, which has a rich contribution to the society. Nevertheless, the conflict here was whether TWDG violated copyright laws by copying GWTW. Through evaluation of free speech, fair use, parody and satire, it is clear that TWDG did not cause infringement of copyright laws. The infringement law allows rewrites based satire and parody. As a result, there was no infringement in the case of GWTW and TWDG since the rewrite was based on satire. Nevertheless, when solving the conflict, other concepts such as free speech and its application also came up. Thus, it is essential to understand how fair use, parody and satire, and free speech apply in rewrite cases. ...
This marked the beginning of a long-term battle on TWDG’s infringement of copyright laws with regard to the rewrite of GWTW. Nevertheless, what arose from this case is that fair use sets the legal framework that accommodates both commercial and creative decisions. In analyzing a literary work or any other thing for fair use, there are four factors that play a key role in the determination of fair use. According to Netanel in Making Sense of Fair Use, these are provisions of Section 107 of the United States Copyright Act (Making Sense of fair Use 715). The first factor deals with character and purpose of the uses, for example, it considers whether the use is for nonprofit educational or for commercial nature purposes. The second factor provides for the nature of the work copyrighted. The third factor looks at the work copyrighted as a whole and determines the substantiality and amount of the portion used with respect to the entire work. Finally, the fourth factor provided for by the US Copyright Act under Section 107 looks at the impact of the rewrite on the potential market, and how the copyrighted work is valued. Beebe notes that the four factors are a test that must be applied in every case to determine fair use, and there is no bright line rule that can determine the issue of fair use (558). The major goal of fair use is to provide a flexible approach of determining and making a decision as to whether fair use applies in a particular case. The major concern is whether the use of the original work that is copyright protected is fair or not. In addition, the fair use doctrine does not base its arguments on equity, but is rather a creature of the common law courts. Furthermore, in the application of fair use, the secondary user’s motives are generally ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Gone With The Wind paper 5 Essay Example | Topics and Well Written Essays - 1750 words”, n.d.)
Retrieved from
(Gone With The Wind Paper 5 Essay Example | Topics and Well Written Essays - 1750 Words)
“Gone With The Wind Paper 5 Essay Example | Topics and Well Written Essays - 1750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
History and Political Science in Novels Jubilee by Margaret Walker and Gone With the Wind by Margaret Mitchell
Both these novels take place in the same time but they provide a contrasting view of those times. The novels address different issues that affected the everyday lives of their characters. The following paper would discuss the emergence of the following themes in the novels; the transformation of Southern Society, the overcoming of adversity with willpower, the importance of land, and the intelligence and capabilities of women.
5 Pages(1250 words)Essay
Gone With The Wind
Source evaluation looks at several things such as the author’s credentials, publisher, presence of an abstract, validity of research, references, title and relevance to a person’s topic of research among others. My research explores the copyright issues including fair use with respect to the conflict between GWTW and TWDG, and Making Sense of Fair Use by Neil Netanel, is among the sources I have used to get information on this topic.
3 Pages(750 words)Research Paper
American old film class Gone with the Wind and Red River
Gone with the Wind and the American Civil war: The American civil war bears the reason as slavery being the main cause behind it. And this point has been portrayed as a key feature of this film. The participation of the characters, to be more precise
2 Pages(500 words)Essay
Anayse how language is used in a couple of texts( opening pages of Gone with the wind and Romeo and Juliet
There are various elements of language that can be utilized to convey deep levels of meaning within relatively short passages, pieces of
10 Pages(2500 words)Essay
Gone With The Wind
For those whose lives were better in the past, the tendency is to mythologize it, to make it seem something better than it actually was. This is the case in Margaret Mitchell’s novel Gone With the Wind.
3 Pages(750 words)Essay
Paper 5
The narrator in ‘Blue Winds Dancing’ is a native American Indian boy who has been living in a white man’s world in order to study at university and although in reality not a prisoner, in his own mind he is. He
2 Pages(500 words)Essay
Reflection Paper: Module 5
It means to know the right and wrong at workplace and doing the right thing in regard to the effects of products/services and stakeholders. But "the right thing" is not nearly
5 Pages(1250 words)Essay
Week 5 assignment paper
The Denver Foundation has also defined three approaches to inclusivity training: the intercultural/valuing differences approach, the anti-racism approach, and the
2 Pages(500 words)Essay
Reaction paper 5
Secondly, policy makers consider a single currency as detrimental. For example, relying on a single currency such as dollar would be dangerous for an economy that needs to borrow heavily from abroad (Alan, Javier & Robin, 2010). Moreover, there has been declining
1 Pages(250 words)Essay
Wind Energy
According to the report the rise in technological innovations has led to the development of various forms of energy. Other than the conventional use of non-renewable sources of energy, other forms of energy are increasingly being improved to meet the wider demand of for power. Wind energy have provided alternative forms of renewable energy.
18 Pages(4500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic Gone With The Wind paper 5 for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us