Nobody downloaded yet

Argument and Analysis: Copyright and the 1St Amendment - Essay Example

Comments (0) Cite this document
Name Professor Name Class Date Argument and Analysis: Copyright and the 1St Amendment According to McLeod, the corporate world has led developments in copyright law, which favors curtailment of fair use. Fair use is another side of the copyright law, which aims to protect innovations by encouraging them through reproduction and use of parts of copyrighted material (Public Law 112 - 131)…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.6% of users find it useful
Argument and Analysis: Copyright and the 1St Amendment
Read TextPreview

Extract of sample "Argument and Analysis: Copyright and the 1St Amendment"

Download file to see previous pages McLeod uses many different examples, domestically and internationally, to prove his point. Though McLeod rightly claims that our rights under the 1st Amendment have been curtailed through a rise in copyrighted material, he is wrong to include in his arguments gathering and protection of personal information for homeland security purposes. Developments in the use of copyright have privatized previously public information and technology. According to McLeod, privatization of available knowledge and technology has progressed so much, that even the radio spectrum has been sold off by the Western governments, despite the fact that the electromagnetic spectrum used be at disposal to everyone (226). Even pictures of famous buildings, such as the Chrysler Building in New York City, are copyrighted (McLeod 230). Artists are not allowed to use them as part of their larger work without paying fees under the copyright law. Thus, copyright laws hinder their freedom of expression. Moreover, privatization has gone so far that even previously public spaces have been privatized. In 2003, the American public was preparing for another Gulf War. Steve Downs, a lawyer, entered the Crossgates Mall in Albany in order to shop as usual. However, he was soon arrested for trespassing as he wore obscene material on his T-shirt, which called for peace on Earth (McLeod 227). McLeod himself handed out copies of the 1st Amendment at another mall (227 – 228). The mall had a policy prohibiting solicitation of any type, both outside on the parking lot and inside the mall (McLeod 228). However, McLeod argues that he was entitled to such action as he was informing the public about their rights and was not selling anything. Previously public squares and parking lots, thus, are no longer spaces where individuals can practice their 1st Amendment right. Prohibition of any activity around, or in the malls and private companies, has led to a destruction of spaces once used by protestors. An extreme development is the “free speech zones” during the 2002 Winter Olympics (McLeod 229). Protestors were not allowed to voice themselves on any public ground, unless it was dedicated to such activities. However, in some states public lands prohibit trespassing arrests. In South Carolina, where still available, these spaces serve as protectors of the 1st Amendment (McLeod 229). Nobody is allowed to be apprehended for trespassing or any type of exercise of the 1st Amendment on public grounds (McLeod 229). Moreover, the federal government openly supports infringements upon the 1st Amendment. The Digital Millennium Copyright Act authorized companies to send “take down” notices to anyone using their copyrighted material (McLeod 238). These companies, however, as already mentioned, violate the 1st Amendment rights of many artists and hinder innovations. Despite fair use practice, consumers of the copyrighted materials are at a disadvantage. Fair use enables consumers to freely use and distribute parts of copyrighted material for nonprofit educational purposes (Public Law 112 – 131). However, important members of society, such as artists, are excluded from fair use rules (McLeod 231). Because they are a small and economically weaker group, they cannot sue companies protecting their buildings. McLeod argues that ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Argument and Analysis: Copyright and the 1St Amendment Essay”, n.d.)
Argument and Analysis: Copyright and the 1St Amendment Essay. Retrieved from
(Argument and Analysis: Copyright and the 1St Amendment Essay)
Argument and Analysis: Copyright and the 1St Amendment Essay.
“Argument and Analysis: Copyright and the 1St Amendment Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Argument and Analysis: Copyright and the 1St Amendment

Copyright damaged if the quality of the other party’s product is below par; bad faith can be alleged, and; Nike can prove that not all of its consumers are sophisticated enough to distinguish between the two products. Possible defenses to a trademark infringement action are: fraud in trademark registration; abandonment of mark by the registrant; misrepresentation; fair use; prior use; antitrust law; equitable defenses such as laches, estoppel and acquiescence (Toren 2003 pp. 4-28). The trademark infringement law promotes honesty and respect for the property of others. Q2 Copyright Law The three basic requirements of copyrightability: it must be any of the “works of authorship,” which refers to the 8 types of...
2 Pages(500 words)Essay

Argument Analysis

... English 7 February Argument Analysis This article highlights the importance of nuclear power plants as a mode of generating energy and its consumption. The article discusses the importance of a nuclear power plant. It states that instead of using fossil fuels as the means of generating energy it is better to make use of wind, solar energy or nuclear power plants as it is common knowledge that use of fossil fuels results in the production of dangerous gases and components that can harm the environment. Finance is another issue that has to be dealt with in order to start a new power plant. In this regard the writer appreciates the US President’s generosity for the sanction of a new budget to start these plants. Moreover this essay... is an...
3 Pages(750 words)Essay

Argument Analysis

...Argument Analysis 08 February Introduction The logical step in analyzing an argument is to determine first its rhetorical situation. Susan Brownmiller is a career feminist who fought for women’s rights during the height of Women’s Liberation Movement and only recently retired due to old age. She was once also active in the Civil Rights Movement but it is her work against pornography that made a mark on the feminist movement and she even wrote a book on it. In her short article critiqued here, she persuasively argued that purveyors of pornographic materials hid behind the veil of First Amendment rights to promote their sleazy business and cannot be invoked as a defense....
3 Pages(750 words)Essay

Can freedom of speech guaranteed by 1st Amendment be lawfully and soundly used to advocate abolishment of 1st Amendment

...Can freedom of speech guaranteed by 1st Amendment be lawfully and soundly used to advocate abolishment of 1st Amendment? According to the 1st Amendment, freedom of speech is given to everyone and it protects the content of expression. The necessary precondition of freedom of speech is freedom of though and if we consider the fact that there is no such crime as “crime of though” we could easily come to conclusion that there is no “crime of speech” either, if we are free to express out thoughts (which we are, according to the 1st Amendment). With the freedom of speech, we are given the right to lawfully...
2 Pages(500 words)Essay

Argument Analysis

...Argument Analysis This essay is an analysis of the article, “We Waste Our Childrens Time” by Leon Botstein. The article discusses the proposal of several politicians to extend the time spent by children in school. Governor Gray Davis of California wants to extend the school year by 30 days while Mayor Rudolph Giuliani calls for weekend classes in science (Botstein , par 1). These proposals by the politicians were instigated by the clamor of the public to improve the performance of the school children. Information revealed that children from other countries with longer hours outperform the children from the US. Botstein however claims that it is not the length of school days that...
2 Pages(500 words)Essay

Argument Analysis

...Argument Analysis: “Violent Media is Good for Kids” by Gerard Jones Summary In his text “Violent Media is Good for Kids”, Gerard Jones writes that violent media, such as comic books, TV shows and music, can have good effects on children under certain circumstances. He states that reading violent stories of the comic book “The Hulk” helped him to find out about his own identity. Moreover, his son overcame some fears by reading old Tarzan comics, which have lots of combat scenes. Together with Melanie Moore, a psychologist, he came to the conclusion, that violent entertainment can often help children to control anger and deal with other feelings and situations. Jones writes that violent media may...
3 Pages(750 words)Essay

Argument Analysis

.... Wang thrives in and excels the most. Much as the article places a highly positive spin on Vera Wang the fashion designer and personality, it became quite obvious later on that the interview was turning into a fluff piece, without a negative comment ever being said about Ms. Wang. It is hard to believe that Ms. Wang had not made any enemies along her way to the top and it would have been nice to hear some opposition to her along the way. The entire tone of the article is one of lightness and fun. This is a fashion stylistas dream article and serves its purpose to the hilt. The arguments made in the article were helped along by the tone that was set and allowed the personality of the writer to shine through as well....
2 Pages(500 words)Essay

Argument Analysis

...addictive despite its various flaws most noticeably those pertaining to privacy and loss of valuable human interaction. This idea, however, has not been explicitly stated and unfolds until one finishes reading the argument. Although the thesis has been implicitly stated in the argument, it is easily understood and apparent through the language used by the author. This article is mainly targeted at the youth, primarily 15-30 year olds who either use Facebook regularly or disprove of its use. The author tries to engage this audience by using analogies which relate Facebook to a country and its users as nationals, he aptly describes the thesis through the phrase “you’ll never make it past the border”...
1 Pages(250 words)Essay

1st Amendment

...The First Amendment Insert Insert College First Amendment of the USA constitution Question Yes, there should be a restriction onwhat we are free to state depending on the state of affairs and the receiver of the message in the speech. Freedom of speech represents the American icon and liberation but if its not limited, citizens might misuse it often causing discomfort for others such as insults, lies and bullying. Freedom of speech should be restricted in situations where individuals are protesting for irrelevant concerns, and they are out of bounds at that particular location. Freedom of speech should also be limited in scenarios whereby individuals are inciting each other, or there is hate speech...
2 Pages(500 words)Essay

Argument Analysis

...The Advertisement Analysis While watching advertisements, we rarely think of what feelings and needs the advertisement evokes in us; we understand its messages as either socially crucial or simply what we need to buy when we will be in a supermarket next time. But still often we don’t realize how advertisements influence our lives. I’ve chosen a social advertisement by New Zealand Transport Agency which is supposed to prevent car crashes on the roads by making people realize that they’re not alone on roads and they need to be responsible. I’ve chosen this video because it is a simple message to those people who drive very fast. The analysis of the advertisement shows that the messages in the video are...
5 Pages(1250 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 Argument and Analysis: Copyright and the 1St Amendment for FREE!

Contact Us