Nobody downloaded yet

Copyright and the 1st Amendment - Literature review Example

Comments (1) Cite this document
The main aim of the following literature review "Copyright and the 1st Amendment" is to concern the public issue of gathering and protection of personal information among citizens for homeland security purposes, primary with reference to McLeod's works. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.3% of users find it useful
Copyright and the 1st Amendment
Read TextPreview

Extract of sample "Copyright and the 1st Amendment"

Download file to see previous pages 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. McLeod notes, “Information about citizens is collected by private companies and guarded for corporate purposes, or the use of the highest bidder” (245). The “Multistate Anti-TeRrorism Information eXchange (MATRIX) is such a program. With the MATRIX program, the US government collects information from private databases and uses it to its own ends” (McLeod 245). Though McLeod is not completely wrong to point out and argue against the dangers of this innovation. The MATRIX program implies that most of the information that was previously public is now proprietary thus it is privately owned. MATRIX collects data on every citizen. According to McCleod, “MATRIX collects a wide range of data, including pictures of the subject, one’s neighbors and family members” (McLeod, 245). Also, this information is proprietary. Although this information is a collection of events and facts from a personal as well as the public life of an individual, the owner, and creator of this information, i.e. the individual whose data was collected, has no access to it. The Freedom of Information Act does not extend to ordinary citizens as the information has been privatized (McCleod 245). According to the Privacy Act of 1974, 5 USC 552a, cl.e, the executive has the right to collect personal information for the purpose of protecting homeland security. However, individuals have a right to be informed of changes or disclosures of such information. By 2004, data were collected on 120,000 individuals, who were viewed as having “high terrorism factor” (Krouse 3). In cases where the use of the MATRIX program is not kept in check then, the misuse of the privatized information is bound to happen (McLeod 247). McLeod cites Lt. Col. Ralph Periandi, deputy commissioner for operations with the Pennsylvania state police, who argues that these data will not be used for anti-terrorist activities only (246). They are open to misuse by the members of the US law enforcement agencies. Democracy will be cut by such actions of misuse of private information The democratic right to innovate too is tied up by such practice, as the case of ElcomSoft proves. An employee of this company attended a conference where he intended to make public an ebook reader, a tool which would allow consumers to copy books legally onto a personal computer, once they paid for this service (McLeod 248). The employee was arrested, though later acquitted together with his company, as US jury decided that they were not aware of US laws regarding intellectual property rights. Despite the arguments made by McLeod, some points about legal protection of the right to privacy should not be missed. Indeed, companies use cookies to collect private data such as IP address, or the social security number (Legal Information Institute). And databases collecting data about every aspect of a person’s life intrude the private sphere.  ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(Copyright and the 1st Amendment Literature review, n.d.)
Copyright and the 1st Amendment Literature review. Retrieved from
(Copyright and the 1st Amendment Literature Review)
Copyright and the 1st Amendment Literature Review.
“Copyright and the 1st Amendment Literature Review”, n.d.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
jamesonstreich added comment 1 month ago
Student rated this paper as
The topic of "Copyright and the 1st Amendment" was impossible to find. I spent hours to find it. Here at StudentShare, I got the finest example. Many thanks!

CHECK THESE SAMPLES OF Copyright and the 1st Amendment

Argument and Analysis: Copyright and the 1St Amendment

... 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). However, curtailment of fair use is a part of a violation of a much more important right, namely the right to freedom of expression awarded under the1st Amendment. Privatization of previously public information and spaces has curtailed the 1st Amendment, thus no longer leaving much space for any type of expression on behalf of individuals. McLeod uses many different examples... ,...
12 Pages(3000 words)Essay

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


...?Running Head: A&M RECORDS, INC. V NAPSTER, INC. A&M Records, Inc. v. Napster, Inc. The case of A&M Records, Inc. v Napster (2000) 114 F Supp. 2d 896 involves Intellectual Property issues, particularly that of copyright infringement. Napster, Inc. is an internet-based company that had developed a peer-to-peer sophisticated system of file sharing that enables its users to share MP3 files with each other. This system allows its users to directly access the music files of other users, using the Napster software and by logging to it, without having such files uploaded first and subsequently downloaded from that system. This system allows the potential sharing of copyrighted materials, which can give rise to...
2 Pages(500 words)Essay

Copyright law

...?RUNNING HEAD: COPYRIGHT LAW COPYRIGHT LAW Q1 “Work made for hire” is defined under § 101, Chapter of 17 on Copyrights of the US Code as work, which is either prepared by a person as part of his work during his employment or works which are especially commissioned. The ‘work made for hire’ rule constitutes an exception to the general rule that copyright ownership naturally belongs to the author or creator of that work, implying that in such cases, the employer or the person for whom the work is done or created for is deemed the copyright owner of the work. However, this can be true only if there is no express agreement in writing signed by the parties...
3 Pages(750 words)Essay

Copyright Law

...1. Introduction .... 2 2. Research Questions...................................................................... 3 3. Literature Review ..............................................................................................3 4. Anticipated Research Design and Methodology... 7 5. Results..............8 Bibliography .......10 Title of the paper: Study of infringement of Copyright law and identifying ways of preventing illegal publishing of photographs on the internet. Purpose/Intent of the Research: To find out the ways, if any, of protecting images from being copied illegally through the internet which is a major cause of concern for the photographers. 1. Introduction The title of the...
8 Pages(2000 words)Essay

Copyright Law

...prohibits copying the work, issuing copies of the work to the public, renting or lending the work to the public, perform the work, broadcast the work, adapt or amend the work. Additionally, these acts will constitute copyright infringement if there is copying of the “substantial part” of the copyright works8. Remedies for copyright are commonly damages (often for lost royalty payments), injunctions, accounts for profits or orders for delivery up9. The fair use doctrine is the most common copyright exception under section 29(1) of the CDPA10. Alternatively, section 31 of the CDPA provides a defence of incidental inclusion of...
6 Pages(1500 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

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

1st Autism

...Historical, legal and unethical practices in education of children and adults with autism Sur s Mental development disorders, which as a consequence cause motility and speech disorders lead to autism. The origins of autism can be found even in the prenatal development of the child, though the disease affects the whole human life. Autism cannot be diagnosed with the help of medical tests. Historically diagnosis can be made only on the basis of observations after the child’s communication and behavior in the society. However, autism is accompanied by a set of stereotypes and their consequences have a significant impact on the lives of people wi`th such special needs (Newschaffer&Curran, 2003). Stereotypes about autism are more... legal and...
3 Pages(750 words)Assignment


...Copyright affiliation Copyright is an ized act that is formed by the statute of a nation, which awards the inventor of unique work exclusive privileges to its application and distribution. This study focuses on copyright infringement and the rights of media consumers, how these infringements affect the businesses and media creators financially. Additionally, it also looks at two music-streaming services that are the Pandora and Spotify. Lastly, it talks about the copyright regulations in the United States of America. CopyrightCopyright is an authorized act that is formed by the decree of a nation which awards the inventor of a unique work exclusive privileges to its application and distribution. This is usually for a short period... , with...
5 Pages(1250 words)Research Paper
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 Literature review on topic Copyright and the 1st Amendment for FREE!

Contact Us