“A Monument for Civil Rights and Intellectual Property Right

Length: 4 Pages 876 Words

The speech that has become a symbol of the Civil Rights Movement and an embedded, interwoven piece of American history has also developed into a heated, standard-setting debate of intellectual property ownership. The Copyright Acts of 1909 and 1976 protect works from the moment it is created and fixed in a tangible form, leaving registration voluntary, but necessary if suit is to be brought for infringement. However, the 1909 version composed an important and determining difference, resulting in the legal fate of Martin Luther King Jr.’s I Have a Dream speech, which highlighted the March on Washington. According to the Eleventh Circuit Opinion that heard Estate of Martin Luther King, Jr., Inc. versus CBS, Inc., an appealed case, the legal technicality was “whether Dr. King’s attempt to obtain statutory copyright protection on September 30, 1963 [almost one month after the March on Washington] was effective, or whether it was a nullity because the speech had already been forfeited to the public domain via a general population.” (case? 2). Public performance of a work does not constitute general publication, and even though media access and service may have granted limited publication, the possession, control, benefits and r Continue...


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Technology has greatly improved the accessibility and diverseness of people attained, but the lack of respective rules have jeopardized the security of intellectual property. A legal observation in Rankin"tms article further supports this argument, King ""successfully sued a company in 1964 that sought to sell tapes of the speech in its entirety King versus Mister Maestro, Inc. For example, a current generation who benefits from the grueling work of a grandfather, commonly in the form of currency or physical property, did not create the estate but has right to it as family. This permission was momentary, to broadcast the event, and did not justify the right to later use of copies. An argument presented by CBS in the case also referenced by Goodman claimed ""Dr. The issue is much like a rapper who free verses lyrics on the spot or performs premeditated, unique prose in the presence of a public audience; in either instance the creator is equally protected under a common-law copyright. esponsibilities were entirely and rightly King"tms and is currently of the Estate"tms. For the sake of debate if the newsletter was fully authorized, the most famous portions were not printed and would be protected under a common-law copyright. Bill Rankin"tms article printed in the Atlanta Journal and Constitution quotes Joseph Beck, an attorney for the King"tms Estate, "When someone makes a speech in public, one doesn"tmt have to stand up and say, "All rights reserved"tm" (573). King gave the press advance copies of the speech; on the other hand, the most eloquent passages were extemporaneous" (574-575). The family"tms conservativeness of integrity has been maintained and not been reduced to the market-gain"tms trivialization, with example to refrigerator magnets. Granted with the rights of the speech, comes the commercial benefit, although it is comforting to know the family has through time demonstrated financial gain is not the motive of the fight.

PROFESSIONAL ESSAYS:

Martin Luther King Jr's Leadership Style
a massive nonviolent demonstration for civil rights that gathered some 200,000 people between the Lincoln Memorial and the Washington Monument, took place in (2409 10 )

Sexual Politics in Three Science Fiction Films
Both the Civil Rights Movement and the women's movement have suffered from their success terror besets her and her kingdom: Star Wars is a monument to Planet (3355 13 )

Constantine The Great
as the state religion--has made this monument the focus in the empire and restoring various rights to Christians is true, of course, that in the civil wars that (3065 12 )

China and Globalization
and western military and diplomatic rights that lasted Great Depression, and the Chinese civil war of the White House stands a miniature Washington Monument. (2887 12 )

How Globalization Affects China
and western military and diplomatic rights that lasted Great Depression, and the Chinese civil war of the White House stands a miniature Washington Monument. (2921 12 )

Battle of the Little Big Horn
course, a brilliant record in the Civil War and water on the ground around the monument in order against Native Americans ceases and their rights and history (5419 22 )