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“Intellectual Property Right: The Case Rihanna v Topshop” sample intellectual essay

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Intellectual Property Rights (IPR) refer to the legal protection granted to intellectual creations, including patents, designs, trademarks, and copyrights. These rights are awarded to individuals or businesses responsible for creating these intellectual properties. IPR laws aim to safeguard the rights of creators, allowing them control over who can use their intellectual property and enabling them to generate income from it.

In the case of Rihanna v. Topshop, the plaintiff raised concerns related to passing off, as there were no specific laws protecting the use of public figures’ images in the UK. This study examines how Justice Birss approached the case and what led to his conclusion that the plaintiff had a legitimate claim against Topshop. It also explores the potential for an appeal and its merits.

Rihanna, a renowned pop star and fashion icon, sued Topshop for using her image on t-shirts without her permission. The defendant had obtained the image from an independent photographer who had initially taken the photo with the plaintiff’s consent during a video shoot. Rihanna’s claim was based on the unauthorized use of her image, constituting an infringement of her rights.

To establish her claim, the plaintiff had to prove that she possessed public goodwill, that the defendant’s actions involved misrepresentation, and that she had suffered losses due to these actions, following the precedent set by the case Reckitt & Colman Ltd v Borden Inc [1990] 1 All E.R. 873. While UK law does not provide direct protection for public figures’ images, it does offer safeguards for the distribution of specific photographs held privately.

The court found that the defendant’s conduct amounted to misrepresentation. Despite not using an authorization label or tag on the merchandise, the defendant’s attempts to link the plaintiff to their products created a strong conviction among customers that they had permission to use her image. The court also noted that the plaintiff’s image was a financial asset, and unauthorized use could negatively impact her career.

The court ruled that the use of the plaintiff’s image without permission had influenced the defendant’s sales, and the resulting deception had damaged the plaintiff’s goodwill. The defendant was ordered to pay legal fees and prohibited from further distributing merchandise featuring the plaintiff’s image.

Regarding the appeal, the appellate should argue that the use of the plaintiff’s image did not harm her reputation or contribute significantly to the defendant’s sales. They must demonstrate that their actions were not deceptive and that they acted in good faith. Ultimately, the success of the appeal will depend on their ability to prove that the plaintiff’s claims were not substantiated.

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American Oxygen: Rihanna Essay Sample

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American Oxygen: Rihanna

Born on February 20, 1988, in Saint Michael, Barbados, and raised in Bridgetown, Robyn Rihanna Fenty is a multi-talented artist known for her roles as a songwriter, singer, diplomat, actress, and businesswoman. She has established herself as one of the most successful figures in contemporary music. Her debut in the music industry came in 2003 with the release of her album “A Girl Like Me,” and since then, Rihanna has delivered a string of global hits, including tracks like “Take a Bow,” “Umbrella,” “We Found Love,” “Diamonds,” “Good Girl Gone Bad,” “Disturbia,” and her more recent work, “American Oxygen.”

Rihanna stands out as a modern-day musician who uses her music and its accompanying elements to challenge prevailing political stereotypes that persist in the 21st century. In her song “American Oxygen,” she delves into themes related to America and the enduring pursuit of the American dream, a concept introduced by the Founding Fathers. Her lyrics touch on issues of racial and gender equality, freedom, the pursuit of happiness, and religion. She also addresses the younger generation striving to achieve the American dream with opportunities before them. Rihanna effectively brings her political and social beliefs to the forefront through her music, aiming to promote global equality.

In “American Oxygen,” Rihanna’s music video prominently features footage and imagery from significant historical events, including President Barack Obama’s inauguration, Martin Luther King Jr.’s iconic speech, and the aftermath of the 9/11 attacks. These events have had a profound impact on the American dream throughout history. Rihanna’s intent with this song was to voice the concerns of Americans during the tenure of Donald Trump, sparking discussions and raising awareness of various political issues.

This paper seeks to uncover the musical and para-musical elements within “American Oxygen” that reveal Rihanna’s political convictions and how she employs them to initiate conversations. You can order customized essay or article on any topic from us. Rihanna uses various para-musical elements, such as her clothing choices, music video, cover art, and lyrics, to advocate for the American dream and challenge political beliefs.

The music video for “American Oxygen” is politically charged, featuring a blend of historical and contemporary footage that reflects the current state of American politics. It showcases scenes of immigration, protests, and pivotal moments in American history, including President Obama’s inauguration. Rihanna’s use of these visuals underscores the song’s message of change and hope, as well as the challenges Americans face in pursuing their dreams.

The lyrics of “American Oxygen” further reinforce Rihanna’s message of hope and struggle. Lines like “we sweat for a nickel in a dime, chasing this American dream in every breath I breathe” convey a sense of patriotism and empathy for the suffering citizens who long for change. The lyrics also touch on the plight of immigrants in America, highlighting their lack of rights and the struggles they endure.

Rihanna’s cover art for the song depicts her wearing a jacket, half-worn and half-removed, against the backdrop of an American flag. This imagery symbolizes the ongoing struggle and pain experienced by Americans due to political differences and historical events. The cover art also alludes to the tragic death of Martin Luther King Jr., creating a powerful juxtaposition of dark moments in American history.

Rihanna’s choice of clothing in the music video is another para-musical aspect that conveys her message. She dons military attire at times to draw attention to the violence and neglect faced by military personnel and their families. Additionally, her attire includes rugged jeans and a short blouse, emphasizing the plight of homeless veterans and underscoring the challenges many Americans face in achieving the American dream.

The instrumental track of “American Oxygen” features electronic instruments and percussion, with a persistent bass drum providing a steady 4/4 beat at a moderate tempo. This rhythmic foundation mirrors the struggles and perseverance of Americans in their pursuit of the American dream. The electronic elements and percussion add depth to the song’s music video, capturing the audience’s attention while portraying the reality of America’s political divisions.

Rihanna’s vocals in the song combine melodic singing, spoken word segments, and gasped panting to convey the military struggle in America. Her use of slow, trembling vocals at certain points reflects her empathy for immigrants and disadvantaged Americans. The inclusion of spoken vocals, including the announcement of Martin Luther King Jr.’s death, connects the song to ordinary citizens and adds authenticity to the video.

Harmony plays a role in the song’s evolution, transitioning from an emotional piano-chord opening to a more robust, chant-filled track. Electronic embellishments are introduced, enhancing the song’s uniqueness but occasionally making it feel somewhat disjointed. Changes in pitch emphasize the importance of the American dream and the struggle Americans must endure to achieve it.

In conclusion, Rihanna’s “American Oxygen” is a multifaceted musical and visual expression of her political beliefs and a call for change. Through para-musical elements such as clothing, music video, cover art, and lyrics, she addresses the challenges faced by Americans in pursuing the American dream and encourages them to persevere. The song’s instrumental track, vocals, and harmonies work together to create a compelling narrative that reflects the complexities of American society and politics. Rihanna’s artistic choices in this song demonstrate her commitment to addressing pressing social and political issues through her music.