Historical Sexual Abuse Claims Dating From The 1970 S

Question 4 Explain fully the issues involved in the High Court decision in Stingel v Clark (2006) 226 CLR 442. Did the High Court reach the right decision in this case? Contextual Analysis In Stingel v Clark (2006), plaintiff, Carol Ann Stingel sued Geoff Clark over alleged historical sexual abuse claims dating from the 1970‟s. 1 In this case, the High Court had opted not to follow the earlier House of Lords authority of Stubbings v Webb, 2 â€Å"which had denied that the commencement of a limitation period could be delayed until the date of the injured person s knowledge in the case of an intentional assault†.3 Instead the High Court relied on the interpretation of Section 5(1A) of the Limitation of Actions Act 1958 (Vic), which reads as follows: â€Å"An action for damages for negligence nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff consist of or include damages in respect of personal injuries consisting of a disease or disorder contracted by any person may be brought not more than six years from and the cause of action shall be taken to have accrued on the date on which the person first knows – (a) That he has suffered those personal injuries; and (b) that those personal injuries were caused by the act or omission of some person.† In handing down the decision, The High Court submitted that Ms Stingel wasShow MoreRelatedGirl Gangs and the Female Crime Wave in America Essay6758 Words   |  28 Pagesbegan to surface as a serious problem in America. 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The doctrine of personality rights in the UK - Free Essay Example

Sample details Pages: 10 Words: 3091 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? The United Kingdom has never acknowledged a specific doctrine of à ¢Ã¢â€š ¬Ã‹Å"personality rightsà ¢Ã¢â€š ¬Ã¢â€ž ¢; the law provides neither coherent nor consistent protection, as the courts are à ¢Ã¢â€š ¬Ã‹Å"sceptical about creating monopoly rights in nebulous concepts such as names, likeness or popularityà ¢Ã¢â€š ¬Ã¢â€ž ¢.[1] Therefore celebrities and other high-profile individuals rely on a combination of passing off, trademark, copyright and privacy laws for protection of the commercial value of their personality. None of these were invented to protect personality rights; however they are gradually developing to adjust to the commercial reality of the value of celebrity merchandising and endorsements. Misleading the public by giving a false impression of endorsement of a product by a celebrity has been to commit the tort of passing off for over a decade.[2] The tort of passing off was traditionally defined as à ¢Ã¢â€š ¬Ã‹Å"nobody has the right to represen t his goods as the goods of someone elseà ¢Ã¢â€š ¬Ã¢â€ž ¢.[3] The à ¢Ã¢â€š ¬Ã‹Å"classical trinityà ¢Ã¢â€š ¬Ã¢â€ž ¢ is necessary to succeed in passing off: à ¢Ã¢â€š ¬Ã‹Å"the goodwill or reputation must be attached to the products or services of the plaintiff, the misrepresentation must lead to the confusion as to the source of the goods and services, and this confusion must cause damage to the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢.[4] In the case of Fenty Ors v Arcadia Group Brands Ltd (t/a Topshop) Anor,[5] high street fashion retailer Topshop licensed an image of popstar Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s face from a photographer and printed it on a t-shirt without either her permission being sought nor obtained. Don’t waste time! Our writers will create an original "The doctrine of personality rights in the UK" essay for you Create order Rihanna then sued for passing off. Mr Justice Birss applied the doctrine to the dispute. Although on very particular facts, Birss J found in favour of Rihanna and established a general principle that arguably goes against any celebrities who might have hoped to see the creation of a doctrine of personality rights. This decision develops the tort of passing off to small degree whilst emphasising that, in each case, the facts are decisive.[6] The debate about the recognition of personality rights in the UK is gathering impetus in the wake of Fenty with academics like Walsh questioning if à ¢Ã¢â€š ¬Ã‹Å"personality rights are finally on the agendaà ¢Ã¢â€š ¬Ã¢â€ž ¢.[7] In the 1970s the UK courts were regularly unwilling to find false impressions relating to merchandising resulted in misrepresentation because of the need to show that they were engaged in a à ¢Ã¢â€š ¬Ã‹Å"common field of activityà ¢Ã¢â€š ¬Ã¢â€ž ¢. This introduced a somewhat blunt test for confusion and there often wou ld be no proximity between, for example, a radio broadcaster and a cereal manufacturer.[8] Until the test was discarded, at least as an absolute condition,[9] it limited attempts to expand the categories of misrepresentation to cover licensing connections.[10] Where the absence of a common field of activity was not conclusive the court for example held the use of the name of the pop group Abba on merchandise did not amount to passing off on the basis that there was no real possibility that the public would be confused into thinking that Abba had approved the goods merely because their name or photograph appeared on them.[11] Likewise the use of a photograph of the Spice Girls on the cover of a sticker collection was held not to constitute passing off.[12] An important exception came when it was held passing off had been established where cartoon characters, the Teenage Mutant Ninja Turtles, were on clothing without authorisation, since the public did expect the goods to be licensed. [13] This case was distinguished from the Abba scenario on the basis that it was brought in the context of the unauthorised reproduction of images of cartoons in which copyright existed, rather than the image or name of a celebrity. Yet the decision is generally viewed as opening up character merchandising law in the UK. In the seminal case of Irvine Laddie J held passing off covered cases of false endorsement, like where Talksport had altered an image of racing driver Eddie Irvine to have him hold a branded Talksport radio for advertising purposes without his permission. Laddie J considered the increasingly popular marketing practice of personality licensing, including the licensing of a personalityà ¢Ã¢â€š ¬Ã¢â€ž ¢s name or likeness outside a celebrityà ¢Ã¢â€š ¬Ã¢â€ž ¢s area of expertise as a common and lucrative practice for them, to reject the à ¢Ã¢â€š ¬Ã‹Å"common  ¬Ãƒâ€šÃ‚ eld of activityà ¢Ã¢â€š ¬Ã¢â€ž ¢ condition. Laddie J identified the inherent flexibility of passing off by saying à ¢Ã¢â€š ¬Ã‹Å"the sort of cases which come within the scope of a passing off action has not remained stationary over the yearsà ¢Ã¢â€š ¬Ã‚ ¦passing off is closely connected to and dependent upon what is happening in the market placeà ¢Ã¢â€š ¬Ã¢â€ž ¢.[14] Although Irvine was celebrated as a turning point in the protection of personality rights, the important limitation in the judgment was that passing off was limited to false endorsement and excluded merchandising cases. The classic celebrity-merchandising situation seems similar: the celebrity has a reputation and the public knows that it is common practice for celebrities to market their popularity by granting merchandise licenses.[15] Laddie J differentiated between cases of endorsement and merchandising, however in Fenty Birss J approved Laddie Jà ¢Ã¢â€š ¬Ã¢â€ž ¢s reasoning but made it clear there is no difference in merchandising cases and that the legal principles apply equally well in passing off if the public had been deceived into thinking the celebrity had authorised the product. Rihanna easily established sufficient goodwill in the fashion industry, as a style icon because of her à ¢Ã¢â€š ¬Ã‹Å"cool, edgy imageà ¢Ã¢â€š ¬Ã¢â€ž ¢.[16] This was demonstrated in her endorsement contracts with Nike and Gillette, her fashion design and promotion work with rival retailer River Island, and she had worked with HM, Gucci and Armani to collaborate on and design clothing. Birss J therefore stated Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã‹Å"identity and endorsement in the world of high street fashion was perceivedà ¢Ã¢â€š ¬Ã‚ ¦to have tangible value by an organisation well placed to knowà ¢Ã¢â€š ¬Ã¢â€ž ¢.[17] Misrepresentation was the key issue. Topshop argued the clothing was simply a t-shirt bearing an image of Rihanna and the public had no expectation that it was authorised by her, whereas Rihanna contended that the particular facts of the case meant customers were misled into believing she had endorsed the t-shirt herself. The court considered the point in depth, addressing the various circumstances before considering the issue as a whole. Certain evidence considered was found to be neutral to finding a misrepresentation. The fact there was other unauthorised clothing bearing Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s image on sale did not imply that the public would necessarily believe that such clothing was authorised. Topshop had sold both clothing bearing authorised images and clothing, which was approved or endorsed by celebrities. Overall, its customers were neutral: having no positive expectation either way when considering clothing bearing a celebrityà ¢Ã¢â€š ¬Ã¢â€ž ¢s image. Also the t-shirt was fashionable and on sale in a high street retailer. Certain factors indicated finding in Topshopà ¢Ã¢â€š ¬Ã¢â€ž ¢s favour. Some of Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s official merchandise included an à ¢Ã¢â€š ¬Ã‹Å"R slashà ¢Ã¢â€š ¬Ã¢â€ž ¢ trademark logo or her name, the t-shi rt lacked both, and apart from a few days online the word à ¢Ã¢â€š ¬Ã‹Å"Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢ was not used at all. There was also no genuine evidence of actual confusion. However on balance, significant factors supported RIhanna. Topshop had made considerable effort to emphasise connections in the public consciousness between the store and celebrities notably Kate Moss, and now more importantly Rihanna. This made it more likely purchasers would conclude that the t-shirt was authorised and being a fashion retailer, consumers would reasonably expect Topshop to publicise and sell products authorised by celebrities. Topshopà ¢Ã¢â€š ¬Ã¢â€ž ¢s prior association with Rihanna was important as Topshop ran a competition in 2010 to win a personal shopping appointment with Rihanna. Rihanna also visited Topshop in 2012 which they chose to publicise by tweeting to their 350,000 Twitter followers, just before the t-shirt went on sale à ¢Ã¢â€š ¬Ã¢â‚¬Å" a significant commercial communication in the eyes of Birss J, to a demographic who valued social media highly. Topshop had therefore repeatedly associated itself and it products with Rihanna in a high-profile manner and this demonstrated Topshop were looking to take advantage of Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s position as a style icon. The image on the t-shirt was taken during the video shoot of RIhannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s single à ¢Ã¢â€š ¬Ã‹Å"We Found Loveà ¢Ã¢â€š ¬Ã¢â€ž ¢ from her 2011 à ¢Ã¢â€š ¬Ã‹Å"Talk that Talkà ¢Ã¢â€š ¬Ã¢â€ž ¢ album. Importantly, it showed Rihanna with the same hairstyle and headscarf as the album cover. This meant that the image was not just recognisably Rihanna but looked like a promotional shot for the music release. The court found that it was entirely likely that, to her fans, the image might be regarded as part of the marketing campaign. This was a critical point in the decision. Although Birss J believed a à ¢Ã¢â€š ¬Ã‹Å"good numberà ¢Ã¢â€š ¬Ã¢â€ž ¢ of purchasers would buy the t-shirt withou t considering the question of authorisation, he concluded that, in the circumstances, a substantial proportion of those judging the t-shirt (specifically Rihanna fans) would be encouraged to think that it was clothing authorised by the popstar. They would have recognised that particular image of Rihanna not simply as an image of her but as a particular image of her connected with the particular context of the album. Many of these purchasers would have bought the product because they thought that Rihanna had authorised it; others would have bought it because of the value of the perceived authorisation itself. In each case, the idea that it was authorised was part of what motivated them to buy the product and in each case they would have been deceived. The test for damage was also easily satisfied. If a substantial number of purchaserà ¢Ã¢â€š ¬Ã¢â€ž ¢s were deceived into buying the t-shirt because of a false belief that it was authorised by Rihanna herself, then that would have da maged Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s goodwill, both by way of sales lost to her merchandising business and a loss of control over her reputation in the fashion sphere.[18] Considering the particular facts, it is not surprising Birss J found in Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s favour. The classical trinity of passing off were fulfilled, however this decision is unlikely to open the floodgates for cases to be brought every time a celebrityà ¢Ã¢â€š ¬Ã¢â€ž ¢s image is used without a merchandising license, as it was made clear à ¢Ã¢â€š ¬Ã‹Å"the mere sale by a trader of a t-shirt bearing an image of a famous person is not without more, an act of passing offà ¢Ã¢â€š ¬Ã¢â€ž ¢.[19] Birss J was eager to emphasise that à ¢Ã¢â€š ¬Ã‹Å"there is today in England no such thing as a free standing general right by a famous person (or anyone else) to control reproduction of their image.à ¢Ã¢â€š ¬Ã¢â€ž ¢[20] The judgment is useful as a confirmation of the general principles of passing off applied to unau thorised use of celebrity images.[21] If the UK is approaching the creation of a doctrine of personality rights in some form, it is necessary to analyse the justifications and gauge whether they are robust enough to validate the subsequent restraints that would be placed upon society. The justifications suggested in support of personality rights fall largely into three groups: moral, economic and consumer protection arguments. The labour-based moral justification is founded on John Lockeà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory of property.[22] Essentially, itprovidesthat an individualhasamoralrightintheobjectofvaluetransformedbecauseoftheir efforts. Nimmer supported this point by contending that the person who has à ¢Ã¢â€š ¬Ã‹Å"long and laboriously nurtured the fruit of publicity valuesà ¢Ã¢â€š ¬Ã¢â€ž ¢ and has spent à ¢Ã¢â€š ¬Ã‹Å"time, effort, skill, and even moneyà ¢Ã¢â€š ¬Ã¢â€ž ¢ in their creation, is presumably allowed to enjoy it.[23] Professor McCarthy feels personality rights are à ¢Ã¢â€š ¬Ã‹Å"a à ¢Ã¢â€š ¬Ã…“common-senseà ¢Ã¢â€š ¬Ã‚ , self-evident right needing little intellectual rationalisation to justify its existenceà ¢Ã¢â€š ¬Ã¢â€ž ¢.[24] However, Madow deconstructs these arguments by contending that fame is something à ¢Ã¢â€š ¬Ã‹Å"conferred by othersà ¢Ã¢â€š ¬Ã¢â€ž ¢ and is not necessarily down to the efforts of the individual.[25] Moreover according to Madow the labour argument ignoresthe fundamentalrole themediaplayinthecreationofcelebrities.He uses the example of Einstein andobservesthatthemedia selectedhim becausehedidinterviews, wasquotable and hehadtherightà ¢Ã¢â€š ¬Ã‹Å"lookà ¢Ã¢â€š ¬Ã¢â€ž ¢.[26]TheimageofEinsteinthat is familiar today,what itmeanstothe pubic themadbutpleasant scientistwith bushywhitehairandmoustache wasa personality createdby themedia. Therefore only when the media and public take notice and attach importance to a personal image can it fully enter into the market place.[27] Thus contrary to the statement by McCarthy, i t would appear a celebrity cannot justify that they solely created their public image and consequently cannot stake an indisputable moral claim to the exclusive ownership or control of the economic value that comes with it. Personality rights can also be justified on economic arguments. Economic theory proposes persons should be economically incentivised into à ¢Ã¢â€š ¬Ã‹Å"undertaking socially, enriching activitiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ such as creating a persona that benefits society culturally,[28] and this creativity can only be encouraged if the person is given exclusive right to control their creations, because this à ¢Ã¢â€š ¬Ã‹Å"provides incentive for performers to make economic investments required to produce performances appealing to the publicà ¢Ã¢â€š ¬Ã¢â€ž ¢.[29] However Carty doubts whether personality rights would produce increases in à ¢Ã¢â€š ¬Ã‹Å"economic activityà ¢Ã¢â€š ¬Ã¢â€ž ¢ or à ¢Ã¢â€š ¬Ã‹Å"innovationà ¢Ã¢â€š ¬Ã¢â€ž ¢.[30] Following Madowà ¢Ã¢â€š ¬Ã¢â€ž ¢s ideas, the UK is currently without a personality right, yet celebrities still gain significant income from their publicity values and failure to introduce such a right in the future will not stop individuals profiting from the income already gained through endorsements and merchandising officially authorised by them.[31] According to Madow such protection also has à ¢Ã¢â€š ¬Ã‹Å"distributional consequencesà ¢Ã¢â€š ¬Ã¢â€ž ¢,[32] whereby personality rights elevate the price of merchandise and advertising in general, placing more wealth in the hands of a select few, who already derive significant income, and away from the mass of consumers making up society.[33] Another justification for personality rights is the consumer protection argument focusing on the idea that without protection, the public will be misled about the authorisation of a celebrityà ¢Ã¢â€š ¬Ã¢â€ž ¢s association with a product or service. At first sight the consumer protection argument appears advisable, joini ng protection of the celebrityà ¢Ã¢â€š ¬Ã¢â€ž ¢s success with protection of the consumer, and it mirrors the traditional rationale for trademark and passing off.[34] However personality rights would allow celebrities to stop commercial uses of their personas that are not fraudulent or deceptive, and Professor Shiffrin states personality rights give celebrites power à ¢Ã¢â€š ¬Ã‹Å"to control the dissemination of truth for his or her own profità ¢Ã¢â€š ¬Ã¢â€ž ¢.[35] On another level, Madow argues the degree to which personality rights would stop the consumer being misled is generally superfluous,[36] because in situations where there is a realistic chance that, consumers will be deceived or confused about a celebrityà ¢Ã¢â€š ¬Ã¢â€ž ¢s association or endorsement, legal mechanisms better adapted for that reason already exist, notably passing off. In conclusion, the extent to which Fenty constitutes a creation of a doctrine of à ¢Ã¢â€š ¬Ã‹Å"personality rightsà ¢Ã¢â€š ¬Ã¢â€ž ¢ is limited. In the words of Roberts à ¢Ã¢â€š ¬Ã‹Å"this judgment does not change the law; and it does not create an à ¢Ã¢â€š ¬Ã…“image rightà ¢Ã¢â€š ¬Ã‚ . It simply applies the existing doctrine of passing off to the evolving commercial reality of the value of celebrity endorsementsà ¢Ã¢â€š ¬Ã¢â€ž ¢.[37] The decision is important as it improves a flaw in the Irvine verdict,[38] in the same way that Irvine marked the first time that passing off was applied to false endorsement, Fenty is the first time it has been applied to false merchandising featuring a real person, with merchandising claims having only previously succeeded in relation to fictional characters,[39] and indicates that UK courts are slowly recognising the need to protect the commercial value of celebrity merchandising. It is clear from the case that the result was carefully balanced on particular facts and that if for example Rihanna had not been a fashion icon or the image was different she would have less chance of being successful. Fenty highlights the issue of misrepresentation is however always one of fact, and the false belief of the purchaser is key: to constitute passing off, a false belief incited in the mind of the prospective purchaser must play a role in their choice to buy. Although there are persuasive advocates of the creation of a doctrine of personality rights,[40] and there is also no definite rationale for an absolute rejection,[41] it would seem the decision in Fenty should be welcomed because there are substantial drawbacks in the moral, economic and consumer protection justifications put forward. The decision develops passing off to a small degree to keep up with modern business practice without creating personality rights, which are not necessary as celebrities are already sufficiently protected. The tort of passing off has again demonstrated its inherent flexibility and that it is à ¢Ã¢â€š ¬Ã‹Å"closely connected to and dependent upon what is happening in the market pl aceà ¢Ã¢â€š ¬Ã¢â€ž ¢. To sum up, à ¢Ã¢â€š ¬Ã‹Å"without an element of consumer deception, English law in this area remains characteristically cautiousà ¢Ã¢â€š ¬Ã¢â€ž ¢,[42] and this should be welcomed. [1] J. Klink, à ¢Ã¢â€š ¬Ã¢â€ž ¢50 years of Publicity Rights in the United States and the Never Ending Hassle with Intellectual Property and Personality Rights in Europeà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2003), 4 IPQ 363, p.366. [2] Irvine v Talksport Ltd [2003] EWCA Civ 423 [3] Reddaway v Banham (1896) 13 RPC 218 at 244 per Lord Halsbury [4] Reckitt Colman v Borden [1990] 1 WLR 491 at 499 per Lord Oliver [5] [2010] EWHC 2310 (Ch) [6] D. Meale, à ¢Ã¢â€š ¬Ã‹Å"Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s face on a T-shirt without a licence? No, this time ità ¢Ã¢â€š ¬Ã¢â€ž ¢s passing offà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2013) 8(11) JIPLP 823, p.823. [7] C. Walsh, à ¢Ã¢â€š ¬Ã‹Å"Are personality rights finally on the UK agenda?à ¢Ã¢â€š ¬Ã¢â€ž ¢, (2013) 35(5) EIPR 253, p.253. [8] McCulloch v Lewis A May [1947] 2 All ER 845 [9] Lyngstad v Anabas Products [1977] FSR 62 at 67; [10] Wombles Ltd v Wombles Skips Ltd [1975] FSR 488 Ch D; [11] Lyngstad v Anabas Products [1977] FSR 62 [12] Halliwell O rs v Panini Ors (6 June, 1997, unreported) [13] Mirage Studiosv Counterfeat Clothing [1991] FSR 145 [14] [2002] FSR 60 at para 13-14 [15] J. Klink, op.cit., p.375. [16] Fenty v Topshop [2013] EWHC 2310 (Ch) at [46] [17] Ibid at [42] [18] Ibid at [72] [19] Ibid at [75] [20] Ibid at [2] [21] H. Beverley-Smith and L. Barrow, à ¢Ã¢â€š ¬Ã‹Å"Talk that tortà ¢Ã¢â€š ¬Ã‚ ¦of passing off: RIhanna, and the scope of actionable misrepresentation: Fenty v Arcadia Group Brands Ltd (t/a Topshop), (2014), 36(1) EIPR 57, p.61. [22] J. Locke, The Second Treatise of Government, (New York: Liberal Arts Press, 1952) [23] M.B. Nimmer, à ¢Ã¢â€š ¬Ã‹Å"The Right of Publicityà ¢Ã¢â€š ¬Ã¢â€ž ¢, (1954) 19 Law and Contemporary Problems 203, p.216. [24] J.T. McCarthy, The Rights of Publicity and Privacy, (New York: C.Boardman, 1987), s.1.1[B] [2] at 1-5; s.1.11[C] at 1-46. [25] M. Madow, à ¢Ã¢â€š ¬Ã‹Å"Private Ownership of Public Image: Popular Culture and Publicity Righ tsà ¢Ã¢â€š ¬Ã¢â€ž ¢, (1993), 81 CLR 125, p.182. [26] Ibid, p.190 [27] J. Fowles, Celebrity Performers and the American Public, (Washington D.C.: Smithsonian Institute Press, 1992), p.84. [28] J.T. McCarthy, à ¢Ã¢â€š ¬Ã¢â€ž ¢Melville B. Nimmer and the Right of Publicity: A Tributeà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1987) 34 UCLA LR1703, p.1710. [29] D.E. Shipley, à ¢Ã¢â€š ¬Ã‹Å"Publicity Never Dies: It just Fades Away, (1981) 66 Cornell LR 673, p.681. [30] H. Carty, à ¢Ã¢â€š ¬Ã‹Å"Advertising, Publicity Rights and English Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2004) 3 IPQ 209, p.251. [31] M. Madow, op.cit., p.211 [32] Ibid, p.218. [33] Ibid [34] H. Carty, op.cit., p.252. [35] S. Shiffrin, à ¢Ã¢â€š ¬Ã‹Å"The First Amendment and Economic Regulations: Away from a General Theory of the First Amendmentà ¢Ã¢â€š ¬Ã¢â€ž ¢, (1983) 78 NW ULR 1212, p.1258. [36] M. Madow, op.cit., p.233. [37] J. Roberts, à ¢Ã¢â€š ¬Ã‹Å"Face off: Rihanna wins à ¢Ã¢â€š ¬Ã…“image rightsà ¢Ã¢â€š ¬Ã‚  ca seà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2013), 24(8) Ent LR 283, p.285. [38] A. De Landa Barajas, à ¢Ã¢â€š ¬Ã‹Å"Personality rights in the United States and the United Kingdom à ¢Ã¢â€š ¬Ã¢â‚¬Å" is Vanna too much? Is Irvine not enough?à ¢Ã¢â€š ¬Ã¢â€ž ¢, (2009) 20(7) Ent LR 253, p.258. [39] J. Roberts, op.cit., p.285. [40] S. Bains, à ¢Ã¢â€š ¬Ã‹Å"Personality rights: should the UK grant celebrities a proprietary right in their personality? Part 2à ¢Ã¢â€š ¬Ã¢â€ž ¢, (2013) 18(6) Ent LR 205 [41] [42] H. Beverley-Smith, op.cit., p.61.

Analysis Of Nothing Gold Can Stay - 1355 Words

Robert Frost wrote Nothing Gold Can Stay in 1923. Frost wrote this poem out of fear the world would end. He did not publish the entire poem and modified the first section. The first section is what is featured in print. By not publishing the entire piece, this leads me to believe he was going to publish the whole piece for a different reason than the reason he only published part of it. He may have targeted one audience with all of the piece, but then another audience with only part of the piece. Although Nothing Gold Can Stay has rhyming and emotions, it is a narrative, a poem that tells a story. It is a story of the seasons. It starts with spring and summer, and then it transitions into fall. To others, it could be a story that†¦show more content†¦Although it is a passage of time through the seasons, it could also be a passage of time throughout life, like I mentioned previously. Whenever we start as a baby, that is like spring. As we start aging, we also start dying, which is like fall. Nature is the name of the character in Robert Frosts, Nothing Gold Can Stay. Since Nature is the name of the character, it does suggest extra meaning to the poem. Provided that Nature is the character of the poem, the poem is definitely about the coming and going of the seasons. Rather than Robert Frost deliberately concealing information from the readers, he lets the readers imaginations float free by providing them with just enough information. The only thing that he doesnt tell us is what the gold symbolizes, which is up to us to decide. For the poem to have meaning to the reader, the reader has to have something that the gold symbolizes. The poem doesnt stress cultural ideas, such as the behavior, dress, or speech habits of a particular group or a historical period or event, whereas other poems about life and death could stress cultural ideas with ease. Robert Frost doesnt use any dialect, slang, or foreign words, provided that he is talking about nature and the seasons, which is everywhere in the world. Because Nothing Gold Can Stay talks about real things, it is an obvious reality; it is about the changing of seasons and the passing of a lifetime. The poem doesnt mention anything that is unrealistic orShow MoreRelatedAnalysis Of Nothing Gold Can Stay937 Words   |  4 Pagespolitical climate. This piece is a collection from 20th century poetry. This poem is a narrative about how nothing gold can stay. It is telling about anything perfect and beautiful and how they end up not staying. For example, when a baby is born and a mother gets to see her child for the first time, that is gold. Once it grows up it will not be innocent and perfect. The title Nothing gold can stay is relatively self explanatory with a little help from someone who knows a little about the poem. I didntRead MoreAnalysis Of Nothing Gold Can Stay1440 Words   |  6 PagesNothing Gold Can Stay was written post-World War 1, even though the poem was actually originally written in fear of the world ending. Eventually, however, the original poem did not make the mention to the Garden of Eden and rather expressed the poets fears of the world ending. Nothing Gold Can Stays style is a narrative, telling the story of natures or humans gold in a very musical and lyrical way, one where you could almost sing it as a song, should there be more lines of verse, like how itRead MoreAnalysis of Nothing Gold Can Stay2767 Words   |  12 PagesNOTHING GOLD CAN STAY Robert Frosts poem, Nothing Gold Can Stay, although quite short, contains powerful images that provide a unique insight to one of the many cycles of life. The title of the poem infers that the subject of this poem is something that was once beautiful and pure, but cannot remain so. On the surface, it seems the speaker of the poem is referring to Natures beauty can never remain. The first couplet Natures first green is gold/Her hardest hue to hold could represent theRead MoreAnalysis Of The Poem Nothing Gold Can Stay756 Words   |  4 Pagespoem, ‘Nothing Gold Can Stay’, by Robert Frost is an important part of S.E. Hinton’s The Outsiders. Explain how the poem relates to the key events in the novel. The Outsiders, a coming-of-age novel written by S.E.Hinton, tells the story of the loss of innocence due to violence and grief through fourteen year old Ponyboy Curtis’ eyes. Robert Frost’s 1923 poem, Nothing Gold Can Stay, is referred to in the novel. The author deliberately includes the poem to reject the idea of Nothing Gold Can Stay; showRead MoreAnalysis Of The Poem Nothing Gold Can Stay1262 Words   |  6 Pagesonce the poem was published the author of the poem Nothing Gold Can Stay was Robert Lee Frost. I think Robert frost based his poem on things he has seen in his life and based it off of nature. the poem was written in 1923. the poem was one of many poems the author robert frost wrote, its own poem but has the same author of multiple poem the main style of this poem is narrative. I think its narrative because the poem tells a story and digs deep into things found in nature. its not focused on a personRead MoreAnalysis Of Nothing Gold Can Stay By Robert Frost742 Words   |  3 Pagespoems story behind it. The title Nothing Gold Can Stay gives us a mood of sadness and loss. The title is not representing a contrast between two things, it is simply giving you an idea of the poems meaning. When you hear Nothing Gold can stay you think of loss and something precious being lost. Repetition in the Poem Even though the poem is rather short and doesnt contain much repetition; the word gold is used frequently because gold is what is symbolizing somethingRead MoreLiterary Analysis Of Robert Frosts Nothing Gold Can Stay970 Words   |  4 Pagespoetry. The style of Roberts Frosts poem Nothing Gold Can Stay, is a little bit of a confessional poem. I think this because it is maybe reflecting someones memories or experiences from the past about creation. As well as talking about seasons changing. An example of this is in the poem when it says But only so an hour. is talking about how our memories and life experiences are short. I think the title of Robert Frosts poem Nothing Gold Can Stay is not completely obvious. I know this becauseRead MoreEssay on Analysis of Robert Frosts Poem, Nothing Gold Can Stay707 Words   |  3 PagesAnalysis of Robert Frosts Poem, Nothing Gold Can Stay Robert Frost has a fine talent for putting words into poetry. Words which are normally simplistic spur to life when he combines them into a whimsical poetic masterpiece. His Nothing Gold Can Stay poem is no exception. Although short, it drives home a deep point and meaning. Life is such a fragile thing and most of it is taken for granted. The finest, most precious time in life generally passes in what could be the blink of an eye.Read MoreLiterary Analysis : Nothing Gold Can Stay By Robert Frost975 Words   |  4 Pagesbecause it is short and rhymes. There is a longer verision that has more stanzas. That poem would be a narative because it was long and told a story. Frost had intence feelings in Nothing Gold Can Stay. Nothing Gold Can Stay by Robert Frost was not obvious the reader had to make inferences of what the phrase nothing gold can stay is talking about. Since Frost was taking a political and dark view on might assume he would be representing how he believed the world was ending and being changed. In the 1920sRead MoreLiterary Analysis Of Robert Frosts Nothing Gold Can Stay893 Words   |  4 PagesThe author of Nothing Gold Can Stay is Robert Frost. He wrote the poem in 1923. Frost was born March 26, 1874 in San Fransico. His parents were William Prescott Frost and Isabelle Moodie. When he was in high school he started to get intersed in reading and writing poetry. After leaving school, Frosthad jobs as a teacher, a cobbler, and the editor of Lawrence Sentinel. His first poem published was My Butterfly, on Nov. 4th 1894 it appeared in the New York newspaper The Independent. And in 1895

Downsizing Essay Research Paper In today s free essay sample

Downsizing Essay, Research Paper In today s universe retrenchment has become good known in the corporate and concern universe. How do we as directors handle the effects of retrenchment, and is it ethical to downsize? These are two really of import inquiries and must be given a great trade of idea and consideration to all of those who are affected when it comes to downsizing in the corporate and concern universe. Over the last few old ages in organisations all around the universe we have seen phenomenal retrenchment. If you had drawn the typical organisation five old ages ago it would hold looked like a Christmas bar, today it looks more like a battercake ( Garters, Reg 4 ) . Corporations announced 677,795 occupation cuts in 1998, the highest figure of the decennary ( Hoffman, 1 ) . This is a really high figure for 1998, how will it be in the new millenary? The one chief inquiry is, is downsizing ethical? That is a difficult inquiry to inquire. We will write a custom essay sample on Downsizing Essay Research Paper In today s or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Some say it is, where others say it is non, and is necessary for a corporation to maintain bing in to twenty-four hours s market. When it comes down to downsizing I found it interesting from one writers position of the values to hold on a set of values to utilize as a mention point. Kenneth W. Johnson uses the acronym EPIC to specify the values set: E=Empathy- caring about the effects of 1s picks as they affect others. Bing concerned with the consequence one s determinations have on those who have no say in the determination itself. P=Patience- taking clip to see and consider the long-run effects of a pick before doing that pick and moving upon it. I=Integrity- devising picks that are consistences with each other and with the stated and operative values on empress. Endeavoring for ethical congruity in one s determinations. C=Courage- choosing to make what one believes is right even if the consequence will non be to everyon # 8217 ; s wishing or may take to personal loss. As directors how do we pro tect ourselves lawfully and with every bit much easiness as possible of the hurting of downsizing? One manner is to do certain you have a concern justification. The company establishes credibleness with both the departing and staying staff by holding a well-communicated consolidation program. A written statement that explains the concern grounds for the staffing alterations is imperative ( Hoffman, 1 ) . Review plant-closing ordinances to guarantee conformity with presentment Torahs for employees, province and local authorities functionaries. The written presentment should include the day of the month of the layoff, the justification, name and reference of unemployment, and the name of the province authorization you will be advising ( Hofffman, 1 ) . Measure the different occupations and see if they can be combined and so look at the employee s and see if they besides can be combined to those occupations. Most directors like to maintain the most productive employee s than those who are non. Before you do this do certain you have public presentation reappraisals on all employees or it could come back at you, because it is difficult plenty to put off employees. To do things a little easier the employees should hear of the downsizing signifier you every bit early as possible. That manner they can get down the procedure of looking for another occupation. The chief thing is to maintain in head is to handle those, as you would desire to be treated, that type of regard can travel a long manner. There are many more Hagiographas on this type of subject and others when it comes to concern, and I myself found it interesting, and at times a small frustrating to read what some concerns can or wont do for their employees. I know I will make every thing in my power to make right even if at times they may believe it is non. As for the category it would be wise to cognize the Immigration and Naturalization Services and outs of downsizing for legal proposes and for personal proposes. The cognition can travel a long manner and do it a small better for all of those concerned.

My Favorite Room (528 words) Essay Example For Students

My Favorite Room (528 words) Essay My Favorite RoomMy Favorite RoomCreated By My Recreation room is an excellent place to lounge; it is the den in my home. Where my family can listen to music, or just getaway from the rat race of society. This den offers superior comfort and entertainment. It is a â€Å"no work area†, which creates a soothing and peaceful environment. This room represents total rest and relaxation for the whole family. My family enjoys the den, because the air is cool with the slight fragrance of lemon pledge. The floors are of very thick soft carpet, for walking or lying. The ceilings are a mere six-feet, and walls of paneling in light colored oak. There is one window on each side of the room and one entrance door. The room has soft wall lighting and a comfortable living room suit for watching movies. The furniture is large and of contemporary styling. The couch has all the lazy boy features and is made of the finest soft Italian leather. In front of that is a large coffee table of thick glass supported by thick gray marble and end tables that match. The entertainment center is a full wall unit made of red oak. The entertainment center offers a wood bound big screen television. It has awesome surround sound and complete remote features. It is equipped with a digital videodisc player, that adds to the televisions’ clarity for life like action movies. The center also houses a full collection of digital videodisc movies for the families’ viewing pleasure. The stereo is located in the top of the wall unit. It consists of a high-end receiver, a digital optical compact disc player, and the traditional double cassette player. These items allow very high quality music to be played at high and low volumes. The speakers are carefully placed to allow my family and guest to hear real quality surround. On the sides of the center are CD racks that have a wide array of music. There are two types of games available, a Nintendo 64 and a pool table. The pool table is a Brunswick Bristol with a slate top and quiet rubber pockets. This table and Nintendo allows for the family to enjoy a friendly game during the day for stress relief and recreation. A refrigerator is available with soothing refreshments and hardy snacks for family and friends to enjoy. A few other features have been added to create an environment with reduced stress and enhanced relaxation. The installation of soundproofing was added to the walls for reduction of outside noise and greater acoustics. Some rules were put in place to maintain a peace of mind, Music must be at low volumes at night, and Games will only be played during the day. These rules will allow the preservation of the rooms serenity. This den has the properties of rest and relaxation for the whole family. It would be almost impossible not to enjoy this room. This room may not be the dream of everyone, but it is one of mine. It allows the family to sit and rest and enjoy life together in peace and harmony. English Essays