Fenty & Ors v Arcadia Group Brands Ltd (t/a Topshop) & Anor  EWHC 2310 (Ch)
International pop star Robyn Rihanna Fenty, aka Rihanna, has taken her image rights to a next level and has recently won the battle against fashion giant Topshop in the Chancery Division of the High Court.
I’m sure that both fans and fashionista’s all know the ins and outs of the case, but if you missed it here’s the lowdown; Whilst in sunny Scotland shooting her ‘We found Love’ video the photographer took a still picture of Rihanna sporting a curly hair up-do and some denim dungarees. Topshop obtained a license from the photographer, but not from Rihanna, and then printed RiRi’s face on a casual vest T, known as the ‘RIHANNA TANK’ and retailed it at £22.00 selling a total of 12,000 units between 6th March 2012 and August 2012. Continue reading
Not according to Andrew Ashworth, QC
In a pamphlet produced for the Howard League for Penal Reform, the Sentencing Advisory Panel’s ex-Chairman, Professor Andrew Ashworth QC, asks ‘what if imprisonment were abolished for property offences?’ Doing more than prompting discussion and debate, Ashworth is not shy of exposing his personal opinions however radical they may be. He states that ‘imprisonment should be abolished for property offences’ but refrains from incorporating offences which are ‘violent, threatening or sexual’ within the definition of a ‘property offence’. Thus ‘robbery [which requires the use or threat of violence], blackmail [which requires a threat], and burglary of a dwelling [which is intended also to violate the right of privacy which is guaranteed under Article 8(1) of the European Convention on Human Rights]’ are crimes excluded from Ashworth’s ‘property offence’ umbrella. Continue reading