An Irish-based website company is being sued by Playboy magazine for breach of copyright of pictures of superstar model Kate Moss.
Playboy has claimed in the High Court in Dublin that Entertainment Media Networks, based in Great Strand Street near central Dublin, breached copyright by publishing a link to exclusive photos of Moss “in various states of undress.”
The photographs were used in the magazine’s 60th anniversary edition in December last year, the court heard.
But before the magazine went into the shops the photographs were shown on entertainment.ie, which is owned by Entertainment Media Networks and which features listings for television, live music, cinema and theater.
California-based Playboy says entertainment.ie caused it significant loss and damage as well as damage to its reputation by publishing the images without its consent or permission. Playboy is also seeking damages.
Top fashion photographers Mert Alas and Marus Piggott shot exclusive “artistic” photographic images of Moss for the front cover and in 18 pages in the 60th anniversary edition which appeared on December 10 last year.
The images featured the model in “various provocative poses” and wearing the classic playboy bunny costume. In some of the pictures Moss is either nude or semi-nude. Playboy says those images are its exclusive copyrighted property.
On December 3, 2013, a week before the magazine appeared in shops, entertainment.ie unlawfully published without Playboy’s consent an entry entitled “Save yourself a fiver. Here’s Kate Moss’ NSFW photos from Playboy” with a link to its website.
The link added, “It’s all about saving every penny at this time of year.
“So instead of having to wait for the latest 60th anniversary issue of Playboy featuring Kate Moss, we present to you Moss in full below.”
Playboy claims in court documents that entertainment.ie “completely destroyed” the exclusivity of the Moss photo-shoot.
Counsel for Entertainment Media Networks told the court the link was posted in a “lighthearted” manner after it discovered images of “a scantily clad” Moss on the Internet. It was taken down shortly afterwards on “taste grounds.”
Playboy asked the court for an order compelling Entertainment Media Network to file a defense to the magazine’s claim, so the action can proceed to a hearing.
Justice Marie Baker reserved her decision in the matter and will announce it at a future date.