Playboy has claimed an Irish-based entertainment website breached its copyright after it published a link to exclusive photos of model Kate Moss "in various states of undress", which were used in the the magazine's 60th anniversary edition.
The action has been brought by Playboy Enterprises International inc, part of the magazine empire founded by Hugh Hefner, against Entertainment Media Networks, which offers entertainment listings for television, live music, cinema and theatre on entertainment.ie.
Playboy claims that, without its consent or permission, entertainment.ie had on December 3rd, 2013 published a link to exclusively commissioned images of the supermodel, a week before the 60th anniversary edition was published.
In proceedings for damages before the High Court in Dublin, California-based Playboy claims the defendant caused it significant loss and damage, and damaged its reputation by publishing the images without its consent or permission.
In its statement of claim, Playboy said it had, in February 2013, engaged top fashion photographers Mert Alas and Marus Piggott to shoot exclusive “artistic” photographic images of Ms Moss.
These works featured on the front cover of, and inside, an 18-page spread in the magazine’s 60th anniversary edition of December 10th 2013, Playboy claims.
Playboy said the images featured the model in “various provocative poses” and wearing the playboy bunny costume. In some of the pictures, Ms Moss is either nude or semi-nude. Playboy claims those images are its exclusive copyrighted property.
It alleges that on December 3rd, 2013 the defendant unlawfully published without its consent an entry entitled “Save yourself a fiver. Here’s Kate Moss’ NSFW photos from Playboy”.
A link on the website directed viewers to the photographic works featuring Ms Moss contained in the official 60th anniversary edition, it claims.
It is claimed the defendant added to the link: “It’s all about saving every penny at this time of year. Every little helps and what not. So instead of having to wait for the latest 60th anniversary issue of Playboy featuring Kate Moss, we present to you Ms Moss in full below.”
It claims the defendant engaged in a wrongful and unlawful “front running” of the 60th anniversary issue and “completely destroyed” the exclusivity of the Kate Moss photoshoot.
When the matter came before the High Court, by way of a preliminary pre-trial motion, Yvonne McNamara Bl for the defendant said her client posted the link in a “lighthearted” manner after it discovered images of “a scantily clad” Ms Moss on the internet.
The link was taken down shortly afterwards on “taste grounds”, once the defendant’s managing director became aware of it, counsel added. However, the fashion publication Harper’s Bazaar somehow became aware of the link and used it. The link was completely down by December 23rd last, counsel said.
In a pretrial motion, Playboy, represented by Michael Howard SC, asked for an order compelling Entertainment Media Network to file a defence to the magazine’s claim so the action can proceed to hearing. If no defence is filed, the magazine will seek a judgment against the defendant.
The failure to file a defence, and to instead seek for Playboy’s claim to be fully particularised, was a delaying tactic, counsel argued.
Ms Mc Namara denied her client was engaged in a delaying tactic and said the claim needed to be clarified and particularised before her side could properly defend the action.
Ms Justice Marie Baker reserved her decision on the application.