‘Playboy’ sues over Kate Moss photos

Playboy is taking an action in the Irish High Court over photographs of supermodel Kate Moss.

Playboy claims a link to the photographs, which were featured in the magazine’s 60th anniversary edition, was published on the Irish-based site entertainment.ie the week before its magazine was put on the top shelf.

It has launched an action claiming there was an alleged breach of copyright and that the website allegedly “completely destroyed” the exclusivity of the Kate Moss Playboy photoshoot.

Playboy claims the website breached its copyright after it published a link to exclusive photos of Moss “in various states of undress”, which were taken for the magazine’s 60th anniversary edition.

The company is seeking damages.

Playboy claims that, in February 2013, it engaged top fashion photographers Mert Alas and Marus Piggott to shoot exclusive “artistic” photographic images of Moss.

The images, Playboy says, featured the model in “various provocative poses”, either nude or semi-nude.

It alleges that on December 3, 2013, the defendant unlawfully published, without its consent, an entry entitled: “Save yourself a fiver. Here’s Kate Moss’ NSFW photos from Playboy.”

The defendant also 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.”

The defendant “completely destroyed” the exclusivity of the Moss photoshoot, it is alleged.

Yesterday, Yvonne McNamara, for the defendant, said her client posted the link in a “lighthearted” manner after it discovered images of “a scantily clad” Moss on the internet.

However, the link was taken down shortly afterwards on “taste grounds” once the defendant’s managing director became aware of it, she added. Counsel said somehow the fashion publication Harper’s Bazaar became aware of the link and used it. Eventually, the link was completely down by December 23 last.

Ms Justice Marie Baker reserved judgment.