16 November 2017Copyright

Playboy dispute over Kate Moss photos dismissed

Media company Playboy Enterprises seems to have settled its differences with Hint Fashion Magazine over the publication’s use of photos of model Kate Moss.

Playboy, which was founded by the late Hugh Hefner, had sued Hint Fashion for copyright infringement at the US District Court for the Southern District of New York.

As part of the 60th anniversary issue of Playboy Magazine, which was published in December 2013, Playboy created 12 nude photographs of Moss. The photographs are original and were composed by Playboy at “great cost”, said the claim.

The media company accused the magazine of using the photos to market and advertise the publication and also of publishing the images before Playboy’s own publication had done so.

“In early 2015, Playboy’s agent sent a cease-and-desist letter to defendants, demanding that they removed the infringing photographs from their website. Defendants initially refused to do so, further demonstrating the wilfulness of their infringing activity.”

Playboy was seeking the removal of the images from Hint Fashion’s website, injunctive relief, and profits.

It seems that the parties may have come to some kind of settlement—on Monday, November 13, Playboy filed a notice of voluntary dismissal.

The following day, District Judge Robert Sweet dismissed the case with prejudice.

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More on this story

8 June 2017   The US Court of Appeals for the Federal Circuit has affirmed the invalidation of a patent for delivering audio and visual files to a wireless device, handing a win to Playboy Enterprises and IT company MindGeek.
7 April 2016   Posting a hyperlink to a website that has published unauthorised photographs does not in itself constitute copyright infringement, an official at Europe’s highest court has said.