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To: jhild who wrote (14462)4/3/1998 9:07:00 AM
From: jhild  Respond to of 22053
 
Playboy Awarded $3.74 Mil in Internet Case
Friday April 3 4:32 AM EST

CHICAGO (Reuters) - Playboy Enterprises Inc. said Thursday a federal judge in southern California has awarded the media company what it believes to be the largest Internet- related damages award to date.

The award was made against a commercial Internet service that used almost 7,500 Playboy-owned pictures on its Web site without authorization.

The $3.74 million award, plus attorneys' fees and court costs, was assessed against San Diego-based Five Senses Productions and its owner, Francesco Sanfilippo, Playboy said in a news release.

Playboy said the judgment is a landmark legal victory for the company, which spends millions of dollars annually on photography and design to produce its images.

"This judgment is a significant victory in our efforts to combat copyright infringement on the Internet," Michelle Kaiser, intellectual property counsel for Playboy, said in a statement.

Five Senses could not be reached for comment.

The decision treated each use of the 7,475 Playboy images on Five Senses' Web site as an individual copyright infringement, rather than limiting the violations to the number of magazine editions in which the images appeared.

Five Senses' Web site began operating in May 1996 and includes a subscription area and a free area, which advertises images accessible on the subscription portion of the site.

Previously included in the subscription area were thousands of Playboy pictures scanned from the pages of Playboy magazine and the company's newsstand specials, and stored in a digital format easy to post and view on the Web.

In issuing her order last week U.S. District Judge Irma Gonzalez ruled that each of the Playboy images had an independent economic value and was worthy of protection.

dailynews.yahoo.com