Site Ordered to Face Claims for Posting Playboy's Azealia Banks Pics

Site Ordered to Face Claims for Posting Playboy's Azealia Banks Pics

NEW YORK — A federal judge yesterday didn’t buy the "frivolous" arguments that adding catty insults to Playboy's leaked nudes of hip-hop star Azealia Banks dressed as a kitten transforms the images to fair use, according to Courthouse News.

In the courtroom, U.S. District Judge Paul Engelmayer showed “impatience” with what he called MediaTakeout.com's arguments — that adding commentary to the pictures made it transformative use and a reason to dismiss Playboy’s suit.

"There is no merit to this motion to dismiss," the judge said. "Period. Full stop."

While MediaTakeout claimed to have a license to run the photograph, the judge said that the gossip site would have to prove it over the course of discovery.

Playboy Enterprises International’s lawsuit accuses MediaTakeout.com of having wrongfully "reproduced, distributed and publicly displayed" numerous "iconic photographic images" of the 24-year-old rapper in its magazine’s April 2015 edition.

Photographer Ellen Von Unwerth, who shot the photos of Banks, and Playboy registered the works with the U.S. Copyright Office in February 2015, according to the suit. Von Unwerth is not a party to the action filed at New York federal court.

Playboy in the suit said it discovered unauthorized copies of the images on the MediaTakeout.com in March 2015, before its magazines even hit newsstands.

The suit contains links to four URLs where MediaTakeout.com operators allegedly displayed the unauthorized photos.

Each link misspells Banks' first name with an extra caption such as "Nekkid Playboy" and "Loud-Mouth Rapper."

Playboy further said that the site’s operators doctored the images by affixing its "MediaTakeout.com" watermark to each poached photo, according to the suit.

"Upon information and belief, defendant knowingly altered and/or falsified copyright management information to conceal defendant's infringement of plaintiff's registered and unregistered copyright works," the complaint said. 

The lawsuit, which seeks an injunction preventing further publication, is asking for damages of "up to $150,000 for each copyright infringement" and up to $25,000 for each violation of the Digital Millennium Copyright Act.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Ukrainian Content Creators on Hook for Nearly $10M in Back Taxes

Content creators in Ukraine owe the equivalent of $9.3 million in back taxes, according to the country's State Tax Service.

European Patent Office Board of Appeals Revokes EIS GmbH Patent

The European Patent Office (EPO) Board of Appeals last week ruled in favor of pleasure brand LELO in the company's ongoing dispute with Satisfyer parent company EIS GmbH.

Eroutique Relaunches Site Through YourPaysitePartner

Eroutique has relaunched its official website through YourPaysitePartner (YPP).

Update: Pornhub Will Not Block Ohio, Despite AV Law

Pornhub parent company Aylo will not block access to its websites in Ohio, despite new state age verification rules that came into effect Sept. 30.

Pineapple Support, Pornhub to Host 'ADHD-Friendly' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers with ADHD.

Judge Dismisses Some Claims in 'Children of Pornhub' Trafficking Suit

A United States district judge on Friday dismissed some but not all claims against Aylo in a long-running case involving CSAM allegations featured in the influential 2020 New York Times article “The Children of Pornhub.”

FSC Sets Key Dates, Qualifiers for December Board of Directors Election

The Free Speech Coalition (FSC) today announced key dates and qualifiers for its upcoming Board of Directors election.

RedGIFs Launches New 'Studio' Creator Platform

RedGIFs has launched its new Studio creator platform.

Arcom to Expand AV Enforcement to Smaller Adult Sites

The president of French media regulator Arcom revealed on Thursday that the agency plans to escalate its enforcement of age verification rules to include smaller adult sites, starting in late 2025 or early 2026.

AEBN Publishes Report on MILF, Cougar Trends

AEBN has published a report on MILF and Cougar categories from its straight theaters.

Show More