Edwards v. Vox Media, Inc.

On October 29, 2021, Harvey Edwards (“Plaintiff”), represented by Ian D. Roffma of Nutter, McClennen & Fish, LLP, filed an intellectual property lawsuit against Vox Media, Inc. (“Vox Media” or “Defendant”), seeking permanent injunctive reliefs and damages along with costs and other reliefs for the Defendant’s alleged copyright infringement. This case was filed in U.S. District Court in the District of Massachusetts with Judge Denise J. Casper presiding. 

In the complaint, the Plaintiff alleged that, “Plaintiff Harvey Edwards is an acclaimed photographer. Among other things, he is well known for his series of ballet images, including a copyrighted work entitled “Hands,” which has been sold in poster form for about 40 years”. Plaintiff then alleged that, “Because of the popularity and beauty of Edwards’s iconic images, his posters, including “Hands,” have been used as set decoration in a variety of contexts including more than two hundred films, television shows, book jackets, print ads, commercials, and interior design projects. Edwards is entitled to and receives compensation when his work is used by others.”

The Plaintiff further alleged that, “Defendant Vox Media is a media company whose brand portfolio includes New York Magazine, Intelligencer, The Cut, Vulture, The Strategiest, Curbed, Grub Street, The Verge, Vox, SB Nation, Polygon, Eater, and Recode. Vox Media’s website, Curbed, used Edwards’s copyrighted work, “Hands,” without permission”. Plaintiff then alleged that, “Vox Media used, authorized, and approved the use of Edwards’s copyrighted image in a photograph published online and currently available to the public in a manner that is willful, unfair, and deceptive, and has continued to do so even after Edwards notified Vox Media of the unauthorized use.”

The Plaintiff also alleged that, “By the actions alleged above, Vox Media has infringed and will continue to infringe a copyright owned and controlled by Edwards by copying, distributing, and publishing certain copyrighted material”. Plaintiff then alleged that, “Vox Media has no license or any other form of permission to copy, duplicate, sell, distribute, or claim copyright ownership of “Hands,” or any portion or reproduction thereof.” The Plaintiff also alleged that, “Vox Media’s acts of infringement are willful pursuant to the Copyright Act, 17 U.S.C. § 504. Vox Media’s acts of infringement are in degradation of and injurious to Edwards’s exclusive rights as the owner and/or administrator of the copyright.”

The only claim for relief laid down by the Plaintiff is for alleged copyright infringement under 17 U.S.C. §§ 101 et seq. 

In the prayer for relief, the Plaintiff requested the Court for declaratory reliefs and permanent injunctive reliefs along with damages, including statutory damages provided by the Copyright Act of 1976, 17 U.S.C. §§ 101 et seq., and damages for his severe emotional distress; enter judgment in such amount; and award costs and reasonable attorneys’ fees in this action and any other relief the Court deems just and proper.

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