Pro se plaintiff, Cynthia Foss (“Foss”), is a Massachusetts-based artist. On July 11, 2018, Foss filed suit in The Trial Court of the Commonwealth of Massachusetts against a number of defendants including Northeastern University (“Northeastern”). Foss alleges in her Complaint that she created a “photographic-illustrative” work of a local abbey refectory “commissioned by the Defendant Spencer [Brewery] and [St. Joseph’s] Abbey . . . .” Foss claims to have “retained all intellectual property rights” in the work, referred to in the pleading as “Refectory Long Stained Glass Wall.”
Foss alleges various claims of copyright infringement, breach of contract, and tortious interference against many of the defendants. Foss claims that Northeastern violated her intellectual property rights by using the “Refectory Long Stain Glass Wall” and another work, “Cross Wall” in “two separate photos that [were] displayed and distributed electronically” on Northeastern’s website and social media platforms.
The plaintiff claims Northeastern’s actions constituted violations of both common law and the DMCA. Foss alleges that Northeastern’s violations of the “compulsory licenses required to use her artwork” caused her damages in the amount of $10,000. By her complaint, Foss is seeking a variety of damages from the various defendants. Foss is seeking $10,000 in compensatory damages from Northeastern. In addition, Foss filed a separate Motion for Injunctive Relief asking the court to “enjoin the Defendants from further use of Plaintiff’s unlicensed copyrighted graphic compositions . . . without a lawfully required expressed payment . . . .”
On July 20, 2018, defendants Eastern State Exposition and Cup of Julie Show filed a Notice of Removal, and on July 23, 2018, defendants Spencer Brewery and St. Joseph’s Abbey filed a Notice of Removal. The case has been removed to the United States District Court, District of Massachusetts.