Michael Schultz Committed The Tort Of Appropriation And An Intrusion Upon Seclusion
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Stealing someone else’s name to impersonate them on a fake internet profile, such as a social media website, misrepresents a person’s identity and can damage their reputation. Tamsen Drake values her identity when it comes to her work as an artist. As an artist, Drake creates short animated films for her viewers. Drake has not created a social media profile to interact with other artists. Instead, she has a website, which only allows for the downloading of her artistic work. While Drake has never created a social media profile of her own, Michael Schultz impersonated Drake by stealing her name and creating a fake profile, where he admits to representing her views as an artist. Schultz did not obtain Drake’s permission to create…show more content… Id.
On January 2, 2016, the name “Tamsen Drake” was stolen and used to impersonate Drake on a fake social media profile. Compl. ¶ 17. Michael Schultz is the impersonator and creator of the fake profile, as he admits to creating the fake profile for Drake. Schultz Dep. at 3:14-16. Schultz wanted to impersonated Drake online because he thought envisioning what Drake would post online would be “cool” to do. Id. at 4:2-4.
The website that contained the fake profile is Shoutstuffout. Compl. ¶ 13. The webpage is a social media site, similar to Facebook and Twitter. Shoutstuffout allows for people to connect with other users through commenting on profiles, unlike www.tamsend.com. Compl. ¶ 14.
The fake profile contained information about Drake, including her profession (Compl. ¶ 13) and pictures of her artistic work (Compl. ¶ 16-19). The pictures on the account were stolen from Drake’s original website and placed on the fake profile. Compl. ¶ 18-19. Additionally, the profile contained an email address created by Schultz, used not only to create the profile, but also listed the email for the public to misrepresent as Drake’s Compl. ¶ 15.
In addition to the fake profile containing information about Drake, Schultz used the profile to impersonate Drake by commenting on other artist’s work in the same field. Compl. ¶ 20. The false “Tamsen