SUMMARY
Using someone else’s name for a fake profile, misrepresents their identity and can damage a person’s reputation. Tamsen Drake (Plaintiff) values her identity when it comes to her work as an artist. As an artist, Drake creates short animated films for her viewers. Drake does not join the bandwagon of creating a social media profile of her artistic work, or for others to find out information about her. In response to Drake not acquiring a social media profile, Michael Schultz (Defendant) is the creator of a fake profile for Drake. The fake profile pretended to portray her views as an artist. Schultz did not obtain the permission of Drake before creating the fake profile.
A court, presented with the evidence of this case, could find
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Compl. ¶ 20. Supposedly, “Tamsen Drake” commented a total of 125 comments over two months. Compl. ¶ 22. These comments were often derogatory and hurtful. Compl. ¶ 21. Fifty-five of the total comments were harmful to others. Compl. ¶ 24. The comments bashed down other artists that worked in the same art industry. Compl. ¶ 23-24.
By March 23, 2016, Drake found out about the fake profile in her name on the website Shoutstuffout. Compl. ¶ 12. Michael Schutlz is the creator of the fake profile, and he admits to creating the fake profile for Drake. Schultz Dep. at 3:14-16. Schultz intended to create the profile because he thought envisioning what Drake would post online would be “cool.” Id. at 4:2-4. Instead, other users on Shoutstuffout believed Drake created the profile and that she posted the comments that “reflected her views on the world of digital animation.” Compl. ¶
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Compl. ¶ 32-34; 39-40. Drake is seeking to recover for the damage the profile created to not only to her reputation, but also her artistic work of short animated films. Drake Dep. 4:3-7. Drake feels that her artistic work is less valuable now due to the creation of the fake profile. Id. at 3:28. Schultz denies that Drake’s work lost any value from the profile creation and no damages are available. Answer. ¶ 44. Schultz is seeking summary judgment in his favor. Def.’s Mot. Summ.
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