We pulled up the filing to provide some more information for readers. While it includes information such as address and phone number, we will refrain from publishing that data.
The action is for copyright infringement and defamation.
Hovey contends the following facts (we are leaving some of the assertions out for brevity sake):
In late 2008 she formed the American Bigfoot Society. In late February of 2012 she secured the exclusive rights and priviledges in and to the copyright of a photograph known as the “2012 Bigfoot Photo”. The certificate of registration is included as an exhibit – Hovey is listed as the author and that the author created a photograph(s). The certificate is in her name, not the ABS. The actual photographer’s name or location are not mentioned, at least not yet. So one of two things must be a fact to make this assertion; bad news for the rest of the ABS, the ABS is Hovey exclusively, or she posted the copyright incorrectly as it is in her name but ABS on what was put out on the net.
Poling infringed upon this copyright continuously since late February of 2012 resulting in irreparable damage to Hovey. Hovey notified Poling of the infringement but it has continued.
Poling posted material online, both written and video, containing false statements about Hovey, including, but not limited to, Hovey stealing money, stealing the material relating to the copyrighted photo, used the photo for monetary gain rather than research, released video for the purposes of fame rather than professionalism, was an amateur, and filed false claims under a digital copyright act and received funds for participating in conferences.
The above acts caused damage to Hovey’s business (bigfooting and the ABS? again the rest of you’se folks of dues paying members and bored do not count) and reputation as she has since had to close memberships to her organization, received threats from members of the community (we really hate that word when talking bigfoot, it is more a bunch of tribes and fiefdoms) and suffered emotional distress.
The Four Counts she brings against Poling:
1. Copyright infringement – Hovey has suffered and continues to suffer damages
2. Defamation – Hovey suffered special harm from the material Poling posted.
3. Defamation Per Se – Hovey suffered from Poling’s words as it injured her trade or occupation.
4. Conversion – Poling used Hovey’s property and she was damaged by that action.
What Hovey wants:
A preliminary injunction to end Poling’s action (as it relates to the photo and other content, we guess).
Relief from the court finding Poling has engaged in copyright infringement, defamation and conversion. And the big ones, damages, cost of action and reasonable attorney fees for copyright infringement, defamation (two counts) and conversion. Damage award sought is in excess of $75,000 on all counts – not sure if that is a total or $75k per count.
No opinion or editorial statements just yet, we will let people stew over the above first. Well, we did include a few observations.