Barnes v. Olson et al

Filing 1

COMPLAINT against 2011 Homestead Web, Alaska Moose Federation.org, Blue Diamond Webs, Ron Davis, Grow More Moose.org, and Gary Olson, filed by Mi'chelle A. Barnes. (Attachments: # 1 Attachment)(TYM, COURT STAFF)

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MAY 0 2 2012

Mi' chelle A. Bames, Pro Se
2021 Oxbow Circle
Anchorage, AK 99516
[phone] P & F
[e-mail]

CLERK, U.S. DISTR!CT COU21tT
AtJCHOI'tJ\G!, A.K.

UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA

Mi'chelle A. Bames
Plaintiff,
vs.
Gary Olson (Executive Director)
Alaska Moose Federation. Of'4

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Defendant: Gary Olson, Executive Director ·Alaska Moose Federation.org,(AMF) and Grow More
Moose.org (?MMl_1577 C Str~et, #30~, Mchorage, AK 99501 ~hone: (907) 33-Moose.

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Background:
I am a citizen of the United States of America and reside in Anchorage, Alaska. This complaint is filed
against Gary Olson, Executive Director · Alaska Moose Federation.org (AMF); Grow More ·
Moose.org (GMM) and include Ron Davis of Blue Diamond Webs and Ron Davis of 2011 ~
Homestead, web designer of AMF and GMM. (Specific actions of Davis will be provided later). ~
The plaintiff pleads to the Court to recognize that the aforementioned defendants have willfully and .-4
intentionally scanned, e-mailed, copied and reproduced the copyrighted and registered image entitled,
"Stand Off' without prior license and/or written agreement of Mi' chelle A. Barnes, sole photographer, --il
creator and copyright owner. In the fore¥~ing co~plaint ,Mi'chelle A. Barnes ~ill be known as "Barne.s."

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The Image "Stand Off' was ta'ken'F~ru~ry 199~-;~d flr~t published 03/1211990 durini the historic and
tragic winter of 1989/1990 when hundreds ofMoose were being struck and killed by the Alaska Railroad.
Barnes confronted and addressed concerns of the unlicensed and unpermitted usage by Olson, AMF and
GMM in May of2009 after Olson gave her a flash drive of electronic material to use in writing an article to
send to media organizations world-wide about Moose deaths in Alaska on a CD Bames was producing in
anticipation ofthe announcement of the Alaska Railroad increasing train speeds to 60 mph. Olson provided
Bames with a flash drive that contained AMF and GMM materials on past bids submitted to the State of
Federal Complaint 1 I P a g e

Alaska Department of Transportation; promotional materials which contained AMF newsletters; AMF
letters to organizations; AMF fundraising efforts; studies by the Alaska Department of Fish & Game;
(ADF&G) Moose Resource studies conducted by other private companies; correspondence between Cori
Ross of ADF&G and AMF; proof of AMF liability insurance and much more.
Barnes began reviewing the vast amount of electronic files and information provided on the flash drive
which also contained other ADF&G department images and Barnes noted that there were no releases
and/or photo credits provided in any of the materials Olson provided from the flash drive. Barnes then
found materials from the flash drive which contained Olson's, AMF's and GMM's unlicensed and
unpermitted usage of her image "Stand Off." As best as Barnes could tell from the materials on the flash
drive, AMF and GMM usage began with the genesis of the AMF 1stAnnual Seward Moose Benefit (see
exhibits of AMF 1st Annual Seward Moose Benefit flyer); on AMF letterhead; AMF newsletters; the AMF
banquets, which solicited corporate sponsorships from Cabelas and more.
Barnes confronted Olson about how he came to be in possession of the image "Stand Off'' and where he got
it from? At first Olson asserted that he copied and pasted it from the Alaska Railroad website. Barnes
scoured the Alaska Railroad website and could find no such unlicensed usage of "Stand Off'' posted on the
Alaska Railroad internet and confronted Olson again. Olson finally admitted he electronically scanned the
image "Stand Off'' from a postcard which Barnes had produced years earlier.
Olson used "Stand Off' to commercially promote and finance AMF and GMM using Barnes' image
"Stand Off" which also appeared without proper photo credit and implied that Barnes endorsed the
philosophies and practices of AMF and GMM personnel and board members, which Barnes does NOT and
has NOT due to the unlicensed usage of "Stand Off."
History of "Stand Off'':
The image, "Stand Off' was taken one day after grooming trails for the Moose when Barnes was flying
back to the South Birchwood Airport. Barnes and her late mother, former Speaker of the House Rep.
Ramona Barnes of Alaska, spearheaded a public relations (PR) campaign to feed starving Moose
throughout south central Alaska and raise public awareness of the high mortality rate and tragic loss oflife
inflicted on Moose living in that region by the Alaska Railroad. "Stand Off' was first published on
03/12/1990 by the Anchorage Daily News and picked up and published again by the AP; Christian Science
Monitor; New York Times and more by and thru one of Barnes' agencies representing her work, Gamma
Liaison ofNew York.

Barnes conceived and founded "Save the Moose" in January 1990 raising public donations totaling more
than $450K which was used to put in 31 0 miles of new trails to feed moose; utilize Army personnel to put
in trails with track vehicles along with snow machine volunteers that helped packed down trails for Moose
to walk on and conserve energy. Additionally, funds were raised by public donation to feed starving Moose
hay in critical corridors and open new areas for Moose to forage using bombardier track vehicles in the
Palmer Susitna Valley.
Barnes later published "Stand Off'' as a postcard in 1995 under her "Alaska Stock Classic" product line
which was distributed statewide and nationally. In a 2009 conversation with the Defendant, Olson
acknowledged that he electronically scanned the image from a postcard and used "Stand Off' on AMF
letterhead; AMF Newsletters; power point presentations and for various AMF Corporate solicitations.
Federal Complaint 21 Page

It is the argument of this plaintiff that Olson; AMF and GMM further utilized "Stand Off' in many
different mediums and formats without prior permission and/or written license and without providing
proper photo credit.
On 05/10/2009, Barnes drafted in invoice for the unlicensed use of "Stand Off' addressed to Olson, AMF
and GMM. Barnes hand delivered that invoice dated 05/10/2009 to Olson on 05/13/2009 for $15,000 due
immediately upon receipt (see electroni(; copy of the image of Olson receiving the invoice in person at
Barnes' home residence on 05/13/2009).
Barnes e-mailed Olson again on 5/18/2009 at 6:05 p.m. and sent another copy of the invoice and demand
for payment. To date, the AMF and the GMM organizations have failed to pay Barnes, although they
have raised more than three million dollars and Barnes invoiced them repeatedly discussing same.
I, the plaintiff, Mi'chelle A. Barnes give notice to the Court that I am entitled to actual, punitive and
professional damages for the willful and intentional Copyright Violations known but not limited to the
following:
1) The Defendant used the image "Stand Off' for purposes of commercial advantage, public and private
financial gain as the Executive Director of AMP and GMM. Unlicensed use began at or about the year
2000 by Olson who was AMP's chairman at the time.
2) Repeated failure to provide proper photo credit for each unlicensed use of"Stand Off' in every medium
and format by Olson, AMF and GMM.
3) Methods of unlicensed use included, but are not limited to, scanning, e-mailing, and reproducing "Stand
Off' in other derivative works.
4) Repeated violations of the copyright license and registration of the owner and creator, Mi'chelle A.
Barnes for unlicensed use of "Stand Off."
5) Violating Barnes' copyright by creating a derivative work, (image) which was altered from the original
image without prior written permission and license.
6) AMP and GMM' s Reproducing, scanning, altering, and e-mailing the image "Stand Off' and using it on
AMP letterhead, AMP fundraising, AMP print collateral, AMP web publications, AMF internet and AMP
newsletters in derivative, altered and unlicensed states.
7) Further AMP and GMM used "Stand Off' for their own corporate gain to solicit and receive public and
corporate donations suggesting Barnes endorsement of AMF and GMM by and through the use of, Barnes'
image "Stand Off," and the "Save the Moose" PR campaign methods of 1989/1990.
8) AMF and GMM copied and utilized the exact Moose mitigation techniques of the "Save the Moose"
1990 PR campaign which include but are not limited to:
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Feeding Moose hay during severe winters
Working with Alaska Railroad personnel to implement the cracker shell program to chase
Moose off the tracks before being run over on the tracks by the trains.

Federal Complaint 3 I P a g e

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Using track vehicles to put in trails for Moose to walk on and to find new areas of browse.
Saving Moose calves through AF&G policy for both improving Moose habitat and targeting
Moose predators.
Legislative involvement to have roads designated as high collision/impact zones and "giving
Moose a break."

9) As evidence to show that Olson, AMF and GMM knew their actions to be "willful and intentional," the
plaintiff provides to the Court copies of the AMF and GMM website dated in 2009 which states,
"Copyright © 2000 The Alaska Moose Federation." This shows Olson, AMF and GMM knew their
obligations under the Copyright Act (1976) and used the copyright symbol to serve notice to AMF and
GMM internet viewers that they expected all the rights and protections of the Federal Copyright Act (1976)
by inserting the following, "Copyright© 2000 The Alaska Moose Federation," although they repeatedly
failed to abide by the Copyright Act (1976) which also protected Barnes' PR and photographic work
entitled, "Stand Off."

I, the plaintiff, Mi'chelle A. Barnes, give notice to the Court that the above mentioned facts and attached
documents are true and correct to the best of my knowledge and are presented as plausible on their face
such that the Defendant, Gary Olson, AMF and GMM should be held liable for the above mentioned
willful and intentional unlicensed use of"Stand Off' to maximum penalties allowed. Further, I am entitled
to actual, punitive and professional damages in the final amount to be determined by the Court for the
willful and intentional violations of my copyright and registration. Further, I reserve the right to further
amend this compliant with additional violations at any time.

S)?/I:J-/
05/0~2012

Federal Complaint 41 Page