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Garcia v. Google, Inc.

Ninth Circuit

786 F.3d 733 (2015)

Relevant factsFree

Cindy Garcia (plaintiff) was cast in a five-second role for a film later revealed to be the anti-Islam trailer Innocence of Muslims, after the director dubbed over her original lines with inflammatory dialogue; the film provoked violent protests and death threats against those involved, including Garcia, who asked Google (defendant) to remove it from YouTube, and when Google refused, sued for copyright infringement and sought a preliminary injunction. The district court denied the injunction, finding no irreparable harm given the video's five months already online and no likely success on the copyright claim; a Ninth Circuit panel initially reversed and ordered removal, but the full court granted rehearing en banc.

IssueFree

Whether an actor holds an independent copyright interest in her individual performance within a film, separate from the film's own copyright.

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