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IPFS News Link • Media: Internet

New Ruling Is a Stark Reminder That Your Image Isn't Yours

• http://www.wired.com, AUTHOR: JULIA GREENBERG

The actress claimed that she thought she was acting in an action-adventure thriller called Desert Warrior, but her performance was co-opted into five seconds of Innocence of Muslims, a 14-minute trailer mocking the Islamic prophet Mohammed that sparked an anti-American backlash in the Middle East and led to death threats for the actors involved. 

The inflammatory clip was first uploaded to Google-owned YouTube in June 2012, and a few months later Garcia sued Google demanding that what she called the "hateful anti-Islamic production" be taken down.

Garcia first filed a suit in Los Angeles Superior Court, but a judge refused to have it removed, even as she claimed she was receiving death threats. She then filed a suit in federal court, yielding the same response. After all, video creators own the rights to their creations, not actors. Last year, however, a three-judge panel on the Ninth Circuit Court of Appeals shocked First Amendment and copyright attorneys around the country when it found in Garcia's favor, determining that her performance was "independently copyrightable." Google removed the video.


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