Thursday, May 28, 2015

On Second Try, Ninth Circuit Holds Actress’s Performance isn’t Individually Copyrightable

Originally published by Klemchuk LLP IP Blog.

The Ninth Circuit reversed course on May 18, holding that an actress could not issue a copyright takedown notice on an entire film simply by nature of her appearance in that film. The ruling reversed a previous injunction—decried by many commentators—to keep the film, titled “Innocence of the Muslims,” off of sites such as Google and YouTube and reversed an order to have every copy of the film destroyed.
An actress named Cindy Garcia had appeared in “Innocence of the Muslims,” which attracted worldwide criticism because of its depiction of the Muslim faith. Afterward, Garcia tried to get the movie removed by alleging that the movie violated her personal copyright. A Ninth Circuit judge agreed that she had a copyrightable interest in the film and that th…

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