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Ninth Circuit Arguments in <i>Innocence of Muslims</i> Case
Actress Cindy Lee Garcia's two-year quest to scrub the Internet of her appearance in the anti-Islamic film Innocence of Muslims was the departure point for roving arguments before an 11-judge panel of the U.S. Court of Appeals for the Ninth Circuit in December. In a discussion that touched on the copyright interest owed to artists from Celine Dion to an extra in a battle scene of one of the Lord of the Rings movies, the Ninth Circuit considered Garcia's claim to a copyright in her performance in the film and whether it warrants an injunction barring Google Inc. from hosting the video on YouTube. Garcia v. Google Inc., 12-57302.
Garcia originally filed suit in September 2012, claiming she'd agreed to perform in an Arabian adventure project with the working title of Desert Warrior. Only later, she says, did she discover her performance was used in Innocence of Muslims . A 14-minute trailer posted on YouTube ignited violent protests among Muslims and sparked death threats against Garcia and others involved in the film. After filing several takedown notices with Google, Garcia sued for an order that the film be removed. It was in November 2012 that the U.S. District Court for the Central District of California rejected Garcia's request for a preliminary injunction. However, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit subsequently ruled 2-1 that Google must take down the film, finding that Garcia held a copyright interest in her performance. Garcia v. Google Inc., 743 F.3d 1258 (9th Cir. 2014). The panel's decision was vacated, however, when a majority of the full court voted to take up the case en banc .
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