A divided panel of a federal appeals court ordered Google to remove a YouTube anti-Muslim film that provoked threats to actors and fueled riots in the Middle East. An actor who had been paid for working on a film entitled “Desert Warrior” sued a filmmaker for a violation of her copyright interests by turning the film into “Innocence of Muslims” that included a negative portrayal of Muhammad the Prophet. Chief Judge Alex Kozinski of the Ninth U.S. Circuit Court of Appeals wrote that the actor had a protectable interest in her performance because she was misled as to the film’s title and content and thus did not surrender her rights, that she was “duped into providing an artistic performance…used in a way that she never could have foreseen.” (Metropolitan News-Enterprise, February 27, 2014, from staff and wire service reports)
The Electronic Frontier Foundation (EFF) called the decision “bad law” in shutting down speech in a dubious copyright case. The actor only appeared for five seconds in the 13 minute video. (EFF, February 26, 2014, by Corynne McSherry)
Law blogger Eugene Volokh wrote a favorable response to the decision, February 26, 2014, but a day later published a revision of his earlier position.
Google filed an emergency motion to stay the order calling the order a “classic incursion on the First Amendment.” It is also feared that numerous copyright lawsuits may be filed by parties not considered having any interest in the copyrighted content. (The Hollywood Reporter, February 26, 2014, by Eriq Gardner)
The Ninth Circuit revised its ruling late on Friday to say that Google may restore “Innocence of Muslims” after cutting footage of the actor Cindy Lee Garcia from the post. (MediaPost, March 3, 2014, by Wendy Davis)