MESSAGE
| DATE | 2015-05-19 |
| FROM | Ruben Safir
|
| SUBJECT | Subject: [NYLXS - HANGOUT] copyright vrs free speach on utube
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Check this out from todays NY Times:
LOS ANGELES — An anti-Muslim movie trailer that set off protests in 2012
returned to the spotlight on Monday when a federal appeals court ruled
that YouTube should not have been forced to remove the crude video from
its website.
In a victory for free speech advocates, an 11-judge panel of the United
States Court of Appeals for the Ninth Circuit in San Francisco rejected
a copyright claim by Cindy Lee Garcia, an actress who appeared
unwittingly, she said, in the “Innocence of Muslims” trailer. Ms. Garcia
had earlier won the forced removal from YouTube of the video, which
depicted the Prophet Muhammad as a bloodthirsty thug.
“In this case, a heartfelt plea for personal protection is juxtaposed
with the limits of copyright law and fundamental principles of free
speech,” Judge M. Margaret McKeown wrote in the ruling. “The appeal
teaches a simple lesson — a weak copyright claim cannot justify censorship.”
Continue reading the main story
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Nakoula Basseley Nakoula, who created the film “Innocence of
Muslims,” being taken into custody in California in September.
From Man Who Insulted Muhammad, No RegretNOV. 25, 2012
Armed militiamen had attacked the United States consulate in
Benghazi, Libya, killing a staff member.
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11, 2012
Ms. Garcia, who was supported by some Hollywood guilds in her case,
pursued legal action after the trailer resulted in death threats. (The
full movie has never materialized.) She said the “Innocence of Muslims”
filmmaker, Nakoula Basseley Nakoula, tricked her into appearing and
secretly dubbed over her dialogue with anti-Muslim rhetoric. Ms. Garcia,
who was paid $500 for her work, thought she was a bit player in a
sword-and-sandal movie called “Desert Warrior.”
Last year, a divided three-judge Ninth Circuit panel ruled in Ms.
Garcia’s favor, basing its opinion on copyright law. Google, which owns
YouTube, vowed to fight on, with support from technology companies
including Facebook and Twitter.
Bruce Ewing, a partner in the New York firm Dorsey Whitney who
specializes in trademark law, particularly as it relates to the
entertainment industry, said in an email that Monday’s ruling was “a
resounding victory for Google that will also be viewed very favorably by
film and television studios.”
It was unclear when or if the “Innocence of Muslims” video would return
to YouTube. In 2012, it led to wide protests, beginning in Cairo and
spreading to countries including Iran, Pakistan and Malaysia. In a
statement, YouTube said only: “We have long believed that the previous
ruling was a misapplication of copyright law. We’re pleased with this
latest ruling by the Ninth Circuit.”
A lawyer for Ms. Garcia, Cris Armenta, had no immediate comment.
The vote on Monday’s ruling was 10-1. In his dissenting opinion, Judge
Alex Kozinski wrote, “In its haste to take Internet service providers
off the hook for infringement, the court today robs performers and other
creative talent of rights Congress gave them.” Judge Kozinski was the
author of the majority opinion in last year’s opposite ruling.
A version of this article appears in print on May 19, 2015, on page B3
of the New York edition with the headline: Censoring Anti-Muslim Video
Was Wrong, Court Says . Order Reprints| Today's Paper|Subscribe
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