February 28, 2014
A federal appeals court ordered YouTube to take down a controversial anti-Islam video in an unusual copyright decision that Google, which owns YouTube, said raised questions about freedom of speech.
The video, “Innocence of Muslims,” was briefly blamed in 2012 for inciting violence across the Middle East that killed four American diplomatic personnel in Libya and was the topic of a debate over free speech at the time.
Many countries, including the United States, asked YouTube to consider taking down the video. YouTube refused because it said the video did not violate its guidelines governing hate speech, though it put the video behind a warning page. (It temporarily restricted access to the video in Egypt and Libya, which it called an extraordinary measure. It also restricted access in countries where the video is illegal, including Saudi Arabia, India and Indonesia, in response to court orders.)
But the latest court order is about an entirely different legal issue: copyright.
The case was brought by an actress in the film, Cindy Lee Garcia, who had a minor role for which she was paid $500. The California Court of Appeals for the Ninth Circuit, overturning an earlier federal court decision, ordered YouTube to remove the video because it said that Ms. Garcia had a copyright claim to the work and that the infringement of the copyright had led to death threats against Ms. Garcia by critics of the film.
Judge Alex Kozinski wrote in the majority opinion that the filmmaker had lied to Ms. Garcia about the movie, which turned out to be very different from the one in which she agreed to perform. He also said her performance could be copyrighted.
NY Times: http://bits.blogs.nytimes.com/2014/02/26/federal-court-orders-youtube-to-take-down-controversial-anti-islam-video/?action=click&module=Search®ion=searchResults%234&version=&url=http%3A%2F%2Fquery.nytimes.com%2Fsearch%2Fsitesearch%2F%3Faction%3Dclick%26region%3DMasthead%26pgtype%3DHomepage%26module%3DSearchSubmit%26contentCollection%3DHomepage%26t%3Dqry714%23%2Fmuslim%2F30days%2Fallresults%2F5%2Fallauthors%2Fnewest%2F