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9th Circuit Court of Appeals Preliminary Injuction in Garcia v. Google

9th Circuit Court of Appeals Preliminary Injuction in Garcia v. Google

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Opinion issued by the 9th Circuit Court of Appeals, ordering Google to take down all copies of the "Innocence of Muslims" video from YouTube.
Opinion issued by the 9th Circuit Court of Appeals, ordering Google to take down all copies of the "Innocence of Muslims" video from YouTube.

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Published by: Lorenzo Franceschi-Bicchierai on Feb 26, 2014
Copyright:Attribution Non-commercial

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02/26/2014

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FOR PUBLICATION
UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT
C
INDY
L
EE
G
ARCIA
,
 Plaintiff-Appellant 
,v.G
OOGLE
,
 
I
 NC
., a DelawareCorporation; Y
OU
T
UBE
,
 
LLC, aCalifornia limited liability company,
 Defendants-Appellees
,and N
AKOULA
B
ASSELEY
 N
AKOULA
, anindividual, AKA Sam Bacile; M
ARK 
B
ASSELEY
Y
OUSSEF
;
 
A
BANOB
B
ASSELEY
 N
AKOULA
;
 
M
ATTHEW
 N
EKOLA
;
 
A
HMED
H
AMDY
;
 
A
MAL
 N
ADA
;
 
D
ANIEL
K.
 
C
ARESMAN
;
RITBAG
D
IFRAT
;
 
S
OBHI
B
USHRA
;
OBERT
B
ACILY
;
 
 N
ICOLA
B
ACILY
;T
HOMAS
J.
 
T
ANAS
;
 
E
RWIN
S
ALAMEH
;
 
Y
OUSSEFF
M.
 
B
ASSELEY
;M
ALID
A
HLAWI
,
 Defendants
. No. 12-57302D.C. No.2:12-cv-08315-MWF-VBK OPINIONAppeal from the United States District Courtfor the Central District of CaliforniaMichael W. Fitzgerald, District Judge, Presiding
Case: 12-57302 02/26/2014 ID: 8992888 DktEntry: 39-1 Page: 1 of 37
(1 of 42)
 
G
ARCIA V
.
 
G
OOGLE
,
 
I
 NC
.2Argued and SubmittedJune 26, 2013—Seattle, WashingtonFiled February 26, 2014Before: Alex Kozinski, Chief Judge, Ronald M. Gouldand N. Randy Smith, Circuit Judges.Opinion by Chief Judge Kozinski;Dissent by Judge N.R. Smith
SUMMARY
*
Copyright / Preliminary Injunction
The panel reversed the district court’s denial in acopyright case of a preliminary injunction requiring theremoval from YouTube.com of an anti-Islamic film that useda performance that the plaintiff made for a different film.The panel concluded that the plaintiff established alikelihood of success on the merits of her claim of infringement of her performance within the film because she proved that she likely had an independent interest in the performance and that the filmmaker did not own an interestas a work for hire and exceeded any implied license to use the plaintiff’s performance.
 
*
 This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.
Case: 12-57302 02/26/2014 ID: 8992888 DktEntry: 39-1 Page: 2 of 37
(2 of 42)
 
G
ARCIA V
.
 
G
OOGLE
,
 
I
 NC
.3The panel held that the plaintiff established the likelihoodthat irreparable harm would result if an injunction did notissue because she was subject to death threats and took actionas soon as she began receiving the threats. The plaintiff alsoestablished sufficient causal connection between theinfringement of her copyright and the harm she alleged.The panel also held that the balance of the equities andthe public interest weighed in favor of injunctive relief.Dissenting, Judge N.R. Smith wrote that the facts and lawdid not clearly favor issuing a mandatory preliminaryinjunction to the plaintiff. He wrote that the plaintiff did notestablish a likelihood that she had a copyrightable interest inher acting performance, nor did she clearly show that the performance was not a work made for hire. In addition, thedistrict court did not abuse its discretion in its ruling onirreparable harm, and the balance of the equities and the public interest did not favor the issuance of a preliminaryinjunction.
COUNSEL
M. Cris Armenta (argued), The Armenta Law Firm APC, LosAngeles, California and Credence Sol, Chauvigng, France,for Plaintiff-Appellant.Timothy L. Alger (argued) and Sunita Bali, Perkins CoieLLP, Palo Alto, California, for Defendants-Appellees.
Case: 12-57302 02/26/2014 ID: 8992888 DktEntry: 39-1 Page: 3 of 37
(3 of 42)

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