[Ed. – Not for the reason you may think, however.]
[T]he 9th Circuit said Wednesday that this case was far from typical and that the actress [who brought suit to have the video removed], Cindy Lee Garcia, retained a copyright claim that YouTube must respect. That’s because she believed she was acting in a different production than the one that ultimately appeared online.
“Had Ms. Garcia known the true nature of the propaganda film the producers were planning, she would never had agreed to appear in the movie,” said Cris Armenta, Garcia’s attorney. …
Garcia was paid $500 to appear for five seconds in a film she was told was called “Desert Warrior” that she thought had nothing to do with religion or radical Islam. When the clip was released, her lines were dubbed to have her character asking Muhammad if he was a child molester.
“This is a troubling case,” Kozinski wrote. “Garcia was duped into providing an artistic performance that was used in a way she never could have foreseen. Her unwitting and unwilling inclusion in Innocence of Muslims led to serious threats against her life. It’s disappointing, though perhaps not surprising, that Garcia needed to sue in order to protect herself and her rights.”
For Google, the ruling represents a nettlesome issue if allowed to stand. The company fears that bit players and extras appearing in popular clips will now be emboldened to send takedown notices to YouTube unless settlements can be reached with the filmmakers.
Google, which has removed the clip, said it will appeal the decision.