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En Banc 9th Circuit Considers Actress' Copyright Interest in YouTube Video

Several judges on the Ninth Circuit, sitting during en banc arguments yesterday, expressed skepticism about whether an actress has a copyright interest in an anti-Muslim video and can show enough "irreparable harm" from the video to force its takedown from YouTube, Bloomberg's Edvard Pettersson reports. A three-judge panel gave Cindy Lee Garcia a copyright interest in her performance in "Innocence of Muslims," which sparked riots in Muslim countries and was originally linked to the attack on the American consulate in Libya. 

U.S. Circuit Judge Alex Kozinski, writing for the 2-1 panel, said the case was the rare one in which a filmmaker exceeded the bounds of an actor's implied license.

Several judges on the en banc panel questioned "whether Garcia, who alleges the maker of the YouTube clip lied to her about how he would use her performance, should be pursuing a remedy under a fraud or publicity rights claim instead of copyright law," Bloomberg further reports.

Google was forced to take down the video on YouTube and other sites.