360° Coverage : YouTube ordered to take down anti-Muslim film

2 Updates

YouTube ordered to take down anti-Muslim film

Feb 26 2014, 8:38pm CST | by

SAN FRANCISCO (AP) — A U.S. appeals court ordered YouTube on Wednesday to take down an anti-Muslim film that sparked violent riots in parts of the Middle East and death threats to the...

Filed under: news

 
 
 

33 weeks ago

YouTube ordered to take down anti-Muslim film

Feb 26 2014, 8:38pm CST | by

SAN FRANCISCO (AP) — A U.S. appeals court ordered YouTube on Wednesday to take down an anti-Muslim film that sparked violent riots in parts of the Middle East and death threats to the actors.

The decision by a divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco reinstated a lawsuit filed against YouTube by an actress who appeared briefly in the 2012 video that led to rioting and deaths because of its negative portrayal of the Prophet Muhammad.

YouTube resisted calls by President Barack Obama and other world leaders to take down the video, arguing that to do so amounted to unwarranted government censorship and would violate the Google-owned company's free speech protections. Besides, the company argued that the filmmakers and not the actors of "Innocence of Muslims" owned the copyright and only they could remove it from YouTube.

And typically, that's the case with the vast majority of clips posted on YouTube — and Hollywood in general — that don't violate decency laws and policies. But the 9th Circuit said Wednesday that this case was far from typical and that the actress, 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.

Google argues that the actress had no claim to the film because filmmaker Mark Basseley Youssef wrote the dialogue, managed the entire production and dubbed over Garcia's dialogue during postproduction editing.

Writing for the court, Chief Judge Alex Kozinski said the ruling was not a blanket order giving copyright protection to every actor, but that in this case, Garcia's performance was worthy of copyright protection.

"We need not and do not decide whether every actor has a copyright in his performance within a movie," the judge wrote. "It suffices for now to hold that, while the matter is fairly debatable, Garcia is likely to prevail."

Judge N. Randy Smith dissented, arguing that Garcia's five-second appearance gave her no ownership claims.

"Her brief appearance in the film, even if a valuable contribution to the film, does not make her an author," Smith wrote. "Indeed, it is difficult to understand how she can be considered an 'inventive or master mind' of her performance under these facts."

Youssef, the filmmaker, was sentenced to 21 months in prison for check fraud in 2010 and barred from accessing the Internet without court approval. He was returned to prison in 2012 for violating terms of his probation and was released on probation in September 2013.

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 Inc., which has removed the clip, said it will appeal the decision to a special 11-judge panel of the appeals court. The next move after that would be to ask the U.S. Supreme Court to review the case.

"We strongly disagree with this ruling and will fight it," said Google spokeswoman Abbi Tatton.

Source: AP Business

 
Update
2

7 weeks ago

Khazanah throws MAS RM6b lifeline

Aug 29 2014 5:01pm CDT | Source: Business Times Singapore

August 30, 2014 1:15 AMKHAZANAH Nasional will inject RM6 billion (SS$2.4 billion) over three years to resuscitate loss-making Malaysia Airlines (MAS) under a recovery plan that includes even an Act of Parliament. Other key moves are migrating its operations, assets and liabilities to a new company (NewCo) and slashing the workforce of 20,000 by 30 pe ...
Source: Business Times Singapore   Full article at: Business Times Singapore
 

 
Update
1

7 weeks ago

MAS posts loss of RM307m for Q2

Aug 28 2014 5:00pm CDT | Source: Business Times Singapore

August 29, 2014 1:13 AMMALAYSIA Airlines (MAS) registered a loss of RM307 million (S$122 million) for the second quarter to end-June, but warned of worse to come in the second half when the "full financial impact of the double tragedie ...
Source: Business Times Singapore   Full article at: Business Times Singapore
 

 

Don't miss ...

 

<a href="/latest_stories/all/all/31" rel="author">Associated Press</a>
The Associated Press (AP) is one of the largest and most trusted sources of independent newsgathering, supplying a steady stream of news to its members, international subscribers and commercial customers.

 

blog comments powered by Disqus

Latest stories

WHO declares Nigeria officially Ebola-free (Roundup)
Abuja/Dar-es-Salam/Tokyo, Oct 20 (IANS) The World Health Organisation (WHO) Monday officially declared Nigeria Ebola-free , after no new cases were confirmed in the past 42 days, even as the International Monetary Fund (IMF) appealed to the donor community to provide grants to countries affected by the deadly virus.
 
 
IMF appeals for help to Ebola-hit countries
Dar-es-Salam, Oct 20 (IANS) The International Monetary Fund (IMF) Monday appealed to the donor community to provide grants to countries affected by the Ebola outbreak to avoid a decline in their economies.
 
 
Japanese firm to produce more drug for Ebola
Tokyo, Oct 20 (IANS) Japan's Fujifilm Holdings Corporation announced Monday that it will start production of the anti-influenza drug Avigan in preparation for a larger number of patients infected with the Ebola virus.
 
 
Algeria denies Ebola detection reports
Algiers, Oct 20 (IANS) Algeria Monday denied reports of detection of Ebola virus cases in its territory, media reported.
 
 
 

Latest from the Network

1,074 new dengue cases in Chinese province
Beijing, Oct 18 (IANS) China's Guangdong province has reported 1,047 new cases of dengue fever, health authorities said Saturday. Six people have already died in Guangdong -- five in Guangzhou and one in adjacent...
Read more on Business Balla
 
Blake Lively 'always' wanted to be mum
Blake Lively has ''always'' wanted to be a mother. The 27-year-old actress is expecting her first child with husband Ryan Reynolds and she admits she's been dreaming of this moment since she was a youngster. Speaking...
Read more on Celebrity Balla
 
Kris Jenner 'torn apart' by Bruce's new relationship
Kris Jenner feels ''torn apart and angry'' that Bruce Jenner is dating her former assistant. The 58-year-old matriarch split from the 64-year-old Olympic gold medalist last October following 22-years of marriage but is...
Read more on Celebrity Balla
 
Cheryl Fernandez-Versini won't move to France
Cheryl Fernandez-Versini doesn't want to move to her husband's home country of France. The 'X Factor' judge, 31, who comes from Newcastle, is adamant she won't be relocating any time soon to suit her new spouse Jean-...
Read more on Celebrity Balla
 
Lance Bass sets wedding date
Lance Bass has set a date for his wedding. The former *NSYNC singer and his partner Michael Turchin, who have been dating for two-and-a-half years, are to tie the knot on December 20, 2014, a representative for the...
Read more on Celebrity Balla
 
Nepal avalanche toll reaches 39
Kathmandu, Oct 18 (IANS) At least 39 climbers died while hiking on a key Nepali route after it was hit by a major snowstorm and avalanches earlier this week, BBC reported Saturday citing officials. Over 350 stranded...
Read more on Politics Balla
 
Jake Gyllenhaal says society is complicit in 'nightcrawling'
Jake Gyllenhaal says almost everybody in society ought to relate to his new movie 'Nightcrawlers'. The eagerly-awaited film concerns those people who monitor police scanners and then race to crime scenes to film eye-...
Read more on Movie Balla
 
India eves look for first win in AFC U-16 qualifiers
Dhaka, Oct 18 (IANS) India will hope to register their first win of the 2015 Asian Football Confederation (AFC) Under-16 Women's Championship qualifiers when they take on hosts Bangladesh in a crucial encounter at the...
Read more on Sport Balla
 
Moyes mulling return to management
London, Oct 18 (IANS) Former Manchester United manager David Moyes said that he is ready to revive his managerial career six months after being sacked by the 'Red Devils'. "I am ready to return. I have enjoyed the...
Read more on Sport Balla
 
Ebola fears loom over Ghana hosting AFCON
Accra (Ghana), Oct 18 (IANS) The Ghana Medical Association (GMA) cautioned the government Saturday against hosting the 2015 African Cup of Nations (AFCON), despite a request by the Confederation of African Football (...
Read more on Sport Balla