Innocence of Muslims actress Cindy Lee Garcia isn't backing down from her fight against the movie's filmmaker.
Just a week after an L.A. judge denied
Garcia's emergency request to pull the controversial movie down from
the Internet, the actress refilled her case in federal court Wednesday,
according to the Hollywood Reporter, this time tacking on more claims to her suit, which previously included unfair business practices, fraud and libel.
So, what's different this time?
Garcia added copyright claims to the case, is suing the
hundreds of people who reposted the video on YouTube, and is also
asserting that YouTube cannot "lean on the safe harbor provision of the
Digital Millennium Act [to show the video] because it failed to remove
the video at the behest of a copyright owner," THR reports.
This
type of case isn't typical for the entertainment industry, because
actors generally sign release forms that make filmmakers harmless from
claims like libel.
But Garcia's attorney says she never signed a release form.
"It
was a slipshod production," Cris Armenta told the mag. "She didn't
assign copyright. We spoke to six actors [in the film] and their reps
and nobody has come up with something like that. The only thing [Garcia]
signed was that she would receive IMDb credits."
Now that Garcia has filed the case in federal court, she will
have to show why acting performances are copyrightable in order to win.
And it looks like she's already taken the first step to prove it.
According to the Hollywood Reporter,
Armenta registered Garcia's performance at the U.S. Copyright Office,
noting that the performance was not a work-made-for-hire.
Armenta
recently told E! News Garcia filed her original lawsuit and request for
injunction because "she wants to clear her name. She has been the
subject of death threats. She did not consent to use her image or
likeness in this type of production."
Source - E! Online
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