Legal Opinion

Cindy Garcia v. Google, Inc.

Court of Appeals for the Ninth Circuit

Decided May 18, 2015No. 12-57302PublishedCited by 587 opinions

1Opinion of the Court

Opinion by Judge MCKEOWN; Concurrence by Judge WATFORD; Dissent by Judge KOZINSKI.

OPINION

McKEOWN, Circuit Judge:

In this case, a heartfelt plea for personal protection is juxtaposed with the limits of copyright law and fundamental principles of free speech. The appeal teaches a simple lesson — a weak copyright claim cannot justify censorship- in the guise of authorship.

By all accounts, Cindy Lee Garcia was bamboozled when a movie producer transformed her five-second acting performance into .part of a blasphemous video proclamation against the Prophet Mohammed.1 The producer — now in jail on…

2Cases cited29 opinions

  1. Alliance for Wild Rockies v. CottrellCourt of Appeals for the Ninth Circuit · 2011
  2. Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co.Court of Appeals for the Ninth Circuit · 2009
  3. Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
  4. Salinger v. ColtingCourt of Appeals for the Second Circuit · 2010
  5. 21 Fair empl.prac.cas. 990, 22 Empl. Prac. Dec. P 30,594 Ina P. Anderson v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1980

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3Cited by587 opinions

  1. Disney Enterprises, Inc. v. Vidangel, Inc.Court of Appeals for the Ninth Circuit · 2017
  2. Cammer v. BloomDistrict Court, D. New Jersey · 1989
  3. 16 Casa Duse, LLC v. MerkinCourt of Appeals for the Second Circuit · 2015
  4. TD Bank NA v. Vernon Hill, IICourt of Appeals for the Third Circuit · 2019
  5. Nat'l Wildlife Fed'n v. Nat'l Marine Fisheries Serv.Court of Appeals for the Ninth Circuit · 2018

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