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Actress Has No Copyright in Controversial <i>Muslims</i> Film
The work of an individual performer in a film isn't protected by copyright law, the U.S. Court of Appeals for the Ninth Circuit decided when it ruled in an 11-judge en banc decision that actress Cindy Lee Garcia couldn't use copyright law to force Google to remove a five-second clip of the film Innocence of Muslims from YouTube and other Internet platforms. Garcia v. Google, 12-57302. The en banc ruling reversed last year's controversial 2-1 judicial decision by the Ninth Circuit.
Chief Judge Alex Kozinski's 2014 opinion ordering the clip's removal “gave short shrift to the First Amendment values at stake,” Circuit Judge M. Margaret McKeown wrote in the recent en banc ruling. “The mandatory injunction censored and suppressed a politically significant film based upon a dubious and unprecedented theory of copyright,” she wrote. “In so doing, the panel deprived the public of the ability to view firsthand, and judge for themselves, a film at the center of an international uproar.”
Chief Judge Kozinski responded in a dissent that accused the court's majority of making “a total mess of copyright law.”
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?