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UPDATE Ninth Circuit Won't Rehear Denial of Stay for Google in "Innocence of Muslims" Case

Posted by Nicholas O'Donnell on March 18, 2014 at 6:02 AM

Just two days after the parties submitted briefing (including the revelation that Cindy Lee Garcia's registration request had been rejected by the U.S. Copyright Office) on a Ninth Circuit judge's sua sponte request for a vote on whether to rehear the denial of a stay of the Court's February 26, 2014 decision finding a likelihood that Garcia had a copyrightable performance in "Innocence of Muslims," the Court has voted not to reconsider that denial, and the ruling stands in force for now. This decision only affects Google's request not to be required to take down all copies of the video from YouTube while the appeal is pending, a take down that it will now have to continue or be completed. The decision offers no rationale, other than that a majority of the court voted not to stay the matter.

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Topics: sua sponte, U.S. Copyright Office, Innocence of Muslims, Copyright, Cindy Lee Garcia, Google

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The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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