|Kats like to get to the legal issues behind the news|
|Establishing that an actor is a co-author is as easy|
as being a supersonic diver, isn't it Felix?
'A performer's work would not be considered original, and thus would not be copyrightable, to the extent that the actor's material is described in the screenplay, is originated by the director, is dictated by necessity, consists of standard, stock movements, or is copied from other performances'.
'the standard for joint authorship of a film in the United States is biased against actors being able to claim copyright in the scenes they perform. More likely the copyright goes to the movie studio or the one producing or directing the film. Here, Ninth Circuit precedent in Aalmuhammed v Lee, 202 F.3d 1227, 1233 (9th Cir. 2000) creates a high standard of (i) the exercise of control over the work and (ii) intent of participants to be considered joint authors that Garcia may not be able to meet'.
|What work of hire agreement?|
'California state law recognizes a right of publicity claim based on proof of the following elements: "(1) the defendant's use of the plaintiff's identity; (2) the appropriation of plaintiff's name or likeness to defendant's advantage, commercially or otherwise; (3) lack of consent; and (4) resulting injury." (Stewart v Rolling Stone LLC, 181 Cal. App. 4th 664, 679 (Ct. App. 2010)). The basic idea is that someone else has taken your identity without consent and misappropriated it for the person's own advantage...Although Garcia didn't raise this claim in her federal complaint (not sure if it was raised in the state complaint, either), Garcia's plight appears to be exactly what right of publicity is supposed to address. It enables people to control the commercial use of their identities in order to protect the economic value they have built up in their names and reputations. If Garcia can prove that Nakoula obtained her participation in the video through fraud, then she would be entitled to a rescission of her agreement with Nakoula, making it void. Likewise, if Nakoula went beyond the terms of what Garcia agreed to in being a part of the video, Nakoula would lack the necessary consent to use Garcia's identity beyond the terms of her consent'.