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ARTICLE · 09 APRIL 2014

When Is An Actor An Author?

A recent U.S. case raises some interesting copyright issues concerning the rights of actors who appear in a film.

CanadaIntellectual Property

A recent U.S. case raises some interesting copyright issues concerning the rights of actors who appear in a film.

The Facts

The plaintiff, an aspiring actress, answered a casting call for a low-budget amateur film. The working title of the film was "Desert Warrior" which was to be an adventure film set in ancient Arabia. The writer and producer cast the plaintiff in a minor role. She was given four pages of the script in which her character appeared and paid approximately $500 for three and a half days of filming. The producer did not obtain any formal assignment of copyright or other applicable consent or waivers from the plaintiff.

The "Desert Warrior" never materialized and instead, the plaintiff's scene was used in an anti-Islamic film titled the "Innocence of Muslims."  The plaintiff first saw the "Innocence of Muslims" after it was uploaded to YouTube.com. She discovered that her performance had been partially dubbed over so that she appeared to be asking

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