Case: 12-57302, 05/18/2015, ID: 9540348, DktEntry: 197-1, Page 20 of 42
20
GARCIA V. GOOGLE
hairstylist, and “best boy” gets listed in the
movie credits because all of their creative
contributions really do matter.
Id.
Garcia’s theory of copyright law would result in the legal
morass we warned against in Aalmuhammed—splintering a
movie into many different “works,” even in the absence of an
independent fixation. Simply put, as Google claimed, it
“make[s] Swiss cheese of copyrights.”
Take, for example, films with a large cast—the proverbial
“cast of thousands”10—such as Ben-Hur or Lord of the
Rings.11 The silent epic Ben-Hur advertised a cast of 125,000
people. In the Lord of the Rings trilogy, 20,000 extras
tramped around Middle-Earth alongside Frodo Baggins
(played by Elijah Wood). Treating every acting performance
as an independent work would not only be a logistical and
financial nightmare, it would turn cast of thousands into a
new mantra: copyright of thousands.
10
The term “cast of thousands” originated as a Hollywood “[a]dvertising
come-on referring to the crowds of background players in a spectacular
epic film.” Blumenfeld’s Dictionary of Acting and Show Business 48
(Hal Leonard Corp. 2009).
11
For information on Ben-Hur, see Ben-Hur, IMDb,
http://www.imdb.com/title/tt0052618/ (last visited Jan. 21, 2015), and
Ben-Hur: A Tale of the Christ, Trivia, IMDb, http://www.imdb.com/title/
tt0016641/trivia (last visited Jan. 30, 2015). For information on Lord of
the Rings, see Lord of the Rings: The Fellowship of the Ring, IMDb,
http://www.imdb.com/title/tt0120737/ (last visited Jan. 21, 2015), and
Lord of the Rings: The Fellowship of the Ring, Trivia, IMDb,
http://www.imdb.com/title/tt0120737/trivia (last visited Jan. 30, 2015).
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