Case: 12-57302, 05/18/2015, ID: 9540348, DktEntry: 197-1, Page 19 of 42
GARCIA V. GOOGLE
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provides a useful foundation. There, we examined the
meaning of “work” as the first step in analyzing joint
authorship of the movie Malcolm X. The Copyright Act
provides that when a work is “prepared by two or more
authors with the intention that their contributions be merged
into inseparable or interdependent parts of a unitary whole,”
the work becomes a “joint work” with two or more authors.
17 U.S.C. § 101 (emphasis added). Garcia unequivocally
disclaims joint authorship of the film.
In Aalmuhammed, we concluded that defining a “work”
based upon “some minimal level of creativity or originality
. . . would be too broad and indeterminate to be useful.”9
202 F.3d at 1233 (internal quotation marks omitted). Our
animating concern was that this definition of “work” would
fragment copyright protection for the unitary film Malcolm X
into many little pieces:
So many people might qualify as an “author”
if the question were limited to whether they
made a substantial creative contribution that
that test would not distinguish one from
another. Everyone from the producer and
director to casting director, costumer,
9
Although the ultimate issue in Aalmuhammed pertained to joint
authorship, the definition of “work” was essential, just as in our case, to
the analysis. 202 F.3d at 1233–34; see also Richlin v. Metro-GoldwynMayer Pictures, Inc., 531 F.3d 962, 968 (9th Cir. 2008) (relying on
Aalmuhammed in reasoning that to determine authorship, the court must
first determine the “work” to be examined).
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