Case: 12-57302, 05/18/2015, ID: 9540348, DktEntry: 197-1, Page 27 of 42
GARCIA V. GOOGLE
27
control the integrity of their works and to guard against
distortion, manipulation, or misappropriation. See Kelley v.
Chicago Park Dist., 635 F.3d 290, 296 (7th Cir. 2011)
(describing differences in moral rights in American copyright
law versus other countries). Except for a limited universe of
works of visual art, such as paintings and drawings protected
under the Visual Artists Rights Act of 1990, United States
copyright law generally does not recognize moral rights.
17 U.S.C. § 106A. Motion pictures specifically are excluded
from moral rights protection. § 106A; § 101 (“[W]ork of
visual art does not include . . . any . . . motion picture or other
audiovisual work . . . .”).
In short, Garcia’s harms are too attenuated from the
purpose of copyright. We do not foreclose that in a different
circumstance with a strong copyright claim, a court could
consider collateral consequences as part of its irreparable
harm analysis and remedy. 17 U.S.C. § 502 (providing that
the court may grant injunctions “as it may deem reasonable
to prevent or restrain infringement of a copyright”). But such
a case is not before us.
Garcia waited months to seek an injunction after
Innocence of Muslims was uploaded to YouTube in July
2012; she did not seek emergency relief when the film first
surfaced on the Internet. The district court did not abuse its
discretion by finding this delay undercut Garcia’s claim of
irreparable harm. See Oakland Tribune, Inc. v. Chronicle
Publ’g Co., 762 F.2d 1374, 1377 (9th Cir. 1985) (“Plaintiff’s
long delay before seeking a preliminary injunction implies a
lack of urgency and irreparable harm.”); 4 Nimmer on
Copyright § 14.06[A][3][c] (noting unreasonable delay can
defeat irreparable injury and the length of time “need not be
great”). Garcia notes that she moved swiftly once the film
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