Case: 12-57302, 05/18/2015, ID: 9540348, DktEntry: 197-1, Page 24 of 42
24
GARCIA V. GOOGLE
dangers she hopes to remedy through an injunction. Garcia
seeks a preliminary injunction under copyright law, not
privacy, fraud, false light or any other tort-based cause of
action. Hence, Garcia’s harm must stem from copyright—
namely, harm to her legal interests as an author. Salinger v.
Colting, 607 F.3d 68, 81 & n.9 (2d Cir. 2010) (“The relevant
harm is the harm that . . . occurs to the parties’ legal interests
. . . .”).
Looking to the purpose of copyright underscores the
disjunction Garcia’s case presents. Article 1, Section 8 of the
U.S. Constitution provides that copyrights “promote the
Progress of Science and useful arts.” Hence, the “Framers
intended copyright itself to be the engine of free expression.
By establishing a marketable right to the use of one’s
expression, copyright supplies the economic incentive to
create and disseminate ideas.” Harper & Row Publishers,
Inc. v. Nation Enters., 471 U.S. 539, 558 (1985); see also
Eldred v. Ashcroft, 537 U.S. 186, 219 (2003) (noting that
“copyright’s purpose is to promote the creation and
publication of free expression”) (emphasis in original). In
keeping with copyright’s function, “the justification of the
copyright law is the protection of the commercial interest of
the []author. It is not to . . . protect secrecy, but to stimulate
creation by protecting its rewards.” Salinger, 607 F.3d at 81
n.9 (quoting New Era Publ’ns Int’l, ApS v. Henry Holt & Co.,
695 F. Supp. 1493, 1526 (S.D.N.Y. 1988)).
As Garcia frames it, “the main issue in this case involves
the vicious frenzy against Ms. Garcia that the Film caused
among certain radical elements of the Muslim community,”
which has caused “severe emotional distress, the destruction
of her career and reputation” and credible death threats. With
respect to irreparable harm, she argues that “[t]he injuries she
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents