Case: 12-57302, 05/18/2015, ID: 9540348, DktEntry: 197-1, Page 26 of 42
26
GARCIA V. GOOGLE
copyright infringement. Bollea v. Gawker Media, LLC,
913 F. Supp. 2d 1325, 1327 (M.D. Fla. 2012). The district
court found an absence of irreparable harm because Hogan
“produced no evidence demonstrating that he will suffer
irreparable harm in the copyright sense absent a preliminary
injunction. The only evidence in the record reflecting harm
to [Hogan] relates to harm suffered by him personally and
harm to his professional image due to the ‘private’ nature of
the Video’s content. This evidence does not constitute
irreparable harm in the context of copyright infringement.”
Id. at 1329; cf. New Era Publ’ns, 695 F. Supp. at 1499
(denying injunction sought “not in good faith for its intended
purpose of protecting the value of publication rights, but
rather to suppress a derogatory study of the founder of the
Church of Scientology”).
Privacy laws, not copyright, may offer remedies tailored
to Garcia’s personal and reputational harms. On that point,
we offer no substantive view. Ultimately, Garcia would like
to have her connection to the film forgotten and stripped from
YouTube. Unfortunately for Garcia, such a “right to be
forgotten,” although recently affirmed by the Court of Justice
for the European Union, is not recognized in the United
States. See Case C-131/12, Google Spain SL v. Agencia
Española de Protección de Datos (AEPD),
ECLI:EU:C:2014:616 (May 13, 2014) (requiring Google to
consider individual requests to remove personal information
from its search engine); Internet Law—Protection of Personal
Data—Court of Justice of the European Union Creates
Presumption that Google Must Remove Links to Personal
Data Upon Request, 128 Harv. L. Rev. 735 (2014).
Nor is Garcia protected by the benefits found in many
European countries, where authors have “moral rights” to
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