February 26, 2014
UPDATE: Eugene Volokh writes that the linked piece is unfair to the 9th Circuit opinion, and references his post on the subject. “The producer apparently did a very shoddy job of getting licenses from his actors; as a result it may well be that the plaintiff has a copyright in her performance in the movie, and the movie uses it without a license. . . . Incidentally, YouTube might still have a good fair use argument in the case going forward. (It’s just at the preliminary injunction phase.) But for whatever reason it didn’t make that argument on appeal.”
Good points, and Eugene is an expert. Given the history of this film, though, it’s hard to give the benefit of the doubt to the authorities.