Cindy Lee Garcia — an “Innocence of Muslims” actress who said she was duped into the role — re-filed her lawsuit against YouTube, the film’s producer and any users who re-posted the video on YouTube in federal court in Los Angeles on Wednesday.
In addition to fraud, libel and severe emotional distress, Garcia is now asserting copyright claims, according to a complaint filed by her lawyer and obtained by TheWrap.
The actress from Bakersfield, Calif. aims to prove that actors are entitled to a piece of the copyright when “authoring” performances – and she didn’t sign a release waving that right.
Garcia also continues to fight YouTube, asserting the Digital Millennium Copyright Act does not protect Google’s video brand because it did not remove the 14-minute trailer at the request of Garcia, a copyright owner.
The actress is also suing all users who have reposted the video on YouTube.
Garcia’s first lawsuit against YouTube and the film's producer was dismissed by a California judge.
Judge Luis Lavin denied Garcia's request because there was "not a sufficient showing of evidence" and because he considered a federal law called the Communications Decency Act and thought that barred the release, her lawyer told TheWrap.
In the original complaint obtained by TheWrap, Garcia claimed she lost her job, received death threats and was no longer trusted to babysit her grandchildren.
Garcia also claimed the film’s producer Nakoula Bassely Nakoula told her that the fledgling project was a “historical Arabian Desert adventure film” — not an anti-Muslim statement — after she responded to his casting call in Backstage.
The original script was called “Desert Warriors,” she alleged, and the Muslim prophet Mohammed, who was portrayed unfavorably in the resulting trailer, was never mentioned on the set.
When Garcia asked Google, which owns YouTube, to remove the defamatory video, the company refused, according to the complaint.
Pamela Chelin contributed to this report