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Garcia has accused the purported filmmaker of fraud, libel and unfair business practices.
But her federal lawsuit also asserts a copyright claim to her performance in the video, titled “The Innocence of Muslims,” and accuses Google of infringing on that copyright by distributing the video without her approval via YouTube.
But in a three-page ruling, the judge questioned the validity of such a claim. He held that even if she could prove a legitimate copyright interest in her film performance, she effectively relinquished her rights to producers of the film.
Fitzgerald also ruled that Garcia failed to show that she would suffer irreparable harm without an injunction.
Garcia’s lawsuit identifies Nakoula Basseley Nakoula, 55, an Egyptian-born Coptic Christian living in the Los Angeles area, as the film’s producer. His legal name has since been established to be Mark Basseley Youssef and he served time in federal prison for bank fraud.
According to the lawsuit, Youssef operated under the assumed name of Sam Bacile when he misled Garcia and other performers into appearing in an anti-Muslim film they believed was to be an adventure drama called “Desert Warrior.” She claims to have since received death threats.
Despite Friday’s ruling against her, “we hope that worldwide the message has been heard that Ms. Garcia was not complicit and did not voluntarily participate in this heinous piece of hate speech,” her lawyer said in a statement.
Youssef was sent back to jail for a year on Nov. 7 for probation violations stemming from his role in making the video, including his use of an alias in connection with the film.