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
