The 9th Circuit Court of Appeals in Garcia v. Google however found that the absence of a statutory provision conferring an independent copyright on the performance did not imply that performances were not entitled to a protection. The Court observed that if the originality threshold, as was enunciated by the SCOTUS in Feist was met, then such original performances be in musical, dramatic or other performances were entitled to copyright, if they were themselves not unauthorized or otherwise infringing. It is important to note that Court did not consider the fact that the "performance" of a work was itself a covered right under copyright to be repugnant with the conclusion that performers could enjoy copyright protection.