Blackberry girl falls into fountain.

This girl (who fell into a fountain in a mall while bbming) caused major youtube hype. She was so upset that her epic fail had been turned into a youtube video that is now trying desperately to sue the mall security for releasing the footage.

So, can the above-said epic fail be labeled a 'performance'? And, does the fact that she has revealed her identity by publicly announcing that she wishes to sue the mall count as even more of a performance?

Where is the performance in this story? Who knows about it? Who is participating?

Also, on what grounds can the girl sue for this footage? Surely it belongs to the company that took it? But then, she claims that it is hers because it is OF her.

Tricky.