Does monkey have standing to assert copyright in selfie photos? Judge is skeptical
One of the monkey’s selfies from Wikimedia Commons.
A federal judge in San Francisco hearing arguments on Wednesday appeared unlikely to find standing in a copyright suit filed on a behalf of a monkey who shot selfies published in a wildlife book.
U.S. District Judge William Orrick said during the hearing there was no indication the federal copyright law gave animals the right to sue, report the Recorder (sub. req.), Ars Technica and the Associated Press.
“While Congress and the president can extend the protection of law to animals as well as humans,” Orrick said during the hearing, “there is no indication that they did so in the Copyright Act.”
People for the Ethical Treatment of Animals had sued on behalf of the crested macaque named Naruto, the monkey believed to have snapped selfies with a photographer’s unattended camera. The photographer, David Slater, obtained a British copyright and published the photos in a book by his company Blurb.
PETA says proceeds from the photo should benefit Naruto. The photos have also been published by Wikimedia, which contends works from nonhuman sources aren’t covered by copyright unless a human makes substantial changes.
Orrick said he didn’t believe PETA could establish standing to sue, but he would likely give PETA a chance to file an amended complaint, according to the coverage by the Recorder.
Related articles:
ABAJournal.com: “PETA lawyer discusses monkey’s copyright suit over selfie”
ABAJournal.com: “Monkey selfies do not qualify for copyright protection, US regulators say”
ABAJournal.com: “Who owns the copyright to monkey’s selfie? Wikimedia denies photographer’s takedown request”
