Monkey selfie copyright dispute
Monkey selfie copyright dispute
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Monkey selfie copyright dispute

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Monkey selfie copyright dispute

Between 2011 and 2018, a series of disputes took place about the copyright status of selfies taken by Celebes crested macaques using equipment belonging to the British wildlife photographer David J. Slater. The disputes involved Wikimedia Commons and the blog Techdirt, which have hosted the images following their publication in newspapers in July 2011 over Slater's objections that he holds the copyright, and People for the Ethical Treatment of Animals (PETA), who have argued that the copyright should be assigned to the macaque.

Slater has argued that he has a valid copyright claim because he engineered the situation that resulted in the pictures by travelling to Indonesia, befriending a group of wild macaques, and setting up his camera equipment in such a way that a selfie might come about. The Wikimedia Foundation's 2014 refusal to remove the pictures from its Wikimedia Commons image library was based on the understanding that copyright is held by the creator, that a non-human creator (not being a legal person) cannot hold copyright, and that the images are thus in the public domain.

Slater stated in August 2014 that, as a result of the pictures being available on Wikipedia, he had lost at least £10,000 (equivalent to £14,143 in 2023) in income and his business as a wildlife photographer was being harmed. In December 2014, the United States Copyright Office stated that works that lack human authorship, such as "a photograph taken by a monkey", cannot have their copyright registered at the US Copyright Office. Several legal experts in the US and UK have argued that Slater's role in the photographic process would have been sufficient to establish a valid copyright claim, though this decision would have to be made by a court.

In a separate dispute, PETA tried to use the monkey selfies to establish a legal precedent that animals should be declared copyright holders. Slater had published a book containing the photographs through the self-publishing company Blurb, Inc. In September 2015, PETA filed a lawsuit against Slater and Blurb, requesting that the copyright be assigned to the macaque and that PETA be appointed to administer proceeds from the photos for the endangered species' benefit. In dismissing PETA's case, a federal district court ruled that a monkey cannot own copyright under US law. PETA appealed. In September 2017, PETA and Slater agreed to a settlement in which Slater would donate a portion of future revenues on the photographs to wildlife organizations. However, the court of appeals declined to dismiss the appeal and declined to vacate the lower court judgment.

In April 2018, the appeals court ruled against PETA, stating in its judgement that animals cannot legally hold copyrights and expressing concern that PETA's motivations had been to promote their own interests rather than to protect the legal rights of the monkeys.

Since 2008, British nature photographer David Slater had traveled to Indonesia to take photographs of the critically endangered Celebes crested macaques. In 2011 he licensed several images to the Caters News Agency who released them, along with a written promotional press release with quotes from Slater, for publication in the British media. On 4 July 2011 several publications, including The Telegraph and The Guardian, picked up the story and published the pictures along with articles that quoted Slater as describing the photographs as self-portraits taken by the monkeys, such as "Monkey steals camera to snap himself" (The Telegraph), and "a camera on a tripod" triggered by the monkeys (The Guardian). The articles also contained Slater quotes such as "He must have taken hundreds of pictures by the time I got my camera back." The following day, Amateur Photographer reported that Slater gave them further explanation as to how the photographs were created, downplaying the way newspaper articles had described them; Slater said reports that a monkey ran off with his camera and "began taking self-portraits" were incorrect and that the portrait was shot when his camera had been mounted on a tripod, with the primates playing around with a remote cable release as he fended off other monkeys.

Slater gave further description on his website and in other media accounts, saying he and a guide followed the monkeys for three days, gaining their trust on the second day. According to Slater, in his attempts to get photographs of the monkeys, he found that they were fascinated with the camera equipment and kept playing with it, but they also kept trying to run off with the camera. Slater wrote in a 7 August 2014 Amateur Photographer follow-up article: "I wanted a close-up image but I couldn't do it. They were too nervous, so I had to get them [the monkeys] to come to the camera without me being there and get them to play with the release, which they did ... They were looking at the reflection in the lens, which they found amusing." In an attempt to get a portrait of the monkeys' faces, Slater said he set the camera on a tripod with a large wide-angle lens attached, and set the camera's settings to optimize the chances of getting a facial close up, using predictive autofocus, motor drive, and a flashgun. Slater further stated that he set the camera's remote shutter trigger next to the camera and, while he held onto the tripod, the monkeys spent 30 minutes looking into the lens and playing with the camera gear, triggering the remote multiple times and capturing many photographs. The session ended when the "dominant male at times became over excited and eventually gave me a whack with his hand as he bounced off my back". Slater also said in a 28 July 2017 Vice magazine interview that some news outlets were misreporting how he obtained the selfie, but he went along with it because it was "a bit of fun and some good publicity for the conservation cause".

On 9 July 2011, an editor on Wikimedia Commons, a site that only accepts media available under a free content license or in the public domain, uploaded the selfie photographs from The Daily Mail. The uploader claimed that the photographs were in the public domain as "the work of a non-human animal", adding that "it has no human author in whom copyright is vested". Slater discovered this a few days later and requested that the Wikimedia Foundation remove the photos. Initially, an administrator at Commons removed the images, but they were later restored after a community discussion on their copyright nature. Slater continued to challenge the foundation to remove the image. The foundation reviewed the situation, but made the determination that the images were in the public domain and denied Slater's request; in its transparency report for August 2014, the foundation stated "copyright cannot vest in non-human authors" and "when a work's copyright cannot vest in a human, it falls into the public domain".

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