Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Monkey Prohibited Copyright In A “Selfie”

Author: Fred D. Zemel

Date: January 22, 2016

Key Contacts

Back

A federal judge in California recently delivered some bad news to a macaque named Naruto. Hon. William H. Orrick of the U.S. District Court for the Northern District of California tentatively ruled that the animal is not entitled to a copyright in a “selfie” photograph she took after absconding with the camera of British photographer David Slater

A federal judge in California recently delivered some bad news to a macaque named Naruto. Hon. William H. Orrick of the U.S. District Court for the Northern District of California tentatively ruled that the animal is not entitled to a copyright in a “selfie” photograph she took after absconding with the camera of British photographer David Slater. 

Monkey Selfie

The Legal Background 

As previously detailed on the Scarinci Hollenbeck Business Law News Blog, Slater traveled to Indonesia to capture the crested black macaque. While he was shooting, one of primates hijacked his camera and took over 100 selfies. Not surprisingly, one of the photos she took of herself went viral after Slater posted it online.

Wikimedia Foundation, which owns Wikipedia, posted the “selfie” in its online database of public domain images. Upon discovering the image, Slater demanded that the company remove it. He argued that the copyright should vest in him because he owns the camera that captured the image and expended significant resources to capture the shot. Wikipedia refused to take down the photo, maintaining that the selfie is in the public domain because “non-human authors” are not granted an automatic copyright of photographs that they take.

The selfie saga took another strange legal twist when the People for the Ethical Treatment of Animals (PETA) filed suit against Slater and his publisher. The animal rights group maintained that the macaque was the rightful copyright owner. The copyright infringement suit argued:

Naruto has the right to own and benefit from the copyright in the Monkey Selfies in the same manner and to the same extent as any other author. Had the Monkey Selfies been made by a human using Slater’s unattended camera, that human would be declared the photographs’ author and copyright owner. While the claim of authorship by species other than homo sapiens may be novel, “authorship” under the Copyright Act, 17 U.S.C. § 101 et seq., is sufficiently broad so as to permit the protections of the law to extend to any original work, including those created by Naruto. 

The Applicable Copyright Laws 

Under U.S. copyright law, ownership rights vest immediately. However, works must satisfy three criteria in order to obtain copyright protection. They must be in tangible medium, be original, and have author. In this case, the third requirement is causing the most debate.

In response to the initial dispute between Slater and Wikimedia, the U.S. Copyright Office issued guidance expressly stating that works created by non-humans are not subject to copyright protection. In its list of examples of non-copyrightable work, the Office included a “photograph taken by a monkey” 

The Court’s Decision 

The California federal court agreed that animals may not considered authors under federal copyright law. It also held that they do not have standing to sue under the Copyright Act. Its tentative order dismissing PETA’s lawsuit stated:

In line with the Ninth Circuit’s opinion in Cetacean Community v. Bush, that while Congress and the President can extend the protection of law to animals as well as humans, there is no indication that they did so in the Copyright Act. The Copyright Office’s Compendium is consistent with the Court’s understanding.

 Of course, this is likely not the final chapter of the strange copyright tale. PETA is expected to appeal the decision to the Ninth Circuit Court of Appeals.

Related Articles 
Do Chimps Have Legal Rights? NY Lawsuit May Answer the Question

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Tariff Response Options for Small Businesses Facing Financial Distress post image

Tariff Response Options for Small Businesses Facing Financial Distress

The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]

Author: Brian D. Spector

Link to post with title - "Tariff Response Options for Small Businesses Facing Financial Distress"
Common Causes of Partnership Disputes and How to Resolve Them post image

Common Causes of Partnership Disputes and How to Resolve Them

Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]

Author: Christopher D. Warren

Link to post with title - "Common Causes of Partnership Disputes and How to Resolve Them"
President Trump's Termination of Member Gwynne Wilcox post image

President Trump's Termination of Member Gwynne Wilcox

On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]

Author: Matthew F. Mimnaugh

Link to post with title - "President Trump's Termination of Member Gwynne Wilcox"
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!