The Selfie-Taking Monkey Who Has No Idea He Has Lawyers Has Appealed His Copyright Lawsuit
from the satire-is-dead dept
Welp. Here we go again. For many, many years, we've been tracking the insane legal situation of the selfie-taking monkey, whose name we were told only recently is "Naruto." Early on in this saga, back in 2011, our focus was on how the photographer whose camera was used, David Slater, had no legitimate claim to the copyright in the image, in large part because the copyright goes to whoever took the photo, and the copyright cannot go to a monkey, because copyright law is limited to "persons." Every so often Slater would pop up somewhere or somehow and yell about this -- twice representatives of his even threatened us with completely bogus legal action.However, things took a turn for the even more bizarre a year ago when PETA, an organization that sometimes appears to focus more on professional trolling rather than on the "ethical treatment of animals" as its name suggests, claimed to represent the monkey (Naruto!) and sued Slater himself for falsely claiming the copyright. While we agree that Slater doesn't hold the copyright, neither does the monkey, because no one holds the copyright.
Amazingly, PETA, claiming to represent the interests of an Indonesian monkey, somehow secured the services of a really big name law firm, Irell & Manella, whose name should always be associated with the fact that it took this insane case. Irell & Manella (again, somehow, this is considered a respected law firm) took the nutty position that there must be a copyright in the image, and thus the monkey deserves to get it. It completely ignores the fact that not everything gets a copyright. It's as if the lawyers at Irell & Manella don't even understand how copyright law works.
The judge in the case made quick work of this and confirmed, as pretty much everyone already recognized, that a monkey can't have copyright. But, this is PETA, and PETA won't give up until the trolling has completed its course. So it appealed and it has now filed its opening brief.
I have no idea if David Schwartz at Irell & Manella is doing this pro bono or actually wasting PETA's money here, but if I were a PETA supporter/donor, I'd be pissed off that this is the way the organization is burning money:
The Constitution authorizes Congress “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” U.S. CONST. art. I, § 8, cl. 8. Neither the Copyright Clause nor the Copyright Act contains on its face a limitation solely to authors with human attributes or characteristics. The district court erred in carving out such an exemption here. It is not necessary—indeed it is antithetical to the purpose of the Copyright Act—to specify who can be an author, as that question is determined by looking at the attributes of the work sought to be protected. The Copyright Act protects “original works of authorship,” not works of “human authors.” See 17 U.S.C. § 102. Moreover, the Monkey Selfies have all the attributes required for protection under the Copyright Act. To exempt them from protection on the sole ground that Congress did not specify that animals can be authors assumes erroneously that such specification would have been necessary.This is pure nuttiness. The monkey selfies do not have all the attributes required for protection, because protection only goes to human beings. Why? Because copyright is supposed to act as an incentive to create. The monkey has no fucking clue about the copyright, and it had nothing to do with the incentive to create. Because it's a monkey. In Indonesia. Named Naruto. Who has no idea that some ridiculous lawyers are now in an appeals court in California pretending to represent its "interests."
Since enacting the Copyright Act of 1790, Congress and the Supreme Court have instructed that the copyright laws should be interpreted liberally in order to safeguard the “general benefits derived by the public” from works of authorship. Sony Corp. of Am. v. Universal City Studios, 464 U.S. 417, 429 (1984). Because copyright protection exists primarily to advance society’s interest in increasing creative output, it follows that the protection under the Copyright Act does not depend on the humanity of the author, but on the originality of the work itself. The Copyright Act was intended to be broadly applied and to gradually expand to include new forms of expression unknown at the time it was enacted. Congress and the courts have explained that copyright protection is critical to ensuring the general public has access to works of authorship. The public places value in these works—and, self-evidently, so do the Defendants.I cannot believe that lawyers are actually using the case that legalized the VCR (Sony v. Universal Studios) as the basis for arguing a monkey gets copyright. And copyright protection for a monkey is in no way critical for "ensuring the general public has access to works of authorship." It is not as if the monkey having or not having the copyright changes, in any way, the monkey's incentive to click buttons on cameras left on the ground.
The lawyers pretending to represent Naruto go on to claim that even though there's pretty clear 9th Circuit precedent saying that animals lack standing to sue unless expressly granted in the law, that doesn't apply to copyright law, because copyright law is just so awesome. And they continue to claim that copyright is necessary because the work is so valuable -- which is, you know, not how copyright law works:
Yet if animals cannot be authors, there is no copyright protection for their works.... This is fundamentally at odds with the fact that “[c]opyright protection extends to all ‘original works of authorship fixed in any tangible medium’ of expression.” ... It is also antithetical to the public interest, and hence, the stated purpose of the Copyright Clause. There is no doubt that the general public has an interest in works of art, regardless of their authors’ characteristics or attributes. The tremendous interest in Naruto’s work and Defendants’ attempts to exploit that interest (and to bar others from doing so) only buttresses this conclusion.The idea that the lawyers at Irell and Manella are literally arguing that the public domain is "antithetical to the public interest" should mark them as complete numbskulls on copyright law.
One hopes that the 9th Circuit will make quick work of this case and toss it out. But, of course, there is the fear that the 9th Circuit will do what it does all too often in copyright cases... and come out with some nutty decision. Remember, this is the circuit that (thankfully, only for a short while before it reconsidered) decided that there was a brand new separate copyright for every actor's performance in a film -- so you could see the case come out with some totally ridiculous result. So, stay tuned. Plenty of us will be, though I can assure you that a certain macaque monkey in Indonesia could not care any less about these proceedings, even if he's officially the plaintiff in the case.
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Filed Under: 9th circuit, copyright, david slater, monkey selfie, naruto
Companies: irell & manella, peta
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sad
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My biggest problem with these stories..
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Re: My biggest problem with these stories..
The reasoning in this brief is as if it were written by monkeys.
Therefore, monkeys can be authors.
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Re: Re: Re: Re: My biggest problem with these stories..
I don't want to see monkeys patenting techniques for using sticks for fishing out termites from their hive and have others arguing obviousness or prior art in court.
That's ridiculous. In particular, it's ridiculous if humans do it in effigy and purport to do it on the monkeys' behalf. That's like monkeys pretending to shoot with a stick. It's parody, even if the court case is about humans pretending to be monkeys mimicking humans.
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Insanity Continues
Now David Slater himself is a defendant too along with I guess everyone else.
Maybe they should include the camera manufacturer as a defendant as well... you know... just because.
At this point... I bet David just wished he just said he took it himself. Of course it would not have had an interesting back story... but at least this CF would not exist.
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Ahem. No, really, with the way intellectual property laws are working today, why not give copyrights to monkeys or even fishes. Why not go fully insane? (note: use your sarcasm detector well)
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I agree though, my heart breaks thinking that 70 years of his decendants might miss out on the piles of cash this one image might generate for them. Absent the cash, where is the motivation Naruto needs to create?
Of course, this completely discounts that the image was created a) without any awareness one was being created, b) without any expectation of any kind of monetary gain (what's money to a monkey anyway?) and c) even without the points above he still created the image, presumably due to the novelty and fun of exploring the object itself.
It's almost like sometimes creation itself can be it's own reward.
What I'd really like to know though is the monkey even aware that he created an image, how does he feel about the image and the experience on location, is he happy with his representation, and what does he plan to photograph for his next viral image? Will he stick with his formula of selfies, or branch out? (heh).
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2nd Verse, same as the first, a little bit louder & a whole lot worse...
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Re: 2nd Verse, same as the first, a little bit louder & a whole lot worse...
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legal sauce
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I have a personal theory that PETA is a front for the beef, pork and chicken industries. A popular and respected animal rights movement would lead to higher and more expensive standards for raising farm animals. To prevent this, they've created an organization with so much disgraceful publicity that the term "animal rights group" becomes synonymous with "a bunch of wingnuts."
This keeps rational people away from the animal rights cause. If PETA didn't exist, the beef and pork industries would be smart to create an organization just like them.
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This seems like it is an exploitation of an animal for profit. I guess PETA does not do irony well.
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Even Masnick thinks the monkey is a person
...the selfie-taking monkey, *whose* name we were told only recently is "Naruto."...
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Case Closed
313.2 Works That Lack Human Authorship
As discussed in Section 306, the Copyright Act protects “original works of authorship.” 17 U.S.C. § 102(a).
To qualify as a work of “authorship” a work must be created by a human being
.
See Burrow-Giles Lithographic Co., 111 U.S. at 58.
Works that do not satisfy this requirement are not
copyrightable
.
The Office will not register works produced by nature, animals, or plants. Likewise, the Office cannot register
a work purportedly created by divine or supernatural beings.
Examples
:
•
A photograph taken by a monkey.
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A mural painted by an elephant.
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A claim based on the appearance of actual animal skin.
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A claim based on driftwood that has been shaped and smoothed by the ocean.
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A claim based on cut marks, defects, and other qualities found in natural stone.
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An application for a song naming the Holy Spirit as the author of the work.
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Re: Case Closed
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At which point PETA is pushed aside by the "sovereign citizen" movement....
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Re: Case Closed
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PETA wasting money?
In order to think that they are wasting PETA's money, you have to believe that PETA does actual good work. I don't believe there is any merit to what it does.
In order to be a PETA donor, you have to be either stupid, or massively ignorant of what PETA does.
For an example of what PETA does:
https://www.washingtonpost.com/national/religion/at-petas-shelter-most-animals-are-put-down-pet a-calls-them-mercy-killings/2015/03/12/e84e9af2-c8fa-11e4-bea5-b893e7ac3fb3_story.html
PETA kills a higher proportion of the animals that come into its shelters than most other shelters.
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Ulterior Motive
If PETA can get the monkey rights then that brings all animals more rights. If they can get animals more rights then the animals are closer to humans. If they are closer to humans then humans will not be able to kill animals for food. Etc etc etc.
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Re: Ulterior Motive
PETA's interest in this particular case is they're taking a long-shot chance that they can get human rights for animals. They've been very vocal about that long-term goal for years.
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That joke is not funny any more
I think defendants will pretty much argue the same (monkey has no standing), but I'm thinking that they should also try to kill the case on jurisdiction grounds. I have argued elsewhere that the case should not be heard in California.
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Essentially completing the loop which started in April this year, when David Slater paid Irell & Manella to try to generate him some publicity.
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It wouldn't be so bad if copyright only existed where the author intended to create a copyrightable work at the time of creation, with evidence of intent being relevant to at least rebut the granting of a copyright.
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Who owns the pictures when a camera trap is used?
Since the animals triggered the trap.
How about security cameras that start to record when triggered by motion?
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Re: Who owns the pictures when a camera trap is used?
I'm really hoping this is an honest question by someone who's not read the previous articles on the subject, and in case it is...
A camera trap is specifically set up to take pictures under certain conditions, conditions decided on and created by a human(in other words someone capable of owning a copyright), meaning the human involved has at least some creative input over the picture. The camera is positioned at this position, pointed in this direction, and so on.
In this case however there was no 'creative input' on the part of a human at all. Slater, by his own words(originally, before he realized the impact of them), screwed up and left a very valuable piece of equipment in reach of several monkeys. Thanks to a high amount of luck on his part they ended up taking a bunch of pictures rather than taking the camera and/or smashing it to pieces, but by no stretch was he involved in the creation of the pictures, meaning no one capable of owning a copyright had any creative input in the creation of the pictures, hence no copyright.
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Re: Who owns the pictures when a camera trap is used?
A photographer exercising creative control over camera placement, shot angle, exposure, time of day, etc., is likely providing enough creative control to be rendered the original author of the photographs even though an animal stepping on an activator is what literally caused the photo to be created.
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Re: Re: Who owns the pictures when a camera trap is used?
The animals are in control of their placement, their angle to the camera, what they expose to the camera, the time of day they trigger it, etcetera. So is seems to me that the animals have more control than the human. Especially if the camera itself has auto-exposure, auto-focus and auto-triggering. All the human does is leave it hanging somewhere.
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Re: Re: Re: Who owns the pictures when a camera trap is used?
You better sit down because I have news for you about how copyright works (unless its a work for hire) and it will now make you cry.
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The fact that there is sometimes NO copyright in a work, is the concept that a lot of people have a very hard time in grasping due to the cultural push of ownership must always occur somehow. It doesn't.
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Re: Re: Re: Re: Re: Who owns the pictures when a camera trap is used?
That is wrong. The other person using your camera actually owns the copyright. This explains it pretty well in layman's terms:
http://www.photoattorney.com/qa-who-owns-the-copyright/
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Re: Re: Re: Re: Who owns the pictures when a camera trap is used?
Did I state that? I just reviewed what I wrote. Nope. I definitely didn't state that, and I would appreciate you not claiming that I stated things that I didn't. That's what most people would call dishonest.
You better sit down because I have news for you about how copyright works (unless its a work for hire) and it will now make you cry.
Maybe you better sit down and realize that people can look up above and see what I really stated.
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Re: Re: Re: Re: Re: Who owns the pictures when a camera trap is used?
Original: The animals are in control of their placement, their angle to the camera, what they expose to the camera, the time of day they trigger it, etcetera. So is seems to me that the animals have more control than the human. Especially if the camera itself has auto-exposure, auto-focus and auto-triggering. All the human does is leave it hanging somewhere.
re-done for equity:
The photographic subject(s) are in control of their placement, their angle to the camera, what they expose to the camera, the time of day they trigger it, etcetera. So is seems to me that the photographic subject(s) have more control than the Camera operator/owner. Especially if the camera itself has auto-exposure, auto-focus and auto-triggering. All the Camera operator/owner does is leave it hanging somewhere.
See.. in the second wording your original statement is still dumb as rocks under Copyright law and shows that PETA and there ilk are only trying to somehow backhandedly create animal rights that are non existent and never should be ever.
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Re: Re: Who owns the pictures when a camera trap is used?
/s
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Re: Who owns the pictures when a camera trap is used?
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Now you've hurt Naruto's feelings.
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Re: Now you've hurt Naruto's feelings.
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Abolish Copyright
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Re: Abolish Copyright
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Forget the monkey
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Re: Forget the monkey
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umad?
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Re: umad?
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When you say "The monkey has no fucking clue about the copyright" you have to give some proof for that assumption on your side, instead of trying to ridicule those who think differently.
The simple solution would be, to clear for all laws who is covered by it. Humans, fetuses, dead humans, animals, digital copies of humans, AIs, etc.
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Because it does. The grounds for the lawsuit is copyright infringement, monkeys are legally incapable of owning a copyright, and the picture is in the public domain as a result, meaning there's no violation possible. As such the lawsuit is without merit.
When the core concept behind a lawsuit is that flawed you don't really need to spend much time analyzing or considering the merits beyond that.
When you say "The monkey has no fucking clue about the copyright" you have to give some proof for that assumption on your side, instead of trying to ridicule those who think differently.
Umm, no, you've got the burden of proof dead backwards there. Monkeys not understanding copyright law in particular, or any law in general is, I would imagine, fairly well settled at this point.
While certain legal antics can certainly seem to be done by monkeys it's generally accepted that there are few if any monkeys with the knowledge of law and/or copyright, so the idea that the monkey in question has no idea that any of this is occurring, and even less knowledge of what any of it means can be fairly safely assumed to be the default position.
(That said I am absolutely open to a demonstration that the monkey in question understands the law in question and knowingly chose these particular lawyers to represent them in court, as such a demonstration would almost certainly be downright hilarious.)
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Oh yeah? Prove he doesn't!
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Crown Court, but with monkeys? Would it look like a particularly naff installment of Planet of the Apes? Would any of them wear a wig? Excuse me, my imagination has gone off on one. Perhaps they do it when we're not looking and merely, ahem, monkey around as some kind of simian experiment to see how humans react, or something. I'm envisioning an oranguatan with a clipboard making notes, here.
Okay, I'll stop messing with you now. Think differently? Monkeys don't think any further than eating, swinging through the trees, defining and holding territory, and making little monkeys. That's why we treat them as animals; they are animals. Clever, inquisitive animals but not any smarter than us.
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"Monkey Who Has No Idea He Has Lawyers"?
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To answer one question
This is likely a primate example of a pro bonobo case.
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Re: To answer one question
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the worst possible result…
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Indonesian Copyright Law
I can understand how a US citizen might try to claim copyright (in the US) but for a US organization (PETA) to argue on behalf of an Indonesian non-human in a US court makes even less sense.
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Re: Indonesian Copyright Law
You have just included PETA and the phrase "makes even less sense" in a sentence.. This is a standard and highly approved way of thinking whenever PETA does anything :)
As for the rest, Yes it's dumb, but PETA are a US Centric organisation, and they know under Indonesian law that interestingly the animal in question is still classified as a chattel and therefore it could be argued, and most likely would be, that the actual picture, though still having no copyright, is actually OWNED and could therefore be licensed, by the Indonesian Government.
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Re: Re: Indonesian Copyright Law
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