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ARTICLE · 05 FEBRUARY 2016

What can we learn from the Monkey's selfie case?

In Australia, the copyright author of a photograph must have legal personality and this could not include animals.

AustraliaIntellectual Property

A US federal judge has (unsurprisingly) found that a Celebes crested macaque monkey cannot be the copyright owner of a series of "selfie" photographs created in Sulawesi, Indonesia. Where was the legal controversy?

Who was the photographer: Monkey v Man?

The monkey, identified as six-year-old "Naruto", took the photographs using equipment belonging to nature photographer David Slater. The People of the Ethical Treatment of Animals (PETA) commenced a lawsuit in San Francisco in 2015 seeking a court order to allow PETA to collect proceeds from the photos on behalf of Naruto and to be distributed for the benefit of Naruto and other macaques on the reserve in Indonesia.

The British photographer asserts that his company owns copyright in the photographs, as the photographs came about due to his engineering of the shots – Slater alleges he deliberately left his camera set up on a tripod with the remote trigger accessible to the monkeys in the likelihood of a photo

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