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ARTICLE · 02 MAY 2018

Copyright Is No Monkey Business, Rules the Ninth Circuit

Wilson Elser Moskowitz Edelman & Dicker LLP
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This case does cast light, however, on some unexpected precedent that may, in another matter, affect the result.

United StatesIntellectual Property

On April 13, 2018, the Ninth Circuit Court of Appeals affirmed the dismissal of a copyright infringement lawsuit brought on behalf of a very dexterous monkey, Naruto, that managed to take selfies with an unattended camera belonging to wildlife photographer David Slater. Mr. Slater published the monkey selfies in his book, identifying himself as the copyright owner while admitting that Naruto took the photographs. People for the Ethical Treatment of Animals (PETA) sued Mr. Slater for copyright infringement on behalf of Naruto as its "next friend." Naruto v. Slater, No. 16-15469, D.C. No. 3:15-cv-04324-WHO.

In affirming the dismissal of the lawsuit, the Ninth Circuit made several rulings of interest:

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