Next time you think of commissioning your dog to create some
artwork, you'd better think twice. According to the Ninth
Circuit Court of Appeals, animals do not have standing as copyright
owners to sue for infringement under the Copyright Act. The
"monkey selfie" case, as it has come to be known,
originated in 2011, when nature photographer David Slater traveled
to Indonesia to photograph an endangered species of crested
macaque. When Slater left his camera unattended in the forest, the
now-famous macaque, Naruto, managed to take several self-portraits,
bearing an eerily human-like (but incredibly endearing) grin.
After Slater published the pictures, PETA filed suit against
Slater and the publisher, claiming "next friend" status
to sue on Naruto's behalf and seeking to administer the
proceeds of the suit for the benefit of Naruto's endangered
species. The district court dismissed the case and PETA appealed.
Although the parties jointly moved to dismiss the case
