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ARTICLE · 11 FEBRUARY 2016

Monkey Business: A Primate Can't Claim Copyright In Selfies

Judge Orrick's decision turned on the issue of statutory standing – i.e., whether Congress has granted a particular plaintiff a right to sue under the statute at issue.

United StatesIntellectual Property

Order Granting Motions to Dismiss, Naruto, et al. v. Slater, et al., Case No. 15-cv-04324-WHO (Judge William Orrick)

"The show business has all phases and grades of dignity, from the exhibition of the monkey to the exposition of the highest art in music or the drama which secures for gifted artists a world-wide fame princes well might envy."  ~  P.T. Barnum

Are photographic "selfies" a uniquely human conceit? Parties in a Northern District copyright lawsuit who purport to represent "Naruto" – the crested  macaque monkey who in what might be described as a "primate whim of self-promotion" grabbed the camera of wildlife photographer David John Slater and took  a series of his own "monkey selfies" to the delight of millions who have seen the images –argue "no." These parties, including the People for the Ethical Treatment of Animals ("PETA") have alleged that Naruto exercised "independent, autonomous action" in operating defendant David John Slater's camera and

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