Monkey Business: Court Rules Monkey Does Not Have Copyrights Over Selfies

Apr 27, 2018, 01:08
Monkey Business: Court Rules Monkey Does Not Have Copyrights Over Selfies

The monkey, of course, did not start the fight.

Slater and the animal rights group PETA, which sued Slater in 2015 on behalf of the monkey (named Naruto), reached a settlement previous year to drop the case (with Slater agreeing to donate 25% of his profits from the photos to charities to protect Naruto).

"The panel held that the monkey lacked statutory standing because the Copyright Act does not expressly authorize animals to file copyright infringement suits", judges for the 9th US Circuit Court of Appeals said in their ruling (see below).

That outcome was no surprise. But the court chose to weigh in, anyway.

PETA said that, while the court reaffirmed that animals have the constitutional right to bring a case to federal court when they've been wronged, the opinion missed the point.

"After seeing the proverbial writing on the wall at oral argument", Bea said, PETA sought to drop the appeal and vacate an adverse lower court judgment, while maintaining Naruto was not a party to the settlement.

In a rare move, the appeals' court refused to accept the lawyers' demand to throw out the case. As for PETA, the organization's general counsel told the WSJ that the ruling "emphasizes what PETA has argued all along - that [Naruto] is discriminated against simply because he's a nonhuman animal".

We feel compelled to note that PETA's deficiencies in this regard go far beyond its failure to plead a significant relationship with Naruto.

Monday's ruling will not affect the settlement, according to Kerr.

The court found that PETA couldn't represent Naruto as a "next friend" because it couldn't establish it had a relationship with the monkey allowing to serve as a legal guardian in a court proceeding and because current law didn't grant animals such legal representation.

Smith adds that PETA also used Naruto as a "pawn to be manipulated on a chessboard larger than his own case".

Circuit Judge N. Randy Smith concurred in part, but wrote a lengthy dissent centering on why next friend standing is a jurisdictional issue and arguing that federal courts didn't have jurisdiction to hear the case and the appeal should have been dismissed. He said the move led him to believe PETA's "real motivation in this case was to advance its own interests, not Naruto's".

The court also ruled photographer Slater was entitled to be compensated for attorneys' fees in the case.

YOU MIGHT ALSO LIKE
  • Thunder salvage season with improbable Game 5 comeback

    Thunder salvage season with improbable Game 5 comeback

    As tough of a loss as this is, the Jazz are confident they will be able to bounce back at home in Game 6 Friday night. The Thunder have life and will come in believing they can pick up where they left off to close Game 5.
    Tim Cook Attends White House State Dinner

    Tim Cook Attends White House State Dinner

    President Donald Trump is hosting French President Emmanuel Macron for the first state visit of his presidency. Trade hasn't been the only point of contention the Apple CEO has had with the Trump administration.

    Who will JDS support in Karnataka elections? BJP or Congress?

    The sitting MLA BB Chimanakatti was denied a ticket and the Congress originally declared Devraj Patil as its Badami candidate. Congress leader Satish Jarakiholi, who belongs to Nayak (ST) community, holds strategic talks with CM Siddaramaiah.
  • Comcast Formalizes $30.7 Billion Bid for Sky

    Comcast Formalizes $30.7 Billion Bid for Sky

    The morning announcement by Philadelphia-based Comcast spurred a series of rapid-fire responses. Fox said in a statement it remained committed to its offer and was "considering its options".
    Davis' 47 leads Pelicans' sweep

    Davis' 47 leads Pelicans' sweep

    He averaged 30 PPG, 12 RPG and 2.8 BPG for the series, shooting 47 FG% and posting a +43 in 155 minutes. For years, he seemed paralyzed in purgatory, fighting unwinnable battles by himself.
    GOP retains management of NY Senate regardless of Democrat victories

    GOP retains management of NY Senate regardless of Democrat victories

    Although a Democrat, Senator Felder conferences with the Republicans, which gives the Republicans the majority. Democrats are set to have a numeric majority in the state Senate, but Republicans are retaining power.
  • Kanye West accuses John Legend of trying to 'manipulate my free thought'

    Kanye West accuses John Legend of trying to 'manipulate my free thought'

    While John had lighthearted banter with Kanye , there's nothing about Trump's presidency that he finds amusing. In a series of tweets, Chance the Rapper , struck back, writing: " Black people don't have to be democrats ".
    That Fresh A** Gmail Redesign With New Features is Rolling Out!

    That Fresh A** Gmail Redesign With New Features is Rolling Out!

    Simply tap snooze (in the overflow menu) when viewing an email , and you can pick a time for the email to ping your inbox again. Google is undertaking a significant shakeup of its popular Gmail webmail system, as it seeks to combat Microsoft's Office 365.
    76ers Advance as Celtics Have Bucks on Brink of Elimination

    76ers Advance as Celtics Have Bucks on Brink of Elimination

    So if Horford had hit his long two, the points would have been taken off the board and the Bucks would have been awarded the ball. The Celtics are now now heading to Milwaukee looking to finish off the opening series in Game 6 on Thursday night.
  • After Senate battle, Pompeo sworn in as USA  secretary of state

    After Senate battle, Pompeo sworn in as USA secretary of state

    Six Democrats and one Independent voted to confirm Pompeo: Heitkamp, Donnelly, Manchin, McCaskill, Jones, Nelson, and King (I). While Mr Tillerson disagreed with Mr Trump on many foreign policy matters, his replacement is a staunch Trump loyalist.
    Two New Star Trek Movies Are In Development

    Two New Star Trek Movies Are In Development

    Are you down for more Star Trek movies? Payne and Patrick McKay - which would involve Chris Hemsworth returning as George Kirk. It's not clear if the Pegg and Jung script Quinto mentions is for Star Trek 4 , or yet another possible Trek sequel.
    Gold gains as dollar retreats amid rising yields

    Gold gains as dollar retreats amid rising yields

    Why Does the Bond Market Matter? If someone is enrolled in a pension plan, chances are they could be impacted by the bond market. Gold firmed after three days of losses on Tuesday as the dollar stabilised off an earlier three-month peak and a rise in U.S.
popular