Monkey selfie suit rejected in US Federal Court

Notw the 9th US Circuit Court of Appeals unanimously ruled against PETA and whichever monkey it is, declaring that US copyright law does not "expressly authorise animals to file copyright infringement suits". People for the Ethical Treatment of Animals sued on behalf of a monkey who created a series of selfies.

Neither the photographer, David Slater, nor Naruto the selfie-taking monkey own the photographs. Nonetheless, we conclude that this monkey - and all animals, since they are not human - lacks statutory standing under the Copyright Act.

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.

Slater argued that he had engineered the photographs in 2008 by travelling to an Indonesia jungle, spending time with the monkeys to gain their trust, and deliberately making his camera accessible to the animals to take photographs.

Both judges were critical of PETA and its decision to settle the case after oral arguments suggested it would lose the appeal.

The judges involved in the case concluded that "next friends" can not represent animals and the lawsuit was thrown out of court.

The court also found that it "gravely" doubts PETA could assert next friend status since it had not established a significant relationship with Naruto and, more importantly, because "an animal cannot be represented, under our laws, by a 'next friend'". PETA appealed, arguing that the U.S. Copyright Act doesn't specify the author of a work must be human.

"I was making no money from photography, which is a hard industry to begin with", Slater, 53, said.

The court also questioned PETA's motivation in filing and pursuing the case.

Nevertheless, PETA still found a glimmer of victory in the 9th Circuit's ruling. Though this is all despite the fact that PETA supposedly settled in September, after Slater agreed to donate 25 per cent of the money generated by the photo to help protect crested macaques - whatever they might be called.

Lawyers then asked the 9th Circuit to dismiss the case and throw out Orrick's decision.

Despite the settlement, the court refused to dismiss the monkey selfie suit, saying it wanted to make a legal precedent to avoid any similar cases in the future.

Kerr said Monday the 9th Circuit ruling would not affect the settlement.


Popular
  • Stocks fall hard amid rising interest rates and earnings fears

    In commodities, oil prices declined sharply on Tuesday as investors awaited weekly inventory data from the US government. The Dow initially rose more than 130 points on strong earnings reports from Caterpillar and 3M before swiftly reversing.
    Burning Stock on the move: Caterpillar Inc. (NYSE:CAT)

    Burning Stock on the move: Caterpillar Inc. (NYSE:CAT)

    Several institutional investors have recently modified their holdings of CAT. 48 funds opened positions while 64 raised stakes. Since October 26, 2017, it had 0 insider purchases, and 3 selling transactions for $16.13 million activity.
    Foul leads to on-court scrum in Sixers-Heat

    Foul leads to on-court scrum in Sixers-Heat

    The Sixers prevailed over the Heat with a 128-108 win in Game 3, which was marked by the return of Philly big man Joel Embiid . Ben Simmons is averaging 19.3 points and 9.8 assists while Dario Saric is averaging 18.8 points and 7.3 rebounds.
  • Believe it! 76ers roll with Meek Mill past Heat in Game 5

    Believe it! 76ers roll with Meek Mill past Heat in Game 5

    The Celtics can eliminate the Bucks in Thursday's game six in Milwaukee to set up a second round battle with the 76ers. The Sixers move on to the second round, likely to face the Boston Celtics (who hold a 3-2 series lead over Milwaukee).
    OPCW inspectors to be allowed in to Douma

    OPCW inspectors to be allowed in to Douma

    Civilians who had been forced to endure life under the militants left the town through humanitarian corridors in their thousands. USA officials said the assessment was that the strikes, particularly on Barzah, did degrade Syria's chemical weapons capability.
    Facebook to face class action lawsuit over its facial recognition technology

    Facebook to face class action lawsuit over its facial recognition technology

    Facebook could face fines of $1,000 to $5,000 for each time it used a person's biometrics without permission. The decision by a United States district judge means the company could be sued by millions of US users.
  • P&G to acquire 51.8% stake in Merck India

    P&G to acquire 51.8% stake in Merck India

    About 3,300 Merck employees could move to P&G upon completion of the transaction, which is expected by the fourth quarter. For the full year 2017, net sales of the Consumer Health business amounted to Euro 911 million (USD$1.1 billion).
    Arsene Wenger steps down

    Arsene Wenger steps down

    The former Manchester United boss added: "I am proud to have been a rival, a colleague and a friend to such a great man". I think your question is a typical question from somebody that was not on this side.

    Sean Hannity and Michael Cohen can't keep their stories straight

    Cohen has said he paid the $130,000 to Daniels himself, was not reimbursed by Trump, and never even told Trump what he'd done. Whether formal or informal, the apparent legal relationship between Cohen and Hannity raises obvious issues.
  • Trump Rips Dems on Russia Lawsuit: Sued GOP for 'Winning'

    Trump Rips Dems on Russia Lawsuit: Sued GOP for 'Winning'

    Requests for comment from the Russian embassy in Washington were not immediately returned. Reines answered, "I don't know, ask [former DNC chair] Debbie Wasserman Schultz".
    Bela, Martha Karolyi Deny Knowledge of Larry Nassar Abuse at Training Ranch

    Bela, Martha Karolyi Deny Knowledge of Larry Nassar Abuse at Training Ranch

    The Texas Rangers were asked in January to investigate the circumstances around what happened at the ranch over the years. She produced a February, 2017 piece on USA Gymnastics for the CBS newsmagazine, which is a finalist for a Peabody Award.

    De Bruyne: This young Man City team destined for sustained success

    His City contract expires at the end of next season but the club are confident he will extend for at least one extra year. Former Barcelona and Bayern boss Guardiola was all smiles when he was pictured arriving home after his golf outing.

CONNECT