A federal court case involving who has the exclusive rights to a selfie taken by a monkey has settled. As mentioned in Part 4 of my series on Intellectual Property Law Basics, at the trial court level, a federal judge determined that animals cannot own copyrights. People for the Ethical Treatment of Animals (PETA) appealed the ruling to the 9th Circuit Court of Appeals, but reached an agreement with the photographer, David Slater to settle the lawsuit prior to a ruling on the appeal.
The basis for the photographer’s claim to the rights associated with the photo is that he engineered the photo using his camera and that since copyright law does not recognize ownership rights by an animal, the exclusive rights associated with the image are owned by the photographer’s company. The settlement reportedly requires that the photographer agrees to donate 25% of any future revenue of the images to charities that protect crested macaques (the species of monkey that took the selfie). Continue Reading Copyright Update: Monkey See, Monkey Settle