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posted by Fnord666 on Wednesday September 13 2017, @04:28AM   Printer-friendly
from the monkey-business dept.

People for the Ethical Treatment of Animals (PETA) and wildlife photographer David Slater have reached a settlement over the ownership of a photograph taken by an Indonesian macaque monkey named Naruto:

PETA; photographer David Slater; his company, Wildlife Personalities, Ltd.; and self-publishing platform Blurb, Inc., have reached a settlement of the "monkey selfie" litigation. As a part of the arrangement, Slater has agreed to donate 25 percent of any future revenue derived from using or selling the monkey selfies to charities that protect the habitat of Naruto and other crested macaques in Indonesia.

According to a joint statement, "PETA and David Slater agree that this case raises important, cutting-edge issues about expanding legal rights for nonhuman animals, a goal that they both support, and they will continue their respective work to achieve this goal."

General Counsel for PETA Jeff Kerr told the New York Times that he did not know how much money Slater made on the photos in the past, but also that PETA is glad Naruto will benefit from the images in the future.

A federal judge previously dismissed the case, but PETA appealed. PETA has dropped its appeal so the question of nonhuman ownership of "intellectual property" will not be answered by a higher court.

Also at Ars Technica.

Previously: Monkey Selfie Case May Undo Evolution of the Web


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  • (Score: 0) by Anonymous Coward on Wednesday September 13 2017, @07:47AM (2 children)

    by Anonymous Coward on Wednesday September 13 2017, @07:47AM (#567123)

    The reason, most likely, is that an Indonesian court would have had a prolonged all-hands laugh at this suit, and then quickly and efficiently would have thrown PETAs crumpled documents into the non-recycling trash bin. Without a press conference. Much less months of continuing press coverage. And "Foreign court thinks we're a bunch of foolish kids, then ignores us" does not make for very good self-advertisements, no matter how much you spin it.

    On a personal note, I think that PETAs lawsuit had equally much standing as the photographer's claim to copyright: none. The only regrettable thing here is how long they tied up a perfectly useful court with their bullshit.

  • (Score: 1) by evilcam on Thursday September 14 2017, @03:41AM

    by evilcam (3239) Subscriber Badge on Thursday September 14 2017, @03:41AM (#567615)

    I genuinely feel bad for the poor bloke who had to defend this nonsense.
    He didn't make much money off of the licensing to the photo (according to Slater in an article for the Guardian it was about enough to cover the cost of the trip) and lost shitloads in legal fees, just so PETA could, what? Big up themselves for "defending" an animal that was in no way harmed or disadvantaged by the action. Hell, there was even a question over whether the right monkey was suing...

  • (Score: 1) by khallow on Thursday September 14 2017, @01:52PM

    by khallow (3766) Subscriber Badge on Thursday September 14 2017, @01:52PM (#567796) Journal

    On a personal note, I think that PETAs lawsuit had equally much standing as the photographer's claim to copyright

    I strongly disagree on the copyright. The monkey selfies would not have happened without serious effort [wikipedia.org] on the part of the photographer.

    In 2008, British nature photographer David Slater travelled to Indonesia to take photographs of the critically endangered Celebes crested macaques. The photos were brought to wider public attention after they were publicised as monkey self-portraits by a news agency in 2011.

    To take the pictures, Slater followed a troop of macaques for three days and gained the gregarious animals' trust: "I became accepted as part of the troop, they touched me and groomed me." Slater reported that despite this close contact, he had trouble obtaining close-up shots of the monkeys' faces, as they were too nervous when approached with a camera. On the second day of his three-day shoot, Slater set up the camera on a tripod, and deliberately left the remote trigger for the camera accessible to the macaques. "I put my camera on a tripod with a very wide angle lens, settings configured such as predictive autofocus, motorwind, even a flashgun, to give me a chance of a facial close up if they were to approach again for a play. I duly moved away and bingo, they moved in, fingering the toy, pressing the buttons and fingering the lens. I was then to witness one of the funniest things ever as they grinned, grimaced and bared teeth at themselves in the reflection of the large glassy lens."

    So first, Slater, the photographer traveled to Indonesia, located and followed a troop of macaques for several days, and then contrived a situation where the monkeys might take pictures of themselves - risking some rather expensive equipment in the process. And then processed these photos so that we might view them. Meanwhile the monkeys had no idea that they were creating any sort of intellectual property. They were just playing around with this cool toy that the human brought. My view is that the copyright is quite valid and applied like it should.