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U.S. NEWS Tuesday 24 april 2018

Court sides with human in copyright fight over monkey selfie

By SUDHIN THANAWALA tions.
Associated Press In a separate opinion in
SAN FRANCISCO (AP) — A the selfie case, 9th Cir-
U.S. appeals court on Mon- cuit Judge N. Randy Smith
day favored humans over called PETA’s lawsuit “frivo-
animals in a novel copy- lous” and said he would
right lawsuit filed over a not have ruled on the mer-
series of entertaining selfies its of the copyright claim,
taken by a monkey with a but instead would have dis-
toothy grin. missed the case on other
U.S. copyright law does not grounds.
allow lawsuits that seek to Naruto snapped the pho-
give animals the rights to tos while Slater was on a
photographs or other origi- trip to Sulawesi, Indonesia.
nal work, the 9th U.S. Circuit Slater later argued that his
Court of Appeals ruled. company, Wildlife Person-
Copyright infringement can alities Ltd., owned world-
only be claimed on behalf wide commercial rights to
of humans, the court said. the photos.
The unanimous, three- U.S. District Judge William
judge panel upheld a Orrick said in a ruling in 2016
lower court ruling that dis- that “while Congress and
missed the lawsuit by the the president can extend
People for the Ethical Treat- the protection of law to
ment of Animals against a animals as well as humans,
photographer whose cam- there is no indication that
era was used by a crested they did so in the Copyright
macaque to take the pho- Act.”
tos in 2011. PETA appealed that ruling
PETA’s 2015 suit against In this July 12, 2017, file photo, Jeffrey Kerr, general counsel to the People for the Ethical Treatment to the 9th Circuit.
wildlife photographer Da- of Animals (PETA), speaks to reporters outside of the 9th U.S. Circuit Court of Appeals in San Following oral arguments,
vid Slater sought financial Francisco. Slater and PETA announced
control of the photographs Associated Press in September they reached
— including a now-famous sidered the author and termine the amount. that activists have sought a settlement, under which
selfie of the monkey grin- copyright owner, and he Slater, who lives in the Unit- to extend human rights to Slater agreed to donate 25
ning — for the benefit of shouldn’t be treated any ed Kingdom, said the attor- animals. percent of any future rev-
the animal named Naruto. differently from any other neys’ fees were welcome Steven Wise, an attorney enue from the images to
Jeff Kerr, general counsel creator simply because after the case took a toll for the group, Nonhuman charities dedicated to pro-
for PETA, said the group he happens to not be hu- financially and emotionally Rights Project, has argued tecting crested macaques
was reviewing the opinion man,” Kerr said. — at one point he contem- in state courts that ele- in Indonesia.
and had not decided yet The problem for Naruto, plated taking up dog walk- phants and chimpanzees Lawyers then asked the 9th
whether it would appeal. however, was that copy- ing or tennis coaching to should be treated legally Circuit to dismiss the case
“Naruto should be con- right law did not “expressly make money. as people with a right to and throw out Orrick’s de-
authorize animals to file “I was making no money liberty. cision.
copyright infringement from photography, which is An appeals court in New But the appeals court re-
suits,” 9th Circuit Judge a difficult industry to begin York last year rejected a fused, saying a decision in
Carlos Bea said in the rul- with,” Slater, 53, said. case involving two chim- this “developing area of
ing. The judge said the law He declined to say how panzees, saying there was the law” would help guide
reserved that power only much money he has made no legal precedent for the lower courts and consider-
for humans. from the monkey selfies, animals being considered able public resources had
The court ruled Slater was but called the revenue people, and their cognitive been spent on the case.
entitled to attorneys’ fees “embarrassingly low.” capabilities didn’t mean Kerr said Monday the 9th
in the case and sent it back The PETA lawsuit is not the they could be held legally Circuit ruling would not af-
to the district court to de- only time in recent years accountable for their ac- fect the settlement.q