Page 8 - Amateur Photographer - August 5, 2017
P. 8

News special                                                                    Even though Slater’s team won
                                                                                    the first round, the appeal won’t
                                                                                    be concluded in the short term.
     Monkey selfie                                                                  ‘My lawyers say I could be waiting
                                                                                    months for a judgment, so I am
                                                                                    still dangling in a twilight zone. I
                                                                                    have no idea whether I will have to
                                                                                    pay PETA’s costs if the appeal is
                                                                                    upheld. I guess all my earnings
     malarkey                                                                       from the image over the last six
                                                                                    years, which is about £15,000,
                                                                                    would go to them.’
                                                                                     Slater claims he has already
                                                                                    spent a lot of money and time
                                                                                    trying to confirm his copyright, and
                                                                                    finds the PETA case a massive
     An embittered David Slater, the man behind the                                 distraction from what he sees as
     ‘monkey selfie’ image, is thinking of giving up                                his real battle with Wikipedia – an
                                                                                    organisation he describes as
     photography as a career. Geoff Harris finds out more                           ‘institutionally arrogant’. ‘Wikipedia
                                                                                    is probably going to issue a press
                                                                                    release if the appeal is thrown out
        IT’S BEEN six years since   I’ve lost £10,000 or more in   travelling to the US,’ Slater explains  saying of course nobody can hold
        David Slater managed to get a  income. It’s killing my business.’  from his base in Chepstow. ‘I didn’t  copyright on this image. They are
     grinning macaque monkey to take   Things got even messier in 2015,   understand half of it, and even the  going to try and make even more
     a self-portrait, a picture better   when People for the Ethical   judges are baffled. The judge kept   capital out of it. There is a big
     known as the ‘monkey selfie,’    Treatment of Animals (PETA) sued   asking “where is the injury to the   anti-copyright lobby out there that
     but any early joy at its global   Slater on behalf of the monkey it   monkey?” much to the amusement  want everything on the internet to
     popularity was soon replaced by   dubbed Naruto, claiming it was the   of the courtroom, which is full of   be free. It’s very depressing.’
     exasperation – and expensive   rightful owner of the copyright. A   law students. There’s even a
     legal wrangling. AP readers may   judge ruled against PETA in 2016,   question over whether Naruto is   Success story
     recall that Slater soon got involved  saying that the relevant copyright law   the right monkey!’  The aggravation surrounding the
     in a major legal spat with   did not cover animals, but PETA   Slater first heard that PETA was   monkey selfie has clearly taken its
     Wikipedia over copyright and   appealed. As the courtroom   suing him on behalf of Naruto when  toll on Slater, both personally and
     whether the image was ‘royalty   arguments drag on in the US, AP   he read a story from an Associated  financially, but he has no regrets
     free’. As he told the BBC in 2014,   contacted Slater for a catch-up.  Press reporter. At first his lawyers   about taking the image. ‘I love the
     ‘I made £2,000 [for that picture]                   thought it was a joke. ‘Then a man  picture. It hangs on my wall, and
     in the first year after it was taken.  No joke       in a suit from a local law firm came  keeps me smiling. Not only that, a
     After it went on Wikipedia all   ‘I’ve been watching the   round and served me the papers.    recent National Geographic article
     interest in buying it went. It’s hard   proceedings online as I am not   I opened them in front of him and   suggested it’s helped to save the
     to put a figure on it but I reckon   going to risk any more money by   we had a bit of a giggle.’  species – it’s encouraged a lot of
                                                                                    ecotourism, so it’s in the interests
                                                                                    of the locals to help preserve the
                                                                                    macaques. I took the risk getting
                                                                                    the picture, nobody paid me to go
                                                                                  © DAVID SLATER
                                                                                    out there, and while it has proved
                                                                                    to be very expensive, it’s great that
                                                                                    the expense has made some
                                                                                    positive difference.’
                                                                                     To add to Slater’s woes, he
                                                                                    suspects the Press Association (PA)
                                                                                    distributed the image without his
                                                                                    permission (or indeed the monkey’s,
                                                                                    should PETA’s appeal be upheld).
                                                                                    A spokesperson from PA Images
                                                                                    responded, ‘PA Images licensed the
                                                                                    image through a reseller agreement
                                                                                    with one of our distribution
                                                                                    partners. We removed the picture
                                                                                    as soon as we became aware of
                                                                                    the licensing issues around it.’
                                                                                     Slater is seriously thinking of
                                                                                    giving up on photography as a
                                                                                    full-time career. ‘I don’t want to,
                                                                                    but I am almost being forced into
                                                                                    this. I’ve run out of funds and my
                                                                                    camera gear is failing. The bodies
     David Slater can also see the funny side of the story and still manages to sound cheerful and positive on the phone  and lenses are old, and the

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