Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Monkey "selfies" at the center of a copyright dispute

Author: Fred D. Zemel

Date: August 26, 2014

Key Contacts

Back

A recent copyright dispute highlights that even the animal kingdom is not immune from the “selfie” craze.

British photographer David Slater contends that he owns a photograph taken by an Indonesian macaque that stole his camera. Meanwhile, Wikipedia contends that the image, which is posted on one of its websites, rightfully belongs in the public domain.

Monkey Selfie

According to media accounts, Slater traveled to Indonesia to capture the crested black macaque. While he was shooting, one of primates hijacked his camera and took over 100 pictures. Not surprisingly, one of the photos she took of herself went viral after Slater posted it online.

Earlier this year, Wikimedia Foundation, which owns Wikipedia, posted the “selfie” in its online database of public domain images. The Wikimedia Commons is a collection of 22,302,592 images that can be used by the public without paying royalties. Upon discovering the image, Slater asked the company to remove it, but Wikipedia has refused.

The primary issue in the dispute is who owns the copyright to the image.

Under U.S. copyright law, ownership rights vest immediately. However, works must satisfy three criteria in order to obtain copyright protection. They must be in tangible medium, be original, and have author. In this case, the third requirement is causing the most debate.

Slater maintains that he expended significant resources to capture the shot and has been unable to reap any of the financial benefits of its popularity. He further argues that the copyright should vest in him because he owns the camera that captured the image, citing “If I have an assistant, and the assistant presses the camera on my behalf, I still own the copyright.”

Meanwhile, Wikipedia contends that the photo is in the public domain because “non-human authors” are not granted an automatic copyright of photographs that they take. “To claim copyright, the photographer would have had to make substantial contributions to the final image, and even then, they’d only have copyright for those alterations, not the underlying image. This means that there was no one on whom to bestow copyright, so the image falls into the public domain,” it argues.

While it may unfair that Slater cannot profit from the use of the image, most intellectual property experts agree that he cannot claim copyright ownership. While the result may have been different if Slater had played a more significant role in creating the image, such as adjusting the lighting or angle of the shot, in this case, the money simply stole the camera. Moreover, Slater did not interject his own creativity in post-production. For instance, he made no substantial edits to the color, sizing, or shading of the image before posting it online.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Dissolving Your Business: Essential Legal Steps to Protect Your Interests post image

Dissolving Your Business: Essential Legal Steps to Protect Your Interests

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]

Author: Christopher D. Warren

Link to post with title - "Dissolving Your Business: Essential Legal Steps to Protect Your Interests"
The Role of Corporate Restructuring in Mergers & Acquisitions post image

The Role of Corporate Restructuring in Mergers & Acquisitions

Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]

Author: Dan Brecher

Link to post with title - "The Role of Corporate Restructuring in Mergers & Acquisitions"
Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public post image

Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public

Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]

Author: Bryce S. Robins

Link to post with title - "Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public"
Understanding Chattel Paper: A Key Component in Secured Transactions post image

Understanding Chattel Paper: A Key Component in Secured Transactions

Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]

Author: Dan Brecher

Link to post with title - "Understanding Chattel Paper: A Key Component in Secured Transactions"
Crypto Compliance: A Comprehensive Guide post image

Crypto Compliance: A Comprehensive Guide

For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Compliance: A Comprehensive Guide"
Supreme Court and Title VII: Implications for Reverse Discrimination post image

Supreme Court and Title VII: Implications for Reverse Discrimination

Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]

Author: Matthew F. Mimnaugh

Link to post with title - "Supreme Court and Title VII: Implications for Reverse Discrimination"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!