Selfie-Awareness | Mark Kaufman

Recently the United States Court of Appeals for the Ninth Circuit made news when it granted appellate review of what rights a monkey has to his intellectual property. The case — Naruto, a crested macaque, by and through his next friends, People For The Ethical Treatment of Animals [PETA], Inc. v. David John Slater, et al. — settled before the appeal was briefed or argued. According to the settlement, the copyright will remain in the name of the human photographer whose camera was used by the animal — but 25% of future profits will go to charity to benefit wildlife preserves that protect macaques. First, some background. In 2008, a nature photographer named David Slater began following a group of crested macaques in Indonesia. On his second day trying to infiltrate a group of the macaques, he set up his camera on a tripod and left it out in the open. One macaque approached the camera and took dozens of pictures, including three “selfies.” Slater began to enjoy some commercial success with the photos when, in 2015, PETA sued him. The group sought a copyright for the monkey and to administer the resulting proceeds of the photo.

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