Photographer David Slater wants Wikipedia to remove his photograph of a monkey taking a photo of itself but Wikipedia has refused, saying that as the monkey was the photographer, Slater has no right to the copyright to the photo.
The Gloucestershire-based photographer now claims that the decision is jeopardising his income as anyone can take the image and publish it for free, without having to pay him a royalty. He complained to Wikimedia that he owned the copyright of the image, but a recent transparency report from the group, which details all the removal requests it has received, reveals that editors decided that the monkey itself actually owned the copyright because it was the one that pressed the shutter button.
But shouldn’t Wikipedia take it down anyway because they don’t have the monkey’s permission to release the photo into the public domain? (I mean, probably not…monkeys don’t have any rights under the law, yes?) (via @capndesign)
Update: A previous version of this post stated that Wikipedia said that the monkey held the copyright. They said no such thing…that was my poor paraphrase. In the US at least, monkeys obviously can’t hold copyrights. From the Compendium II of Copyright Office Practices, section 202.02(b) states:
The term “authorship” implies that, for a work to be copyrightable, it must owe its origin to a human being. Materials produced solely by nature, by plants, or by animals are not copyrightable.
Interesting phrase, “owe its origin to”…perhaps Slater has a point. (via @stvnrlly)
The US Copyright Office, in a 1,222-page report discussing federal copyright law, said that a “photograph taken by a monkey” is unprotected intellectual property.
“The Office will not register works produced by nature, animals, or plants. Likewise, the Office cannot register a work purportedly created by divine or supernatural beings, although the Office may register a work where the application or the deposit copy state that the work was inspired by a divine spirit,” said the draft report, “Compendium of US Copyright Office Practices, Third Edition.”
Update: PETA has filed a lawsuit on behalf of the monkey photographer, seeking to award the copyright and any sales proceeds to the monkey. Alt headline: PETA Thinks Famous Monkey Photographer Is Too Stupid To Manage Own Money.