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Monkey See, Monkey Sue: A Wild Lesson in Copyright Law

Writer's picture: Sue HearnSue Hearn

The Selfie That Went Bananas in Court!


Taking a Step Back: A Lighter Look at Copyright Law


Let’s face it the legal world can be a serious business. Drafting contracts, tightening up terms and conditions, and making sure every clause is watertight doesn’t always leave room for a good laugh. And with world news often full of doom and gloom, we think it’s time for something a little more light-hearted.


Enter Naruto, the selfie-taking monkey! 🐵📸 In one of the strangest copyright battles in history, a mischievous macaque picked up a photographer’s camera, snapped a series of stunning selfies, and unwittingly triggered a courtroom showdown over who owned the rights to his masterpiece.

This case proves that copyright law isn’t always dry, sometimes, it’s downright bananas. 🍌



The Background: How a Monkey Made Legal History


In 2011, British photographer David Slater travelled to Indonesia to capture images of endangered Celebes crested macaques. While gaining their trust, he set up his camera on a tripod with a remote shutter release, allowing the curious monkeys to trigger it themselves. One striking image, a grinning macaque selfie, went viral.


Slater licensed the photos to media outlets, but sensationalist reports claimed a monkey had "stolen" his camera. When the image spread online, Wikimedia refused to remove it, arguing that since a non-human took the photo, it had no copyright owner and was in the public domain.


Then things took an even crazier turn. PETA (People for the Ethical Treatment of Animals) sued on behalf of Naruto, arguing that the monkey should own the copyright! The case made international headlines, sparking debates on copyright law and animal rights.



The Legal Breakdown: Who Owns the Monkey Selfie?


Here’s how different legal systems tackled the issue:


1. U.S. Law

• The U.S. Copyright Office ruled that non-humans cannot hold copyright in an official ruling.

• Since the monkey pressed the shutter, no human legally authored the photo.

• The image fell into the public domain, meaning Slater couldn't claim ownership.


2. European Law

• EU copyright law also requires a human author for ownership.

• While some debated whether Slater’s setup was enough to claim authorship, this was an expert opinion rather than an official ruling.

• The likely outcome? The photo wouldn’t be protected under EU copyright law either.


3. UK Law

• UK law, like EU law, requires human creativity and authorship.

• If Slater had manually taken the photo, he could claim rights.

• Since the monkey physically pressed the button, UK law did not recognise him as the photographer, making the image public domain, though this was an expert opinion rather than an official legal ruling.



The Verdict?


The U.S. ruling rejected Slater’s copyright claim, and expert opinions in the EU and UK suggested the same outcome. The monkey selfie belonged to no one.



How He Did It: A Photographer’s Perspective


For those wondering how the shot came to be, Slater shared the process in an August 2014 Amateur Photographer article:


"I wanted a close-up image, but I couldn't do it. They were too nervous, so I had to get them [the monkeys] to come to the camera without me being there and get them to play with the release, which they did. They were looking at the reflection in the lens, which they found amusing."


To increase the chances of a great shot, Slater:


✅ Used a tripod with a large wide-angle lens

✅ Optimized settings with predictive autofocus, motor drive, and a flashgun

✅ Placed the remote shutter trigger nearby and let the monkeys interact with it


For 30 minutes, the monkeys played with the camera gear, triggering the shutter multiple times, capturing numerous images—including the now-iconic monkey selfie.



Who Really Won?


Despite the legal battle, Slater remained optimistic about the impact of the photo:


"It has taken six years for my original intention to come true—to highlight the plight of the monkeys and bring it to the world. No one had heard of these monkeys six years ago; they were down to the last thousands. The locals used to roast them, but now they love them. They call it the 'selfie monkey.' Tourists are now visiting, and people see there is a longer-term benefit to the community than just shooting a monkey."


While Slater didn’t win the copyright fight, he succeeded in raising awareness for an endangered species. So, in a way, the real winner was the monkey—and maybe the wildlife conservation movement. 🐵🌍



Conclusion


Hopefully, this case brought a little humour into the often-dry world of copyright law. Whether you see it as a legal absurdity or a fascinating debate about authorship, one thing is for sure:


🐵 Naruto took one of the most famous selfies of all time.

📸 Slater made history (just not the way he hoped).

⚖️ And copyright law? Well, it just got a little more interesting!


So next time you set up a shot, just make sure you’re the one pressing the button—unless you want to share the spotlight with a monkey. 😉





 
 
 

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