Rare Book Monthly

Articles - October - 2017 Issue

Follow Up: Can a Monkey Copyright His Original Works? We Still Don't Know

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Naruto.

The infamous "monkey selfie" case has come to an end without answering the major question – can a monkey copyright his original works? The parties to the lawsuit have come to a settlement which leaves the burning question unanswered.

 

The case began almost a decade ago in Indonesia when photographer David Slater mingled over several days with some crested macaque monkeys. He then set up a camera and waited for them to investigate. One did, standing in front of the camera and clicking the shutter. Voila! the first monkey selfie.

 

Slater got a copyright on his photograph in his home country of England, but in America, the copyright office said no. It said that no copyright could be granted on pictures taken by animals. With the threat of copyright gone, the picture spread like wildfire across the internet, making it a very famous photograph, though Slater received nothing for his efforts.

 

However, an organization disagreed with the copyright office's ruling. It claimed that a photo taken by a monkey was indeed subject to copyright. Where they parted company with Slater was as to who owned the copyright. People for the Ethical Treatment of Animals went to court to establish the right of the monkey, Naruto, to own the copyright to the photograph he took.

 

Slater naturally disagreed, not much liking the idea that he would have to pay royalties to a monkey on photographs he thought were his own. Unfortunately, PETA was determined to make its point and fought him in court. Slater won. At least at the lower court level, the Judge agreed with Slater's contention. While acknowledging PETA's point that copyright law does not specifically say it is inapplicable to monkeys, the court reasoned that if such a bizarre result was intended by Congress, it clearly would have said so in the legislation.

 

PETA is persistent. They appealed. A hearing was held in front of the Appellate Court, but while awaiting a decision, the sides decided to reach a settlement. That agreement provides that Slater will donate 25% of any future revenue derived from the selfies to charities protecting the habitat of the rare crested macaques. PETA agreed to drop its appeal, and the parties went to the unusual step of asking that the lower court decision in favor of Slater be vacated. That would make it as if no court had ever reached an opinion on the issue of copyrights for original work being held by animals. The case would provide no precedent for suits involving creations such as paintings by elephants. Animals get to argue their rights anew.

 

The parties jointly issued a brief statement saying, "PETA and David Slater agree that this case raises important, cutting-edge issues about expanding legal rights for nonhuman animals, a goal that they both support, and they will continue their respective work to achieve this goal."

 

This settlement clearly represents an expected victory by Slater. The 25% contributions Slater is compelled to make are probably less than the costs of continuing his defense in court, especially since he cannot copyright his photographs. For PETA, it was a face-saving exit out of what was likely an inevitable defeat. PETA can now focus on meaningful animal rights issues, such as protection against abuse and destruction of habitats, rather than hopeless and fanciful ones such as this.  

Rare Book Monthly

  • <b>Bonhams, Oct. 23:</b> SMITH, CHRISTOPHER WEBB. 1793-1871. <i>Indian Ornithology.</i> [Patna, India]: 1828. $50,000 to $80,000.
    <b>Bonhams, Oct. 23:</b> DUPRÉ, LOUIS. 1789-1837. <i>Voyage à Athènes et à Constantinople, ou Collection de portraits, vues et costumes grecs et ottomans.</i> Paris: Dondey-Dupré, 1825. $60,000 to $90,000.
    <b>Bonhams, Oct. 23:</b> ADAMS, JOHN. Autograph Letter Signed ("J Adams"), [to Dr. Perkins?] while recovering from his small pox inoculation, [late-April, 1764]. $30,000 to $50,000.
    <b>Bonhams, Oct. 23:</b> AUSTEN, JANE. Autograph Letter Signed ("J. Austen"), to her sister Cassandra, 4 pp, "Thursday – after dinner," [September 16, 1813,] Henrietta St. $80,000 to $120,000.
    <b>Bonhams, Oct. 23:</b> AUDUBON, JOHN JAMES. 1785-1851. <i>The Birds of America, from Drawings Made in the United States and Their Territories.</i> New York & Philadelphia: J.J. Audubon & J.B. Chevalier, 1840-1844. $20,000 to $30,000.
    <b>Bonhams, Oct. 23:</b> DODWELL, EDWARD. 1767-1832. <i>Views in Greece.</i> London: Rodwell and Martin, 1821. $20,000 to $30,000.
    <b>Bonhams, Oct. 23:</b> JAMES, JESSE. Autograph Letter Signed ("Jesse W. James"), to Mr. Flood demanding Flood retract spurious accusations, 3 pp, June 5, 1875. $200,000 to $300,000.
  • <b>Swann Auction Galleries Sep 26:</b> Textile of the Great White Fleet, with portraits of Theodore Roosevelt, Rear Admiral Robley D. Evans & successor Charles Stillman Sperry, 1908. $3,000 to $4,000.
    <b>Swann Auction Galleries Sep 26:</b> William J. Stone, <i>Declaration of Independence,</i> Force printing, 1833. $15,000 to $25,000.
    <b>Swann Auction Galleries Sep 26:</b> Shugart family papers including documentation of the Underground Railroad, 63 items, 1838-81. $30,000 to $40,000.
    <b>Swann Auction Galleries Sep 26:</b> Records of the Dickinson & Shrewsbury salt works, over 2000 items, with extensive slave labor correspondence, legal records & receipts, bulk 1820-1865. $80,000 to $120,000.
    <b>Swann Auction Galleries Sep 26:</b> Gloria Steinem, typescript for her speech <i>Living the Revolution,</i> with related letters and documents, 1941-77. $5,000 to $7,500.
    <b>Swann Auction Galleries Sep 26:</b> <i>Liberty Triumphant or the Downfall of Oppression,</i> depicting the aftermath of the Boston Tea Party, c. 1774. $12,000 to $18,000.
    <b>Swann Auction Galleries Sep 26:</b> Juan Eusebio Nieremberg, <i>Historia naturae, maxime peregrinae, libris XVI distincta,</i> Antwerp, 1635. $6,000 to $9,000.
    <b>Swann Auction Galleries Sep 26:</b> Antonio de Mayorga, manuscript map of Mexico City, 1779. $6,000 to $9,000.
    <b>Swann Auction Galleries Sep 26:</b> Thomas L. McKenney & James Hall, <i>History of the Indian Tribes of North America,</i> first edition, 3 volumes, Philadelphia, 1842-44. $25,000 to $35,000.
    <b>Swann Auction Galleries Sep 26:</b> Samuel Walker, diary of the entire first cruise of the USS Kineo, a gunboat on the Mississippi, 1854-69. $10,000 to $15,000.
    <b>Swann Auction Galleries Sep 26:</b> Scrapbook on early Stanford football, with letters from Walter Camp, 1893-95 & 1931. $8,000 to $12,000.
  • <b>Lark Mason Associates, Aug 8-27:</b> Roberts, David. Twenty Lithographs of the Holy Land, 19th Century. $2,000 to $4,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Declaration by the Reps. of the United Colonies of N.A. 1775. $8,000 to $12,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Composer Jerome Kern personal Letters, Albums and Other. $15,000 to $25,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Paine, Thomas. <i>Common Sense,</i> London 1776. $8,000 to $12,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Stowe, Harriet Beecher. <i>Uncle Tom’s Cabin,</i> Cleveland 1852. $4,000 to $6,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Hobbes, Thomas. <i>Leviathan,</i> 3rd edition, London 1651. $2,000 to $3,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Anno Regni Georgii III. Intolerable Acts and other Bills, 1774. $15,000 to $20,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Wilberforce, William. An Abstract of the Evidence, 5 Letters, and two books. $6,000 to $9,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Nightingale, Florence. Notes on Nursing and Signed Letters, ca. 1860 $4,000 to $6,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Tolstov, Leo. <i>War and Peace,</i> 5 volumes, 1886. $3,000 to $5,000.
    <b>Lark Mason Associates, Aug 8-27:</b> Dickinson, John. Letters from a Farmer in Pennsylvania, 1768. $1,500 to $2,500.
    <b>Lark Mason Associates, Aug 8-27:</b> Twain, Mark. <i>Tom Sawyer,</i> 1877 [and] <i>Huckleberry Finn,</i> 1885. $4,000 to $6,000.

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