Monkey Wins Selfie Lawsuit (Sort Of)

A crested black macaque took this selfie with photographer David Slater's camera in 2011. Public domain/Wikimedia Commons

In 2011, British photographer David Slater spent three days with crested black macaques in the forests of Indonesia.

Wanting to get a close-up of a monkey’s face, Slater set up his camera on a tripod with a cable release, walked several feet away and hoped for the best.

When a curious macaque stepped up to the camera and began to play with it, Slater got the shot he was looking for: a monkey selfie.

But according to the U.S. Copyright Office, Slater doesn’t own the copyright to that photo because he didn’t actually take it.

In the first major revision to copyright law in more than two decades, the office ruled in 2014 that works created by animals belong in the public domain.

“The Office will not register works produced by nature, animals, or plants,” the office said. “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(ies) state that the work was inspired by a divine spirit.”

Monkey business

cat selfie
The U.S. Copyright Office's 2014 ruling applies to any selfie taken by a non-human animal. candiru/Flickr

It was yet another setback for Slater, who has been battling publications to recognize his copyright for years. The long legal fight has drained his finances, he told the Guardian, and he reportedly couldn't afford airfare to San Francisco to attend a July 12 hearing at the 9th U.S. Circuit Court of Appeals.

The debate began when Wikimedia Commons — a database of images, videos and other media available for public use — added Slater's photo to its catalog.

Slater officially asked Wikimedia remove the image from its database in early 2012. The monkey selfie disappeared but was later added again by another user, and this time it remained. In a 2014 transparency report, the Wikimedia Foundation revealed that it denied Slater’s request to remove the photo.

“Monkeys don’t own copyrights,” the foundation’s Chief Communications Officer Katherine Maher told the Washington Post. “What we found is that U.S. copyright law says that works that originate from a non-human source can’t claim copyright.”

Self(ie) preservation

crested black macaque, Macaca nigra
Crested black macaques, like this one in Sulawesi, are critically endangered. Ondrej Prosicky/Shutterstock

In 2015, People for the Ethical Treatment of Animals (PETA) sued Slater on behalf of the macaque, which it argued is the photo's true owner. A judge ruled against PETA in 2016, noting that U.S. copyright law doesn't apply to non-humans. PETA appealed to the 9th Circuit Court.

PETA identified the photographer as a 6-year-old male macaque named Naruto, but Slater and his publisher say that's the wrong monkey. "I know for a fact that [the monkey] is a female and it's the wrong age," he tells the Guardian. "I'm bewildered at the American court system. Surely it matters that the right monkey is suing me."

On Sept. 11, 2017, attorneys for Slater and PETA announced a settlement, reported the Associated Press. Under the deal, Slater agreed to donate 25 percent of future revenue from the images to charities that protect crested macaques in Indonesia.

“PETA and David Slater agree that this case raises important, cutting-edge issues about expanding legal rights for non-human animals, a goal that they both support, and they will continue their respective work to achieve this goal,” Slater and PETA said in a joint statement.

The legal battle finally ended in April 2018, when a federal appeals court upheld the district court’s decision. In one footnote to its ruling, the court chided PETA, saying, “Puzzlingly, while representing to the world that ‘animals are not ours to eat, wear, experiment on, use for entertainment, or abuse in any other way,’ PETA seems to employ Naruto as an unwitting pawn in its ideological goals.”

The bright side in all this is that the photo has shed important light on a critically endangered species.

"These animals were on the way out and because of one photograph, it's hopefully going to create enough eco-tourism to make the locals realize that there's a good reason to keep these monkeys alive," Slater says. "The picture hopefully contributed to saving the species. That was the original intention all along."