The Courier & Advertiser (Perth and Perthshire Edition)

Lawsuit settled over rights to monkey selfie

25% of future revenues will go to charities

- Sudhin ThanaWala

A settlement has been reached in a US lawsuit over who owns the copyright to selfie photograph­s taken by a monkey before a federal appeals court could answer the novel legal question.

Under the deal, the photograph­er whose camera was used to take the photo agreed to donate 25% of any future revenue of the images to charities dedicated to protecting crested macaques in Indonesia, lawyers for an animal-rights group said.

Lawyers for the group and the photograph­er, David Slater, asked the San Francisco-based 9th US Circuit Court of Appeals to dismiss the case and throw out a lower court decision that said animals cannot own copyrights.

Andrew J Dhuey, a lawyer for Mr Slater, declined to comment on how much money the photos had generated or whether Mr Slater would keep all of the remaining 75% of future revenue.

There was no immediate ruling from the 9th Circuit.

The People for the Ethical Treatment of Animals (Peta) sued on behalf of the macaque monkey in 2015, seeking financial control of the photograph­s for the benefit of the monkey named Naruto that snapped the photos with Mr Slater’s camera.

“Peta and David Slater agree that this case raises important, cuttingedg­e 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,” Mr Slater and Peta said in a joint statement. Lawyers for Mr Slater argued that his company, Wildlife Personalit­ies Ltd, owns worldwide commercial rights to the photos, including a now-famous selfie of the monkey’s toothy grin.

Mr Slater argued that he engineered the photograph­s in 2008 by travelling to an Indonesian jungle, spending three days with a troupe of monkeys to gain their trust and deliberate­ly making his camera accessible to the animals to take photograph­s.

US District Judge William Orrick said in a ruling in favour of Mr Slater last year that “while Congress and the president can extend the protection of law to animals as well as humans, there is no indication that they did so in the Copyright Act.”

The 9th Circuit was considerin­g Peta’s appeal.

The lawyers notified the appeals court on August 4 that they were nearing a settlement and asked the judges not to rule.

 ?? Picture: Caters News Agency. ?? Peta had sued on behalf of the macaque monkey which took the famous photos such as the one above.
Picture: Caters News Agency. Peta had sued on behalf of the macaque monkey which took the famous photos such as the one above.

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