PETA would have an uphill battle arguing that Naruto is the author of the photographs. On the other hand, Slater will have an argument that he is the author by virtue of him setting up the scenes and putting his own touch on the photographs.
With regard to ownership, it is a basic tenet of copyright law that the author and/or creator of the copyrighted work is in most instances the owner of the copyright in that work. Therefore, should Slater be successful in arguing that he is the author of the photographs, he will automatically become the owner thereof.
In light of the above, should Slater be able to show that the photographs were “original”, the copyright would vest in him. For the photograph to be “original”, it must be shown that the work is the author’s own intellectual creation in that it was not a slavish copy of an existing work and that sufficient judgement has been used to create the work. The standard of orig-