Luminous Landscape Forum

The Art of Photography => The Coffee Corner => Topic started by: tom b on August 05, 2017, 05:57:59 pm

Title: Monkey sues photographer over selfie
Post by: tom b on August 05, 2017, 05:57:59 pm
Monkey selfie photographer says he's broke: 'I'm thinking of dog walking'

David Slater has been fighting for years over who has the copyright to photos taken by monkeys using his camera, and says he’s struggling as a result.

Monkey sues photographer (https://www.theguardian.com/environment/2017/jul/12/monkey-selfie-macaque-copyright-court-david-slater)

Cheers,
Title: Re: Monkey sues photographer over selfie
Post by: tom b on August 06, 2017, 06:19:16 am
Honestly, can a monkey hold copyright of an image. Surely there should be some response. Has LuLa become so indifferent to professional photographers needs?

Worried,
Title: Re: Monkey sues photographer over selfie
Post by: Farmer on August 06, 2017, 06:55:40 am
Sorry, Tom - it's just that this story has been ongoing for so long and even the most recent struggle and situation are a couple of weeks old.  It's absurd.  I really am troubled by Wikipedia being one of the lead protagonists here - they take a view of copyright that it basically shouldn't exist because they want to use anything they want and that troubles me because it's such a good project but on this issue Jimmy Wales is miles off target.

Anywhere other than the US I would have said no way a monkey can hold copyright.  It has no legal standing to do so.  The owner of the monkey, maybe, if it's in a zoo or something.  The whole situation is absurd.
Title: Re: Monkey sues photographer over selfie
Post by: Chairman Bill on August 06, 2017, 03:00:45 pm
It is ridiculous. If this monkey has the copyright, then every photo where an animal has tripped an infra red beam, is owned by that animal. I would suggest paying into their bank accounts. Good luck with that.
Title: Re: Monkey sues photographer over selfie
Post by: Robert Roaldi on August 06, 2017, 03:48:52 pm
Has anyone interviewed the monkey to get its opinion?  (Sorry, couldn't stop myself.)
Title: Monkey [actually PETA] sues photographer over selfie
Post by: BJL on August 06, 2017, 03:58:16 pm
There are two separate legal issues here.

One is the case which denied the camera owner's claim to copyright, and put the image in the public domain. That is the one involving TechDirt and then Wikipedia.

The other far more absurd case is the one taken by lawyers employed by PETA on the farcical claim that they represent the monkey which pressed the shutter release on the camera, claiming copyright for the monkey. I am mystified as to why the courts have not dismissed that case on the basis that the lawyers have no standing, given that they have no evidence that the monkey wants this case to be pursued by them (or anyone else). That case also wants the owners of web-sites that allow self-publishing to be financially responsible for copyright violations, which could potentially shut down sites like LuLa if people start suing over copyright claims to images posted in forums or on blogs. (Take-down orders might be appropriate in that case, but nothing more.)
Title: Re: Monkey sues photographer over selfie
Post by: Slobodan Blagojevic on August 06, 2017, 04:22:39 pm
Has anyone interviewed the monkey to get its opinion?  (Sorry, couldn't stop myself.)

Just wait till the said monkey becomes Time's Person of the Year ;)
Title: Re: Monkey sues photographer over selfie
Post by: LesPalenik on August 06, 2017, 07:40:49 pm
Just wait till the said monkey becomes Time's Person of the Year ;)

or runs for president
Title: Re: Monkey sues photographer over selfie
Post by: Slobodan Blagojevic on August 06, 2017, 08:08:12 pm
or runs for president

Now you are just monkeying around 😀
Title: Re: Monkey [actually PETA] sues photographer over selfie
Post by: Jeremy Roussak on August 07, 2017, 04:05:50 am
The other far more absurd case is the one taken by lawyers employed by PETA on the farcical claim that they represent the monkey which pressed the shutter release on the camera, claiming copyright for the monkey. I am mystified as to why the courts have not dismissed that case on the basis that the lawyers have no standing, given that they have no evidence that the monkey wants this case to be pursued by them (or anyone else).

A court (why the plural?) has done just that, albeit not in quite those terms, as I understand it; the case has been dismissed but an appeal is proceeding.

Jeremy
Title: Re: Monkey [actually PETA] sues photographer over selfie
Post by: BJL on August 07, 2017, 06:54:21 am
A court (why the plural?) has done just that, albeit not in quite those terms, as I understand it; the case has been dismissed but an appeal is proceeding.
I'm glad to hear that the case has been rejected again; last I heard, a settlement was being planned.

I said "courts" because the case has gone through appeals and thus several courts, dragging on for about two years, and I am puzzled why multiple judges did not dismiss it more quickly.

https://arstechnica.com/tech-policy/2017/08/monkey-selfie-animal-rights-brouhaha-devolves-into-a-settlement/
Title: Re: Monkey [actually PETA] sues photographer over selfie
Post by: Jeremy Roussak on August 07, 2017, 03:02:54 pm
I'm glad to hear that the case has been rejected again; last I heard, a settlement was being planned.

I said "courts" because the case has gone through appeals and thus several courts, dragging on for about two years, and I am puzzled why multiple judges did not dismiss it more quickly.

https://arstechnica.com/tech-policy/2017/08/monkey-selfie-animal-rights-brouhaha-devolves-into-a-settlement/

Interesting; and thanks for the link. I now know that what we call a respondent, Americans call an appellee. It's a sad day when you learn nothing new.

Jeremy
Title: Re: Monkey sues photographer over selfie
Post by: Rand47 on August 08, 2017, 01:44:06 pm
Just wait till the said monkey becomes Time's Person of the Year ;)

Hey, no primate bashing.  This is typical of you conservative, xenophobes!  You should be severely punished by the full force of the law for being so intolerant of the "right way to think."  What's the matter with you?  Don't  you know that we're merely another primate?  To suggest that a fellow primate shouldn't be Time's Person of the Year (or president for that matter - we got really close on this last election) only shows the depths of your shallow thinking.  An outrage, I say!  The only legitimate "non-persons" allowed in this paradigm are the unborn. 

Rand
Title: Re: Monkey sues photographer over selfie
Post by: tom b on September 12, 2017, 10:23:42 pm
The case has been settled.

http://www.canberratimes.com.au/world/lawsuit-settles-monkey-narutos-selfie-rights-20170912-gyfntx.html

Cheers,