Wikipedia refuses to delete photo as monkey owns it

[Slobodan Blagojevic]

... The resulting images are a result of the photographer's intent...

Perhaps, if the determining factor for copyright is intent (and I do not remember ever seeing that argument used before).  What if the photographer's intent was to give camera to a monkey and see what happens?

Or another example: I am in a car with a passenger... I see a scene, stop the car, choose a lens, set up camera parameters, but it is only seen properly through the passenger side window, so I ask the passenger, say a total photography novice, just to press the shutter. Who owns the copyright? According to the current legislation, the passenger, because he pressed the button. According to your intent concept (and I happen to agree with in this case) it should be me, because of my intent and all the steps I took before and after the simple fact of pressing the button.

[Eric Myrvaagnes]

I think you would have to pay your passenger something to take the shot. Then it becomes a "work for hire" and you, as the one in charge own the copyright.

If that's the case, someone should find out if the monkey's photographer gave the monkey a peanut or a banana.

I, too, am not a lawyer, but I've watched one on TV.

[Peter McLennan]

What if the photographer's intent was to give camera to a monkey and see what happens?

Good question.  That didn't appear to be the situation in the case under discussion.  The camera was stolen by the photographer, the monkey, and used for his own devious purposes.

I think the monkey should own the copyright.  He apparently conceived of and executed the photograph.  All royalties and residuals payable to Jane Goodall in trust.

[Colorado David]

Work for hire must be plainly stated in a written contract.  There are no verbal contracts in work for hire.  I doubt the monkey would be able to work under a written contract.

[joneil]

Work for hire must be plainly stated in a written contract.  There are no verbal contracts in work for hire.  I doubt the monkey would be able to work under a written contract.

   For what it is worth, I have met people who cannot seem to work under a written contract either.   Wish I could put a "smiley face" after that comment and make the remark a bit sarcastic/humours, but sadly, it's quite true.  Also, seeing the talent that monkey has shown (so far), I would almost rather work with him than some people i have met in the past.   (no smiley face here either)

  Maybe we should send the US Copyright office a complete set of blue-rays of "The Planet of the Apes" series and ask them to reconsider thier point of view.

(okay, now there is a smiley face)