A recent copyright dispute highlights that even the animal kingdom is not immune from the “selfie” craze.
British photographer David Slater contends that he owns a photograph taken by an Indonesian macaque that stole his camera. Meanwhile, Wikipedia contends that the image, which is posted on one of its websites, rightfully belongs in the public domain.
According to media accounts, Slater traveled to Indonesia to capture the crested black macaque. While he was shooting, one of primates hijacked his camera and took over 100 pictures. Not surprisingly, one of the photos she took of herself went viral after Slater posted it online.
Earlier this year, Wikimedia Foundation, which owns Wikipedia, posted the “selfie” in its online database of public domain images. The Wikimedia Commons is a collection of 22,302,592 images that can be used by the public without paying royalties. Upon discovering the image, Slater asked the company to remove it, but Wikipedia has refused.
The primary issue in the dispute is who owns the copyright to the image.
Under U.S. copyright law, ownership rights vest immediately. However, works must satisfy three criteria in order to obtain copyright protection. They must be in tangible medium, be original, and have author. In this case, the third requirement is causing the most debate.
Slater maintains that he expended significant resources to capture the shot and has been unable to reap any of the financial benefits of its popularity. He further argues that the copyright should vest in him because he owns the camera that captured the image, citing “If I have an assistant, and the assistant presses the camera on my behalf, I still own the copyright.”
Meanwhile, Wikipedia contends that the photo is in the public domain because “non-human authors” are not granted an automatic copyright of photographs that they take. “To claim copyright, the photographer would have had to make substantial contributions to the final image, and even then, they’d only have copyright for those alterations, not the underlying image. This means that there was no one on whom to bestow copyright, so the image falls into the public domain,” it argues.
While it may unfair that Slater cannot profit from the use of the image, most intellectual property experts agree that he cannot claim copyright ownership. While the result may have been different if Slater had played a more significant role in creating the image, such as adjusting the lighting or angle of the shot, in this case, the money simply stole the camera. Moreover, Slater did not interject his own creativity in post-production. For instance, he made no substantial edits to the color, sizing, or shading of the image before posting it online.
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Monkey "selfies" at the center of a copyright dispute
Author: Fred D. Zemel
A recent copyright dispute highlights that even the animal kingdom is not immune from the “selfie” craze.
British photographer David Slater contends that he owns a photograph taken by an Indonesian macaque that stole his camera. Meanwhile, Wikipedia contends that the image, which is posted on one of its websites, rightfully belongs in the public domain.
According to media accounts, Slater traveled to Indonesia to capture the crested black macaque. While he was shooting, one of primates hijacked his camera and took over 100 pictures. Not surprisingly, one of the photos she took of herself went viral after Slater posted it online.
Earlier this year, Wikimedia Foundation, which owns Wikipedia, posted the “selfie” in its online database of public domain images. The Wikimedia Commons is a collection of 22,302,592 images that can be used by the public without paying royalties. Upon discovering the image, Slater asked the company to remove it, but Wikipedia has refused.
The primary issue in the dispute is who owns the copyright to the image.
Under U.S. copyright law, ownership rights vest immediately. However, works must satisfy three criteria in order to obtain copyright protection. They must be in tangible medium, be original, and have author. In this case, the third requirement is causing the most debate.
Slater maintains that he expended significant resources to capture the shot and has been unable to reap any of the financial benefits of its popularity. He further argues that the copyright should vest in him because he owns the camera that captured the image, citing “If I have an assistant, and the assistant presses the camera on my behalf, I still own the copyright.”
Meanwhile, Wikipedia contends that the photo is in the public domain because “non-human authors” are not granted an automatic copyright of photographs that they take. “To claim copyright, the photographer would have had to make substantial contributions to the final image, and even then, they’d only have copyright for those alterations, not the underlying image. This means that there was no one on whom to bestow copyright, so the image falls into the public domain,” it argues.
While it may unfair that Slater cannot profit from the use of the image, most intellectual property experts agree that he cannot claim copyright ownership. While the result may have been different if Slater had played a more significant role in creating the image, such as adjusting the lighting or angle of the shot, in this case, the money simply stole the camera. Moreover, Slater did not interject his own creativity in post-production. For instance, he made no substantial edits to the color, sizing, or shading of the image before posting it online.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
