Rare Book Monthly

Articles - October - 2017 Issue

Follow Up: Can a Monkey Copyright His Original Works? We Still Don't Know

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Naruto.

The infamous "monkey selfie" case has come to an end without answering the major question – can a monkey copyright his original works? The parties to the lawsuit have come to a settlement which leaves the burning question unanswered.

 

The case began almost a decade ago in Indonesia when photographer David Slater mingled over several days with some crested macaque monkeys. He then set up a camera and waited for them to investigate. One did, standing in front of the camera and clicking the shutter. Voila! the first monkey selfie.

 

Slater got a copyright on his photograph in his home country of England, but in America, the copyright office said no. It said that no copyright could be granted on pictures taken by animals. With the threat of copyright gone, the picture spread like wildfire across the internet, making it a very famous photograph, though Slater received nothing for his efforts.

 

However, an organization disagreed with the copyright office's ruling. It claimed that a photo taken by a monkey was indeed subject to copyright. Where they parted company with Slater was as to who owned the copyright. People for the Ethical Treatment of Animals went to court to establish the right of the monkey, Naruto, to own the copyright to the photograph he took.

 

Slater naturally disagreed, not much liking the idea that he would have to pay royalties to a monkey on photographs he thought were his own. Unfortunately, PETA was determined to make its point and fought him in court. Slater won. At least at the lower court level, the Judge agreed with Slater's contention. While acknowledging PETA's point that copyright law does not specifically say it is inapplicable to monkeys, the court reasoned that if such a bizarre result was intended by Congress, it clearly would have said so in the legislation.

 

PETA is persistent. They appealed. A hearing was held in front of the Appellate Court, but while awaiting a decision, the sides decided to reach a settlement. That agreement provides that Slater will donate 25% of any future revenue derived from the selfies to charities protecting the habitat of the rare crested macaques. PETA agreed to drop its appeal, and the parties went to the unusual step of asking that the lower court decision in favor of Slater be vacated. That would make it as if no court had ever reached an opinion on the issue of copyrights for original work being held by animals. The case would provide no precedent for suits involving creations such as paintings by elephants. Animals get to argue their rights anew.

 

The parties jointly issued a brief statement saying, "PETA and David Slater agree that this case raises important, cutting-edge issues about expanding legal rights for nonhuman animals, a goal that they both support, and they will continue their respective work to achieve this goal."

 

This settlement clearly represents an expected victory by Slater. The 25% contributions Slater is compelled to make are probably less than the costs of continuing his defense in court, especially since he cannot copyright his photographs. For PETA, it was a face-saving exit out of what was likely an inevitable defeat. PETA can now focus on meaningful animal rights issues, such as protection against abuse and destruction of habitats, rather than hopeless and fanciful ones such as this.  

Rare Book Monthly

  • <b>Bonhams, Sep. 17:</b> EARLY AVIATION PHOTOGRAPHY ARCHIVE. Chronicling 20th century aviation from the earliest Wright Brothers images through commercial and military applications. $50,000 to $70,000.
    <b>Bonhams, Sep. 17:</b> FIRST TELEPHONE CALL TO THE MOON. Partial transcription signed by Apollo 11 astronauts and President Nixon. $20,000 to $30,000.
    <b>Bonhams, Sep. 17:</b> SPUTNIK-1 EMC/EMI LAB MODEL, 1957. Full scale vintage test model of the Sputnik-1 satellite, Moscow, [February, 1957]. $400,000 to $600,000.
    <b>Bonhams, Sep. 17:</b> Apollo 11 Beta cloth crew emblem, SIGNED BY THE ENTIRE APOLLO 11 CREW. $8,000 to $10,000.
    <b>Bonhams, Sep. 17:</b> GEMINI 1/8 SCALE MODEL. Rarely seen large-scale contractor's model. $3,000 to $5,000
    <b>Bonhams, Oct. 23:</b> SMITH, CHRISTOPHER WEBB. 1793-1871. <i>Indian Ornithology.</i> [Patna, India]: 1828. $50,000 to $80,000.
    <b>Bonhams, Oct. 23:</b> DUPRÉ, LOUIS. 1789-1837. <i>Voyage à Athènes et à Constantinople, ou Collection de portraits, vues et costumes grecs et ottomans.</i> Paris: Dondey-Dupré, 1825. $60,000 to $90,000.
    <b>Bonhams, Oct. 23:</b> ADAMS, JOHN. Autograph Letter Signed ("J Adams"), [to Dr. Perkins?] while recovering from his small pox inoculation, [late-April, 1764]. $30,000 to $50,000.
    <b>Bonhams, Oct. 23:</b> AUSTEN, JANE. Autograph Letter Signed ("J. Austen"), to her sister Cassandra, 4 pp, "Thursday – after dinner," [September 16, 1813,] Henrietta St. $80,000 to $120,000.
    <b>Bonhams, Oct. 23:</b> AUDUBON, JOHN JAMES. 1785-1851. <i>The Birds of America, from Drawings Made in the United States and Their Territories.</i> New York & Philadelphia: J.J. Audubon & J.B. Chevalier, 1840-1844. $20,000 to $30,000.
    <b>Bonhams, Oct. 23:</b> DODWELL, EDWARD. 1767-1832. <i>Views in Greece.</i> London: Rodwell and Martin, 1821. $20,000 to $30,000.
    <b>Bonhams, Oct. 23:</b> JAMES, JESSE. Autograph Letter Signed ("Jesse W. James"), to Mr. Flood demanding Flood retract spurious accusations, 3 pp, June 5, 1875. $200,000 to $300,000.
  • <center><b>Chiswick Auctions<br>Books & Works on Paper<br>September 25, 2019</b>
    <b>Chiswick Auctions, Sep. 25:</b> Rowling (J.K.) <i>Harry Potter and the Philosopher's Stone,</i> FIRST EDITION, first issue, 8vo, 1997. £15,000 to £20,000
    <b>Chiswick Auctions, Sep. 25:</b> Bible, Italian.- Malermi Bible, woodcut illustrations, folio, Lazaro de Soardi & Bernardino Benali, Venice,1517. £8,000 to £12,000
    <b>Chiswick Auctions, Sep. 25:</b> Germany.- Homann (Johann Baptist). <i>Atlas von Deutschland,</i> engraved half title, hand coloured, 87 double page engraved maps, [folio, Erben, Nuremberg, 1753]. £8,000 to £10,000
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>September 25, 2019</b>
    <b>Chiswick Auctions, Sep. 25:</b> [Mirk (John)].- <i>Liber festivalis et Quatuor sermons</i> [bound with], [Le Roy (Pierre)] <i>A Pleasant Satyre or Poesie,</i> first edition in English, Widdow Orwin for Thomas Man, 1595, 8vo. £1,500 to £2,000
    <b>Chiswick Auctions, Sep. 25:</b> Antoninus Florentinus (Saint Archbishop of Florence). <i>Confessionale: Defecerunt…,</i> 8vo, Pietro Quarengi, Venice, 15 February 1499. £1,000 to £1,500
    <b>Chiswick Auctions, Sep. 25:</b> Jesuit Letters.- [Froes (Father Luigi) & et al.)] Avvisi del Giapone de gli anni 1582, 1583, 1584…, 1586 [bound with] Avvisi della Cina et Giapone…, FIRST EDITIONS, Rome. £1,000 to £1,500
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>September 25, 2019</b>
    <b>Chiswick Auctions, Sep. 25:</b> Plutarch & Probus (Aemilius). <i>Plutarchi Cheronei et Aemilii Probi Illustrium,</i> folio, Nicolas de Pratis for Jean-Petit, Paris, 1521. £1,000 to £1,500
    <b>Chiswick Auctions, Sep. 25:</b> Bible.- English. <i>The Byble in Englyshe of the Largest and Greatest volume,</i> elaborate woodcut border, text vignettes, folio, 1541. £1,000 to £1,500
    <b>Chiswick Auctions, Sep. 25:</b> Fore-edge Painting.- Lord George Byron, The Giaour, a Fragment of a Turkish Tale, bound with 10 other titles, 4 plates marked 'Proof.', 1813. £800 to £1,200
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>September 25, 2019</b>
    <b>Chiswick Auctions, Sep. 25:</b> Manson (John). Twelve by Sixteen Papers of John Mason, a collection of 50 sheets of paper, some watermarked, 12 x 16”, c.1978. £800 to £1,200
    <b>Chiswick Auctions, Sep. 25:</b> Fleming (Ian). <i>Dr. No,</i> FIRST EDITION, original boards, dust-jacket, 8vo, 1958. £700 to £900
    <b>Chiswick Auctions, Sep. 25:</b> Eliot (T.S.) <i>Four Quartets,</i> NUMBER 121 of 290 COPIES, signed by author, 1960. £400 to £600
  • <b>Swann Auction Galleries Illustration Art:</b> Eric Carle, <i>The Very Hungry Caterpillar,</i> hand-painted collage. Sold for a record $20,000.
    <b>Swann Auction Galleries Illustration Art:</b> Charles Addams, <i>Couple passing a giant bird house,</i> watercolor cartoon for <i>The New Yorker,</i> 1948. Sold for $16,250.
    <b>Swann Auction Galleries Illustration Art:</b> Miriam Troop, <i>Rain on Laundry Day,</i> oil on canvas, cover for <i>The Saturday Evening Post,</i> 1940. Sold for $40,000.
    <b>Swann Auction Galleries Illustration Art:</b> Rockwell Kent, <i>To All Fascists,</i> ink broadside for The League of American Writers, circa 1937. Sold for $6,500.
    <b>Swann Auction Galleries Illustration Art:</b> Jo Mielziner, <i>Pet Shop Drop,</i> backdrop design for <i>Pal Joey</i> on Broadway, 1940. Sold for a record $55,000.
    <b>Swann Auction Galleries Illustration Art:</b> Lee Brown Coye, acrylic cover illustration for the 25th anniversary of <i>Weird Tales,</i> 1944. Sold for $18,750.
    <b>Swann Auction Galleries Illustration Art:</b> Virgil Finlay, <i>The Outsider & Others,</i> pen & ink dust jacket illustration for H.P. Lovecraft's book, 1939. Sold for $5,500.
    <b>Swann Auction Galleries Illustration Art:</b> Al Hirschfeld, <i>Paul Robeson as Othello,</i> illustration for <i>The New York Times,</i> 1942. Sold for $68,750
    <b>Swann Auction Galleries Illustration Art:</b> Frederic Remington, pen & ink illustration for <i>A Scout with the Buffalo Soldiers</i> in <i>The Century</i> magazine, 1889. Sold for $17,500.

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