Just When I Thought I Had Seen Everything …
There are few things in life that shock me, but I recently became aware of something that really raised my eyebrows – a monkey suing for copyright infringement!
Several years ago, Naruto, a crested macaque, residing in Indonesia, apparently took some “selfies” with a camera belonging to a renowned photographer. Now, Naruto, through PETA, has sued the photographer, among others, for copyright infringement in the United States District Court for the Northern District of California. I suppose stranger things have happened, but a monkey suing for copyright infringement?
According to the allegations in the complaint, the photographer has been selling and/or distributing materials containing copies of at least one of the “selfies” Naruto took with the photographer’s camera. Now, Naruto is seeking to enforce his rights as an alleged copyright owner, since he is, according to the allegations in the complaint, the “author” of the copyrighted work – the “selfie” used by the photographer in a book.
Not surprisingly, the Defendants have filed a motion to dismiss the case asserting that a monkey does not have “standing” to sue under the Copyright Act because Congress did not expressly confer standing to animals in the Copyright Act. The matter is set for hearing just after the first of the year.
Two brief comments:
(1) Legally, there may be something here because a prestigious law firm filed the case. While that does not automatically make the case meritorious, it would surprise me that the firm filed a bogus case. It seems that they are arguing for a change in the law.
(2) I cannot wait to see Naruto’s opposition to the motion due in a few weeks.
One more tongue-in-cheek question/comment – Is Naruto going to submit a declaration in opposition to the motion? If so, how can a monkey sign something under penalty of perjury?
In all seriousness, it should be interesting to see what the Court does with this.
