PETA argues it should be able to represent monkey in court
The US Court of Appeals for the Ninth Circuit has heard arguments from the People for the Ethical Treatment of Animals (PETA) suggesting it should be able to represent a monkey in a copyright suit.
However, the photographer at the centre of the dispute told WIPR the case is a “simple publicity stunt”.
As reported by WIPR yesterday, the case stems from a ‘selfie’ taken by a Macaque monkey in Indonesia using the camera of British photographer David Slater.
PETA requested in a complaint in 2015 that any profits derived from the photo, which went viral, shall be spent on the monkey and preserving its habitat, as the copyright belongs to him.
Last year WIPR reported that Judge William Orrick of the US District Court for the Northern District of California rejected PETA’s claim and stated that any copyright ownership by animals is a matter for Congress, not the courts.
The three-judge panel at the Ninth Circuit has now heard arguments from PETA’s attorneys, who stated that the organisation has the right to represent the monkey.
One judge asked: “How is there an allegation in the complaint that PETA is a qualified next friend of the monkey Naruto so that PETA can represent Naruto in the copyright claim he is making?”
The PETA representative responded by saying “PETA has a genuine concern and is dedicated to the pursuit of the wellbeing of the monkey”.
He added that copyright protection, as outlined by the constitution, does extend to monkeys because “author means originator”.
Speaking to WIPR, Slater said: “PETA has not only abused myself, but the monkey and the donors who put the millions towards them thinking it goes directly to the animals, and people have to ask if they are abusing the US court system as well.
“This is a simple publicity stunt to get more donations.”
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