People for the Ethical Treatment of Animals (PETA) is not backing down in its fight for copyrights for monkeys. This fight began about five years ago when a photographer, David Slater, was in Indonesia taking pictures of monkeys when Naruto, a now famous monkey, grabbed his camera to snap a selfie. Since then, Naruto’s renowned “Monkey Selfie” has appeared on websites and in a book.
PETA sued Slater arguing that Naruto has the same rights in his photograph as any human would have in their own works of art. Although this suit was dismissed earlier this year, that did not stop PETA from moving forward and fighting for Naruto’s rights in his selfie.
A California judge dismissed the case in ruling that a monkey cannot be the author of copyright work and, furthermore, copyright protection does not extend to animals. However, PETA, in gaining the support of a monkey expert, is appealing this case to the Ninth Circuit to argue otherwise.
Agustin Fuentes, a professor at Notre Dame and an expert in human-primate interactions, wrote a brief in support of PETA’s appeal to show that Naruto intentionally took a selfie and should be considered the author of the photo. Fuentes argues that Naruto has the “mental and physical capacity to undertake the series of actions that resulted in the creation of an original work.”
While this is just the beginning stages of this appeal, a decision favorable to PETA could potentially prove that animals can sue for copyright interests in the works of art they create.