Caters News Agency claims to have bought exclusive rights to the iconic self-portrait
taken by a macaque that snatched a photographer's camera while the latter was shooting on Sulawesi. Caters has sent copyright threats to some sites that reproduced the image, prompting Techdirt (one of the nastygram recipients) to delve deeply into the question of the copyrightability of works created by non-humans.
Under US law (we'll deal with elsewhere soon), you have to have made the creative contributions (the copyrightable aspects) to the image to have it qualify for any copyright protection (and then, it's only the creative aspects that get the copyright). Thus, you could argue that if the photographer had set up the camera, framed the shot, and simply let the monkey click the shutter, perhaps there is some copyright there (though, even then it would likely be limited to some of the framing, and not much else). But David Slater has already admitted that the monkeys found a camera he had left out by accident and that he did not have anything to do with setting up the shot. He's stated that the monkeys were playing with the shiny objects and when one pushed the shutter, the noise interested them and they kept it up. It would be difficult to argue he made any sort of creative contribution here to warrant copyright.
Can We Subpoena The Monkey? Why The Monkey Self-Portraits Are Likely In The Public Domain
Can the monkeys get the copyright? No. As Justin Levine kindly pointed out, according to the rules published by the US Copyright Office:
503.03 Works not capable of supporting a copyright claim.
Claims to copyright in the following works cannot be registered in the Copyright Office:
503.03(a) Works-not originated by a human author.
In order to be entitled to copyright registration, a work must be the product of human authorship. Works produced by mechanical processes or random selection without any contribution by a human author are not registrable. Thus, a linoleum floor covering featuring a multicolored pebble design which was produced by a mechanical process in unrepeatable, random patterns, is not registrable. Similarly, a work owing its form to the forces of nature and lacking human authorship is not registrable; thus, for example, a piece of driftwood even if polished and mounted is not registrable
Coming after improvements to Firefox and continued unease at Google’s life-pervading insight, this image is outperforming the ███████ ████ Virality Control Group today (via). It got me thinking about all the promises that were made. Here’s the earliest article in Google News to contain “Big browser” in its headline, published by Time Magazine on Nov. […]
The WiFi232 is a traditional old-timey old-schooley Hayes-compatible 300-115200 baud modem, no wider than its own parallel DB25 port. Automatically responds with a customizable busy message when already in a call. The killer app seems to be using it to get internet onto ancient retro portables like the TRS-80 Model 102, but it’s been put […]
Most tech-media takes on the iPhone’s 10th anniversary are bland and self-congratulatory, but I like Tom Warren’s at The Verge. He laments how Apple’s pocket computer killed his inner nerd. As a youngster, he’d be constantly tearing down and building computers, even in the sweltering heat of summer. But now… …All of that tinkering and […]
Web content creators who don’t have a solid SEO strategy should take note of Webtexttool. It’s a service that pulls in anonymous data from their entire user base to offer crowdsourced guidance that increases your search page ranks. By analyzing prior user successes, it helps you better gauge how your posts will perform at a […]
Just because English has become the common global tongue doesn’t mean it’s the easiest language to write—even for native speakers. If you’re looking to improve your written communication skills, especially on your smartphone, take a look at Ginger Page.Ginger is a cross-platform app that offers corrections for phrasing as well as grammar. It’s powered by […]
The current web development landscape is rife with buzzwords and technology that gets abandoned almost as soon as it’s made. If you’ve never written a line of code before, it can be hard to figure out what’s coming, what’s here to stay, or how to get ahead.This Beginner Web Development Bundle is a great place […]