Not one to give up, that macaque and PETA spend untold boat loads of money and finally won a court decision. The monkey will get a 25% royalty on sales of his self-portrait.
The law says that the one pushing the shutter button owns the photo, so be careful who or what activates that shutter. This could change wildlife photography practices forever. You might have to give royalties to the camera's self-timer. How about animals that take their picture as a result of activating a motion-sensitive switch? Would thunder and lightning own the rights to a picture taken by sound or light activation?
jerryc41 wrote:
Not one to give up, that macaque and PETA spend untold boat loads of money and finally won a court decision. The monkey will get a 25% royalty on sales of his self-portrait.
The law says that the one pushing the shutter button owns the photo, so be careful who or what activates that shutter. This could change wildlife photography practices forever. You might have to give royalties to the camera's self-timer. How about animals that take their picture as a result of activating a motion-sensitive switch? Would thunder and lightning own the rights to a picture taken by sound or light activation?
Not one to give up, that macaque and PETA spend un... (
show quote)
It wasn't a court decision, it was a settlement. And the money doesn't go to the monkey, it goes to a conservation organization.
Peterff
Loc: O'er The Hills and Far Away, in Themyscira.
jerryc41 wrote:
Not one to give up, that macaque and PETA spend untold boat loads of money and finally won a court decision. The monkey will get a 25% royalty on sales of his self-portrait.
The law says that the one pushing the shutter button owns the photo, so be careful who or what activates that shutter. This could change wildlife photography practices forever. You might have to give royalties to the camera's self-timer. How about animals that take their picture as a result of activating a motion-sensitive switch? Would thunder and lightning own the rights to a picture taken by sound or light activation?
Not one to give up, that macaque and PETA spend un... (
show quote)
The monkey was deemed not to have any rights under the law from what I recall. The photographer lost, PETA lost, and PETA increased its reputation as a PITA.
Peterff wrote:
The monkey was deemed not to have any rights under the law from what I recall. The photographer lost, PETA lost, and PETA increased its reputation as a PITA.
If neither the photographer, the monkey nor PETA owns the copyright - who does?
Is it in the public domain? That's what the commentator said but the court's ruling is not consistent with that.
Whose permission is needed to post it on UHH? Can we post a hot link to it? Can we download and re-post a copy?
Peterff
Loc: O'er The Hills and Far Away, in Themyscira.
selmslie wrote:
If neither the photographer, the monkey nor PETA owns the copyright - who does? CNN?
Whose permission is needed to post it on UHH?
That seems to be in the zone system, 50 shades of grey (or gray)! So far, the monkey doesn't own the copyright, so it would probably default to the human photographer, the settlement may address that, although I haven't seen the details. Either way, the monkey is no better or worse off, the photographer has been screwed, and PETA gets a new version of its acronym: Photographers Eviscerating Troublesome Activists.
I thought my husband and I were the only ones to use that abbreviation!
selmslie wrote:
If neither the photographer, the monkey nor PETA owns the copyright - who does?
Is it in the public domain? That's what the commentator said but the court's ruling is not consistent with that.
Whose permission is needed to post it on UHH? Can we post a hot link to it? Can we download and re-post a copy?
You CAN'T!!
BUT, if you ask the monkey nicely, the monkey might post it for you!!!
SS
sb
Loc: Florida's East Coast
I don't let anyone else monkey around with my camera!
I'm sure Getty has their nose in it. LOL
selmslie wrote:
If neither the photographer, the monkey nor PETA owns the copyright - who does?
Is it in the public domain? That's what the commentator said but the court's ruling is not consistent with that.
Whose permission is needed to post it on UHH? Can we post a hot link to it? Can we download and re-post a copy?
billnikon
Loc: Pennsylvania/Ohio/Florida/Maui/Oregon/Vermont
jerryc41 wrote:
Not one to give up, that macaque and PETA spend untold boat loads of money and finally won a court decision. The monkey will get a 25% royalty on sales of his self-portrait.
The law says that the one pushing the shutter button owns the photo, so be careful who or what activates that shutter. This could change wildlife photography practices forever. You might have to give royalties to the camera's self-timer. How about animals that take their picture as a result of activating a motion-sensitive switch? Would thunder and lightning own the rights to a picture taken by sound or light activation?
Not one to give up, that macaque and PETA spend un... (
show quote)
Absolutely, you are right, all the animals should receive money for their troubles. Camera companies should take note and come out with a new line of animal friendly camera's specifically designed for paws, claws, and tallon's.
Drones are OUT, hawks and birds with camera's rubber banded to them are IN.
Just thinking logically, without having access to the agreement, if the Court approved the settlement then the Court must have ruled the photographer has the rights; otherwise, the photographer's agreement to give 25% of proceeds from the image to conservation groups wouldn't be valid.
JohnSwanda wrote:
It wasn't a court decision, it was a settlement. And the money doesn't go to the monkey, it goes to a conservation organization.
U. S. Court of Appeals. The macaque won 25% of any royalties. Naruto, the macaque, doesn't have a bank account, or even a piggy bank, so all of his money will go to the Sulawesi wildlife preserve.
https://www.lightstalking.com/smiling-monkey-wins-royalty-rights-to-famous-selfie/
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