Can a monkey own a photo copyright? News tonight says the photo is in public domain because the monkey pushed the button. What about pictures taken by a photocell sensor? If I set up...

DrPhrogg Loc: NJ

News tonight says the photo is in public domain because the monkey pushed the button. What about pictures taken by a photocell sensor? If I set up the picture and provided the equipment, I would assume I owned the photo, but apparently I would be wrong.

http://gawker.com/wikipedia-wont-take-down-macaque-selfie-because-the-mo-1616872553?utm_campaign=socialflow_gawker_facebook&utm_source=gawker_facebook&utm_medium=socialflow

St3v3M Loc: 35,000 feet

This will make for an interesting court case.

STVest Loc: LA - that's Lower Alabama

I have not read beyond the headlines of this story. What I want to know is, did the monkey retain an attorney? If I owned the camera, I think I'd claim ownership of the photo. Monkey doesn't like it? So sue me!

EDIT: Okay. Read the link. Still clear as mud.
What about the paintings done by the elephant? Who owns those?

DrPhrogg Loc: NJ

STVest wrote:

I have not read beyond the headlines of this story. What I want to know is, did the monkey retain an attorney? If I owned the camera, I think I'd claim ownership of the photo. Monkey doesn't like it? So sue me!

EDIT: Okay. Read the link. Still clear as mud.
What about the paintings done by the elephant? Who owns those?

Wiki is not claiming that the photo is owned by anyone, but in the public domain since a monkey can't own property, intellectual or otherwise.

If I set up my camera with a motion sensor release to capture photos of a hummingbird or owl, do I lose ownership because I didn't push the button?

STVest Loc: LA - that's Lower Alabama

DrPhrogg wrote:

If I set up my camera with a motion sensor release to capture photos of a hummingbird or owl, do I lose ownership because I didn't push the button?

And if I shoot on "auto", does Canon own all my photos?

DrPhrogg Loc: NJ

STVest wrote:

And if I shoot on "auto", does Canon own all my photos?

The issue in court is who pushed the button.

STVest Loc: LA - that's Lower Alabama

DrPhrogg wrote:

The issue in court is who pushed the button.

But, but, but -- even a monkey can push a button. Setting up the shot and choosing camera settings requires critical thinking.

Rongnongno Loc: FL

Again? How many you folks will start this thread? You do not have enough this crap?

STVest Loc: LA - that's Lower Alabama

Rongnongno wrote:

Again? How many you folks will start this thread? You do not have enough this crap?

What's that you're flingin' there, Rong?

DrPhrogg Loc: NJ

Rongnongno wrote:

Again? How many you folks will start this thread? You do not have enough this crap?

When the courts get involved in your rights to your own photos, it is not the monkey that is the issue. A significant number of thread on this site deal with ownership of the image. This time, the court has thrown a monkey in the works.

DrPhrogg Loc: NJ

STVest wrote:

But, but, but -- even a monkey can push a button. Setting up the shot and choosing camera settings requires critical thinking.

According to the news today, the court decided it is who pushes the button. That may become problematic.

joer Loc: Colorado/Illinois

DrPhrogg wrote:

News tonight says the photo is in public domain because the monkey pushed the button. What about pictures taken by a photocell sensor? If I set up the picture and provided the equipment, I would assume I owned the photo, but apparently I would be wrong.

http://gawker.com/wikipedia-wont-take-down-macaque-selfie-because-the-mo-1616872553?utm_campaign=socialflow_gawker_facebook&utm_source=gawker_facebook&utm_medium=socialflow

Just one monkey looking out for another monkey.

Gobuster Loc: South Florida

STVest wrote:

And if I shoot on "auto", does Canon own all my photos?

They do only if you use the time delay release. Under that scenario the camera is pushing the button! I hear the latest Canon's have built in 4G LTE and automatically upload all qualifying images to the Canon cloud for use at their pleasure! There is no way to disable the upload other than opening up the camera and exorcising the LTE chip. I've also heard that they don't use the images as all Canon commercial photos are shot with Sony, Pentax or Nikon cameras, preferably taken by monkeys so they don't pay royalties! Ok, Ok, I know it's time for my meds :shock:

STVest Loc: LA - that's Lower Alabama

Gobuster wrote:

They do only if you use the time delay release.

That would only be one degree from pushing the shutter release. So the same would apply for a remote release?

BTW: The monkey shot with a Nikon? So is Nikon using this in their marketing? "So simple even a monkey can use it." But, of course, we knew that, didn't we?

BHC Loc: Strawberry Valley, JF, USA

Another wrinkle:

According to the article, Wikipedia claims, "For example, under US copyright law, copyright claims cannot vest in to non-human authors (that is, non-human authors can't own copyrights)"

An advanced search of www.copyright.gov shows no instance for the phrase, "non-human author" so where does Wikipedia get its information?