Ramblings of an old Doc

 

David J. Slater is the photographer who set up a monkey selfie shot (in 2011) and when it became a meme, requested Wikipedia to remove the monkey selfie with a DCMA letter. Wiki said, sorry but the photo is uncopyrightable since current law says

“The term ‘authorship’ implies that, for a work to be copyrightable, it must owe its origin to a human being. Materials produced solely by nature, by plants, or by animals are not copyrightable.” – Copyright Compendium 202.02 b and c

So…the pics were obviously in the public domain…since even though he set up the picture, the monkey pushed the button.

But now? “PETA Strikes Back”, or rather, “Naruto Strikes Back”. They say his name is Naruto. Their lawyers actually filed (where else? San Francisco) a brief {irony: Check Sources number 2} defending the lawsuit which the lawyers actually claim is legit (in my eyes, the lawyers have ceased to be legit). You can see it here. It boils down to “Well, someone has to own it and it should be the monkey.” Lawyers having fun at the public expense. How about the Judge fining them $2 million for their PETA paid for publicity stunt? Never mind that Slater has been changing his story to expand his role in the idiotic photo. But the thought “There has to be a copyright and someone must hold it” is also wrong. The law actually says that photos/art created by humans or animals can be in the public domain and that therefore no one owns them.

Enough of this battle to entitle animals to stuff they aren’t entitled to from the get go. They have a right to some dignity, after all. What self respecting monkey, or other animal for that matter, would want to be a paparazzo?

How about this: Leave the animals alone where they live. Don’t destroy their environment: No amount of cosmetics justify destroying the world (it isn’t just where THEY live: It’s one planet). Go there and kill only time, and take only pictures (or paint, I don’t care). Then leave. Sell the pictures or not. The animals will have won, and so will we.

Now can we actually: 1) Defeat Daesh (ISIS). 2) Do something good for this mudball. 3) Stop preventing monkeys from being photographers and PLEASE, 4) End the “What Happened to Global Warming?” thread.

Sorry...could't resist the urge. So sue me.

Sources:

https://www.techdirt.com/articles/20151204/15044132991/selfie-monkey-strikes-back-lawyers-claim-course-monkeys-can-sue-copyright.shtml

https://assets.documentcloud.org/documents/2641993/20151204Plaintiff27sOppositiontoMTD.pdf


Comments (Page 1)
on Dec 06, 2015

Hehe

on Dec 06, 2015

Just another day in the good, or rather not so good, world of wannabes and their fifteen minutes of fame.

on Dec 06, 2015

PETA is a menace to rational thought.

4) End the “What Happened to Global Warming?” thread.

Hear! Hear!

 

on Dec 06, 2015

Frankly, I don't see why monkeys can't take photos/selfies and own the copyrights to said materials. 

Then all David J Slater would have to do is become the monkey's legal guardian to sue on its behalf.

 

 

Oh, and Cauldyth, do you hold the copyright for the selfie that is your avatar?

on Dec 06, 2015

Cauldyth

PETA is a menace to rational thought.


4) End the “What Happened to Global Warming?” thread.



Hear! Hear!

 

 

Assigning human inputs into Global warming trends is an error.  Obviously, we have finally uncovered the cause of global warming.  The monkeys are responsible.  There is a direct inverse correlation between the number of monkeys alive on the planet and rising climate (not weather) temperatures.  Therefore there is a connection between global warming thread and the PITA / monkey business. 

on Dec 06, 2015

starkers

Frankly, I don't see why monkeys can't take photos/selfies and own the copyrights to said materials. 

You mean beyond the law dealing with it?

If you take it as a concept, it's absurd that a monkey which has no idea what a photograph/painting, etc. is, should have 'rights' to anything 'produced', really. To take it a step further, what would a monkey do with said 'rights'? Does a monkey have any conception of 'rights', or (more likely) is it a ploy to set PETA (or a bunch of lawyers) up with yet another source of income "administering" those rights and the funds and fees associated with the products? 

Imagine. A whole new field: Monkey (or elephant, whale, etc.) banking, financial services and the governmental aspect: Yes, taxes...more money for politicians, lawyers and bankers. Nah. Better to leave the monkeys to be monkeys wherever and the 'humans' to do what we do best...

Just to push a point.

on Dec 06, 2015


PLEASE, 4) End the “What Happened to Global Warming?” thread.

As long as there is no call to end the "Ban Game" thread I applaud.

on Dec 06, 2015

Here here......one is overplayed ad infinitum and the other injects humor into an otherwise banal world.

on Dec 06, 2015

I object, Uvah - they both inject humor into an otherwise banal world.

Leave the poor AGW thread alone.

on Dec 06, 2015

At least the monkey has lack of cognative ability to use an excuse for taking a selfie. What excuse do humans have?

on Dec 06, 2015

Man that monkey's got great teeth.  I dunno, he's looking pretty smug there showing off his pearly whites, maybe "Planet of the Apes" has begun....

on Dec 06, 2015

Shallow end of the gene pool?

on Dec 06, 2015

DrJBHL


Quoting starkers,

Frankly, I don't see why monkeys can't take photos/selfies and own the copyrights to said materials. 



You mean beyond the law dealing with it?

If you take it as a concept, it's absurd that a monkey which has no idea what a photograph/painting, etc. is, should have 'rights' to anything 'produced', really. To take it a step further, what would a monkey do with said 'rights'? Does a monkey have any conception of 'rights', or (more likely) is it a ploy to set PETA (or a bunch of lawyers) up with yet another source of income "administering" those rights and the funds and fees associated with the products? 

Imagine. A whole new field: Monkey (or elephant, whale, etc.) banking, financial services and the governmental aspect: Yes, taxes...more money for politicians, lawyers and bankers. Nah. Better to leave the monkeys to be monkeys wherever and the 'humans' to do what we do best...

Just to push a point.

Thing is, Doc, monkeys do a better job at being human than some humans.  I mean, look at the history of cock-ups perpetrated by the powers that be over the last couple hundred years.  At least a monkey's life is uncomplicated, simplistic and free of taxes, charges and fees.

Yup, I say we fire our current masters and elect a monkey today. 

on Dec 06, 2015

The Alaska Zoo was selling Annabelle's paintings for years.  She made hundreds of thousands of dollars off paintings as an elephant.

on Dec 06, 2015

starkers

'humans' to do what they do best...

Like screw everything up. Elect the monkey and Annabelle too. They might even do a better job.