“They were quite naughty,jumping all over my equipment,and it looked like they were already posing for the camera when one hit the button,”Slater said.“The sound got his attention and he kept pressing it.At first it scared the rest of them away but they soon came back—it was amazing to watch.”
Most of the photos were unclear,but one of them was a cute selfportrait of a monkey appearing to grin.
Now the image has been uploaded to Wikimedia and Slater is not pleased.He has asked Wikimedia to remove the image from its pages because he owns the rights to it.It is included in Wikimedia Commons that is a collection of over 22 million images and videos that are free to use online and allows other websites to use it free of charge,it is harming his right to make money from “his” photo.
But Wikimedia says that because the monkey pressed the button to take the photo,Slater does not own the right to the photo and it is uncopyrightable.
Copyright law states that animals cannot own copyrights.“The term ‘authorship’ implies that,for a work to be copyrightable,it must owe its origin to a human being.Materials produced only by nature,by plants,or by animals are not copyrightable.”
Slater argues that the image was not produced only by monkey because a monkey pressed a button,but he did all the setting up.
“If the monkey took it,it owns the copyright,not me;that’s Wikimedia’s basic argument.What they don’t realize is that it needs a court to decide that.I’ve told them it’s not public domain,they’ve got no right to say that it’s public domain.”explained Slater.
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