4 ms·
Shouldn't they ask the monkey for permission before publishing it then?
by mariuolo 12y ago
Shouldn't they ask the monkey for permission before publishing it then?
- mnw21cam 12y agoThis is a matter of degrees. (No, not that type of degree.) Let's assume for the moment that the monkey, as a non-human, cannot own copyright. Therefore it is a choice between the human holding copyright and the image being in the public domain. If a monkey draws a picture using mud on a sheet of bark that has fallen on the ground, and a human notices the picture and picks it up, does the human own copyright? (Probably not, in my opinion.) If the monkey picks up a camera offered to it by a human, who has set up the camera, switched it on, etc., and the monkey takes a picture, does the human hold copyright? (Not sure.) If a human sets up a camera on a tripod, pre-focusses it, sets up a motion detection system to trigger the shutter, and the monkey walks past it triggering an image to be captured, does the human hold copyright? (Definitely, in my opinion.)
- cpncrunch 12y agoI suspect it will involve handing over a lot of money to lawyers to figure this one out.
- collyw 12y ago>If a human sets up a camera on a tripod, pre-focusses it, sets up a motion detection system to trigger the shutter, and the monkey walks past it triggering an image to be captured, does the human hold copyright? (Definitely, in my opinion.) Conversely, I see lots of cool pictures of people doing crazy stuff, kayakers, going off massive waterfalls, bikers doing backflips, street performers, magicians. To me it is the subject of the picture who has spent years training, he / she is what makes the picture interesting (the photographer may make the colours a bit nicer, or the focus sharper, but the subject is what makes the picture). Yet the photographer owns the copyright. (To be fair I kind of agree with your last point, but I think that the photographer automatically getting copyright is the problem. I doubt giving the subject ownership would be enforceable, and would likely lead to many more problems related to censorship).
- dfxm12 12y agoTypically, those people would have to give the photographer a model release for the photographer to use the photos for commercial purposes.
- rmc 12y agoAnd there's data protection law that might come into play.
- slantyyz 12y agoYou might want to check out the Desmond Howard lawsuit as a real world case of what you're describing. http://petapixel.com/2014/04/05/defendant-ends-up-owner-of-photo-after-a-counter-suit-settlement/ http://petapixel.com/2014/04/05/defendant-ends-up-owner-of-p...
- collyw 12y ago"Howard ended up counter-suing for unauthorized use of his name and likeness on a website that Masck used to sell products". Similar, but he wasn't suing over the copyright to the photo.
- deleted 12y ago[deleted]
- trhway 12y agowho is the legal guardian of these monkeys? Indonesian government i guess - the same way if the selfie was taken by say an orphan toddler. So i'd guess the Indonesian government has the claim here.
- rmc 12y agoPretty sure monkeys don't have legal guardians in the same way human children do.