(Translated by https://www.hiragana.jp/)
Monkey selfie copyright dispute: Difference between revisions - Wikipedia

Monkey selfie copyright dispute: Difference between revisions

Content deleted Content added
Move case infobox to the section about that case, as it is only a subset of the article's topic
OAbot (talk | contribs)
m Open access bot: hdl updated in citation with #oabot.
Line 13:
==Background==
[[File:Macaca nigra self-portrait full body.jpg|thumb|The other disputed image, a full-body "selfie"]]
Since 2008, British nature photographer David Slater had traveled to [[Indonesia]] to take photographs of the critically endangered [[Celebes crested macaque]]s. In 2011 he licensed several images to the Caters News Agency who released them, along with a written promotional press release with quotes from Slater, for publication in the British media.<ref name="newsweek wmf" >{{cite web | url = http://www.newsweek.com/lawyers-dispute-wikimedias-claims-about-monkey-selfie-copyright-265961 | title = Wikimedia says when a monkey take a selfie, no one owns it | first = Louise | last = Stewart | date = 21 August 2014 | access-date = 15 November 2017 | work = [[Newsweek]]}}</ref><ref>{{cite journal|url=https://policyreview.info/articles/analysis/monkey-selfie-copyright-lessons-originality-photographs-and-internet-jurisdiction|title=The monkey selfie: copyright lessons for originality in photographs and internet jurisdiction|first=Andrés|last=Guadamuz|date=21 March 2016|journal=Internet Policy Review|volume=5|doi=10.14763/2016.1.398|doi-access=free|hdl=10419/214004|hdl-access=free}}</ref> On 4 July 2011 several publications, including ''[[The Daily Telegraph|The Telegraph]]'' and ''[[The Guardian]]'', picked up the story and published the pictures along with articles that quoted Slater as describing the photographs as self-portraits taken by the monkeys, such as "Monkey steals camera to snap himself" (''The Telegraph''),<ref name=Telegraph_04_Jul_11>{{cite news|url=https://www.telegraph.co.uk/news/newstopics/howaboutthat/8615859/Monkey-steals-camera-to-snap-himself.html|title=Monkey steals camera to snap himself|work=The Telegraph|date=4 July 2011|access-date=4 November 2017}}</ref> and "a camera on a tripod" triggered by the monkeys (''The Guardian'').<ref>{{cite web |url=https://www.theguardian.com/world/2011/jul/04/shutter-happy-monkey-photographer |title= Shutter-happy monkey turns photographer |last=Morris |first=Steven |date=4 July 2011 |work=The Guardian |archive-url=https://web.archive.org/web/20221015170943/https://www.theguardian.com/world/2011/jul/04/shutter-happy-monkey-photographer |archive-date=15 October 2022 |url-status=live |access-date=15 October 2022}}</ref> The articles also contained Slater quotes such as "He must have taken hundreds of pictures by the time I got my camera back." The following day, ''[[Amateur Photographer]]'' reported that Slater gave them further explanation as to how the photographs were created, downplaying the way newspaper articles had described them; Slater said reports that a monkey ran off with his camera and "began taking self-portraits" were incorrect and that the portrait was shot when his camera had been mounted on a tripod, with the primates playing around with a remote cable release as he fended off other monkeys.<ref name=Amateur_Photographer_5_July_2011>{{cite news|first=Chris |last=Cheesman|url=http://www.amateurphotographer.co.uk/latest/photo-news/ape-rture-priority-photographer-plays-down-monkey-reports-16224|title=Ape-rture priority photographer plays down monkey reports|work=[[Amateur Photographer]]|date=5 July 2011|access-date=4 November 2017}}</ref>
 
Slater gave further description on his website and in other media accounts, saying he and a guide followed the monkeys for three days, gaining their trust on the second day.<ref name=DJ_Sphotography_16_Aug_2014 /> According to Slater, in his attempts to get photographs of the monkeys, he found that they were fascinated with the camera and the camera gear and kept playing with it, but they also kept trying to run off with the camera. Slater further stated in a 7 August 2014 ''Amateur Photographer'' follow-up article that "I wanted a close-up image but I couldn't do it. They were too nervous, so I had to get them [the monkeys] to come to the camera without me being there and get them to play with the release, which they did". He added: "They were looking at the reflection in the lens, which they found amusing".<ref name=Amateur_Photographer_7_August_2014>{{cite news|first=Chris |last=Cheesman|url=http://www.amateurphotographer.co.uk/latest/photo-news/photographer-goes-ape-over-monkey-selfie-who-owns-the-copyright-5054|title=Photographer goes ape over monkey selfie: Who owns the copyright?|work=[[Amateur Photographer]]|date=7 August 2014}}</ref> In an attempt to get a portrait of the monkeys' faces, Slater said he set the camera on a tripod with a large [[wide-angle lens]] attached, and set the camera's settings to optimize the chances of getting a facial close up, using [[Autofocus#AI servo|predictive autofocus]], [[Motor drive (photography)|motor drive]], and a [[Flash (photography)|flashgun]]. Slater further stated that he set the camera's [[Remote control#Photography|remote shutter trigger]] next to the camera and, while he held onto the tripod, the monkeys spent 30 minutes looking into the lens and playing with the camera gear, triggering the remote multiple times and capturing many photographs. The session ended when the "dominant male at times became over excited and eventually gave me a whack with his hand as he bounced off my back".<ref name=DJ_Sphotography_16_Aug_2014 /> Slater also said in a 28 July 2017 ''[[Vice (magazine)|Vice]]'' magazine interview that some news outlets were misreporting how he obtained the selfie, but he went along with it because it was "a bit of fun and some good publicity for the conservation cause".<ref>{{cite web|url=https://www.vice.com/en_ca/article/3knmnv/im-a-human-man-being-sued-by-a-monkey |title=I'm a Human Man Being Sued By a Monkey |last=Rafaeli |first=JS |date=29 July 2017 |publisher=[[Vice Media]] |archive-url=https://web.archive.org/web/20221015171535/https://www.vice.com/en/article/3knmnv/im-a-human-man-being-sued-by-a-monkey |archive-date=15 October 2022 |url-status=live |access-date=15 October 2022}}</ref>
Line 31:
On 22 August 2014, the day after the US Copyright Office published their opinion, a spokesperson for the UK [[Intellectual Property Office (United Kingdom)|Intellectual Property Office]] was quoted as saying that, while animals cannot own copyright under UK law, "the question as to whether the photographer owns copyright is more complex. It depends on whether the photographer has made a creative contribution to the work and this is a decision which must be made by the courts."<ref name=Guardian2014-08-22>{{cite news|url=https://www.theguardian.com/technology/2014/aug/22/monkey-business-macaque-selfie-cant-be-copyrighted-say-us-and-uk|title=Monkey business: macaque selfie can't be copyrighted, say US and UK|author=Samuel Gibbs|work=The Guardian|date=22 August 2014|access-date=16 July 2017}}</ref>
 
The British [[entertainment law|media lawyer]] Christina Michalos said that on the basis of British law on [[computer-generated art]], it is arguable that Slater may own copyrights on the photograph, because he owned and presumably had set up the camera.<ref name="ITV">{{cite news|url=http://www.itv.com/news/2014-08-06/wikipedia-refuses-to-delete-photo-as-monkey-owns-it/|title=Monkey 'selfie' picture sparks Wikipedia copyright row|date=6 August 2014|access-date=14 August 2014|url-status=live|archive-date=13 August 2014|archive-url=https://web.archive.org/web/20140813141113/http://www.itv.com/news/2014-08-06/wikipedia-refuses-to-delete-photo-as-monkey-owns-it/|publisher=[[ITV plc]]|work=[[ITV News]]}}</ref> Similarly, Serena Tierney, of London lawyers BDB, stated, "If he checked the angle of the shot, set up the equipment to produce a picture with specific light and shade effects, set the exposure or used filters or other special settings, light and that everything required is in the shot, and all the monkey contributed was to press the button, then he would seem to have a passable claim that copyright subsists in the photo in the UK and that he is the author and so first owner."<ref name="El Reg, Cracking" /> Furthermore, Andres Guadamuz, a lecturer in IP law at Sussex University, has written that existing European case law, particularly ''[[Infopaq International A/S v Danske Dagblades Forening]]'', makes it clear that the selection of photographs would be enough to warrant originality if the process reflects the personality of the photographer.<ref name=PolicyReview>{{cite journal|last1=Guadamuz|first1=Andres|title=The monkey selfie: copyright lessons for originality in photographs and internet jurisdiction|journal=Internet Policy Review|date=2016|volume=5|issue=1|doi=10.14763/2016.1.398|url=http://policyreview.info/articles/analysis/monkey-selfie-copyright-lessons-originality-photographs-and-internet-jurisdiction|doi-access=free|hdl=10419/214004|hdl-access=free}}</ref> Iain Connor, a partner in [[Pinsent Masons]], similarly said that the photographer could claim they had "put the camera in the hands of the monkey so [they had] taken some creative steps and therefore own the copyright," and that "if it's an animal that presses the button, it should be the owner of the camera that owns the copyright to that photo."<ref name=Guardian2014-08-22 />
 
== Wikimania 2014 ==