Inventive Law Inc.
  • mail@inventive.law
  • Home
  • Services
  • Attorneys
  • Resources
  • Contact
  • Clients
    • Make A Payment

Major Copyright Rules Revision [2014]

icon7

The Case of the Monkey Photographer

Back in 2011, photographer David Slater found himself in a national park in North Sulawesi, Indonesia, taking pictures of critically endangered crested black macaque monkeys. After taking some pictures of the monkeys, Slater set his camera down, where one of the monkeys picked it up. The monkey then began taking hundreds of pictures. Although most of the pictures were out of focus, a few turned out to be quite impressive, like the selfie you see below.

Source: http://blawgit.com/2014/08/22/who-owns-the-copyright-on-a-photograph-taken-by-a-monkey/

The Caters News Agency claimed copyright in the photos, but critics questioned how anyone could claim copyright in photos taken by monkeys.

Copyright Law

As soon as a copyrightable work is fixed in a tangible medium i.e.(written down on paper, filmed, recorded, etc.), the copyright immediately becomes the property of its author. If an individual creates a work outside of any contractual or employment obligation, the individual is the author. If an individual creates a work as part of an employment obligation or as a “work for hire” the employer is the author. An author can assign the copyright in the work to a third party. In such a case, the third party would own the copyright, but the authorship would not change. But since a monkey cannot contract, a monkey cannot be either an employer or an assignor, and there are no laws or legal cases in the United States addressing whether a monkey can be an author of a copyrightable work.

The Controversy

A user posted several of the images taken by the monkeys to Wikimedia Commons, a media file repository for public domain and freely-licensed educational media content. Slater provided Wikimedia with a takedown request for the images, claiming the images were copyrighted. Wikimedia denied the takedown request, taking the position that Slater did not own the copyright in the images.

A Copyright Rules Revision

Last week there was no clear rule as to whether a work created by a non-human animal could be copyrighted. This week there is. Or at least there may be. On Tuesday, the Copyright Office released a draft of its first major revision of its practices in more than twenty years. Buried within the 1,200 pages of administrative practices is a statement that “The Office will not register works produced by nature, animals, or plants. Likewise, the Office cannot register a work purportedly created by divine or supernatural beings, although the Office may register a work where the application or the deposit copy state that the work was inspired by a divine spirit.” This seems to settle the matter, at least for now.

But…

While the new proposed administrative rules seem to settle the matter, there are still several outstanding considerations. First, the proposed rules may be revised before they are adopted. It the adopted rules do not include the prohibition on copyright registration for works produced by animals, we will be back to square one. Second, Congress could act to revise the Copyright Law to allow the registration of animal produced works, which would trump the Copyright Office’s administrative procedures. Third, a court could rule the administrative rules invalid on constitutional or other grounds. Fourth, while the new proposed rules appear to settle the issue in the United States, the issue is still unsettled in most other countries. If some countries decide to allow copyright in animal produced works, while others do not, we could end up with a menagerie of worldwide copyright laws.

Brett Trout

Read full article HERE | SOURCE: BlawgIT (Brett J. Trout, P.C.)

Nissan, Honda, Toyota | Auto Patents Google & Rockstar Patent War is Finally Over

Related Posts

Ralph Lauren in a Trademark Dispute With U.S. Polo Assn.

News & Updates

Ralph Lauren in a Trademark Dispute With U.S. Polo Assn.

Google’s New Program Aimed at Squashing Patent Trolls

News & Updates

Google’s New Program Aimed at Squashing Patent Trolls

Notifications About Patent Applications via USPTO’s Email Alerts

News & Updates

Notifications About Patent Applications via USPTO’s Email Alerts

Read More:

  • Ralph Lauren in a Trademark Dispute With U.S. Polo Assn.
  • Google’s New Program Aimed at Squashing Patent Trolls
  • Notifications About Patent Applications via USPTO’s Email Alerts
  • All Stories
  • Apple’s Back With Another Patent: Hand Gestures
  • Relying on Own Research Might Not be a Good Idea for Inventors
  • What if the Internet Was Patented?
  • A Photographer’s Fight Against a Dumb Patent
  • The Story of One of the Most Prolific Inventors in History
  • John Deere’s New Patents Reveal Farming Innovations
Inventive Law Inc.
© Inventive Law Inc. 2023

Home of INVENTIVE® and INVENTIVE LAW® Legal Services

Privacy Policy | Site Map

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Cookie settingsACCEPT
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
SAVE & ACCEPT