DAVE ROSS

There is an Indonesian monkey who needs a good attorney

Aug 11, 2014, 8:57 AM | Updated: 12:56 pm

By law it's the human who presses the button who gets the copyright. (Photo from the camera of David Slater via Wikimedia.org)

(Photo from the camera of David Slater via Wikimedia.org)

Photo: Selfies in the news

Three years ago, British photographer David Slater was on a guided tour of an Indonesian forest when he experienced what I assume is every Indonesian tourists dream: a close encounter with a crested black macaque.

The encounter was so close that when Slater walked away from his tripod, the macaque grabbed the camera, and accidentally took the first macaque selfie in history. It was spectacular.

Slater claimed a copyright, but it went viral and ended up available for free on Wikimedia which has refused to take it down. And so despite millions of repostings, Slater hasn’t made a dime.

According to Rhett Barney, an intellectual property attorney with the law firm of Lee & Hayes, the law is clear.

“The copyright laws in the U.S. as well as the United Kingdom, where the photographer is from and Indonesia where the monkey was located, specifically require a human, a person, be the one who takes the photo in order to gain copyright,” Barney said.

So by law it’s the human who presses the button who gets the copyright. But that would mean this isn’t the only selfie that’s on shaky ground – what about the famous group selfie Ellen DeGeneres took at the Oscars?

“The debate there is – well, that’s Ellen’s phone. But it was Bradley Cooper that snapped the photo. So Bradley Cooper is the one that pushed that button, he owns the selfie,” said Barney.

Although, being that in his latest movie, “Guardians of the Galaxy,” Bradley Cooper plays a raccoon – maybe not.

Listen to the full interview on the ROSSFIRE podcast.

Dave's Commentary

Dave Ross on KIRO Newsradio 97.3 FM
  • listen to dave rossTune in to KIRO Newsradio weekdays at 5am for Dave Ross on Seattle's Morning News.

Dave Ross

drivers data insurance...

Dave Ross

Ross: As cars release driving data to insurance, is your driving my business?

Every move you make, every swerve you take, every lane change you fake – someone’s watching you. Do drivers have a right to keep driving data private?

17 hours ago

rent control...

Dave Ross

Ross: Rent control was never the answer in Wash.

The rent control bill died in the Washington State Legislature this week, even though Democrats control both houses.

21 days ago

end of democracy...

Dave Ross

Ross: Conservative activist earns applause for pledging an ‘end of Democracy’

The theme from Jack Posobiec's speech is that Jan. 6 was a righteous attack not on democracy, but on those who threaten democracy.

22 days ago

Image: Rep. Lauren Boebert, R-Colorado, is seen on Capitol Hill on Jan. 6, 2023. (Photo: Alex Brand...

Dave Ross

Ross: Voters can help cull bad politicians from the herd early

Let's remember that just about every occupant of a higher office once occupied a lower office, and was put there by us, Dave Ross says.

29 days ago

Super Bowl celebration...

Dave Ross

Ross: The NFL does it again

The NFL once again put on a show that was able to keep me tuned in for four hours even though I had no stake in either team.

1 month ago

social media...

Dave Ross

Ross: Is the Wild West of social media over after Senate hearing?

The original social media business model was genius -- get ordinary people to create content for free, sell ads and give the content creators a cut.

2 months ago

There is an Indonesian monkey who needs a good attorney