A monkey in Indonesia can not own the copyright for a famous smiling selfie he claimed in 2011, the 9th US Court of Appeals ruled Monday
The unanimous panel of three judges confirmed a lower court ruling that the Lawsuit rejected by the people for the ethical treatment of animals against a photographer whose camera was used by a crested macaque to take the photos in 2011. US copyright law does not allow lawsuits to give animals the right to photographs or other original work, the court
"We conclude that this monkey – and all animals, since they are not human – are not under the Copyright law ", it said in the judgment.
The verdict marks the latest chapter in a long-standing legal battle over the images, including a selfie of the smiling monkey who became viral.
RICHTER RULES MONKEY CAN NOT TAKE PHOTOS COPYRIGHT
"Naruto was a seven-year-old Crested Macaque who lived-and M They still live in a reserve on the island of Sulawesi, Indonesia," explained the court in his judgment. "In 2011, David Slater, a wildlife photographer, left his camera unattended in the reserve, allegedly making several photos of himself (the" Monkey Selfies ") with Slater's camera."
PETA's lawsuit against Slater in 2015 demanded the financial control of the photos in favor of Naruto.
However, the Court of Appeal ruled that PETA's claim that the organization was a guardian or "closest friend" of Naruto. "We seriously doubt that PETA can validly assert the status of a" closest friend "to represent claims made on the monkey," it says in its ruling. "PETA has failed to put forward facts to establish the required meaningful relationship between a next friend and a genuine party in the interest, and (2) because an animal can not be represented by a" closest friend "under our laws."
The ruling added that "PETA seems to use Naruto as an ignorant peasant in its ideological goals."
LAW ON RIGHTS ON MONKEY SELFIE PHOTO
PETA said that while the court affirmed these animals have the constitutional right to bring a case to federal court if they were wronged the opinion misses the point. "Naruto, the Makake, has undoubtedly taken the photos and denying him the right to sue under the US Copyright Law, emphasizing what PETA has been saying all along – that he is being discriminated only because he is a nonhuman animal." said PETA's General Counsel Jeff Kerr a statement that was sent to Fox News.
In 2016, a federal judge ruled that the macaque monkey can not be declared the originator of the photos. PETA then appealed to the 9th Circuit
Slater and PETA announced an agreement in September, in which Slater agreed to donate 25 percent of all future proceeds from the images to nonprofit organizations involved in protecting macaques in Indonesia , Lawyers then called 9th Circuit to dismiss the case
but the appeals court denied and said a ruling in this "developmental area of the law" would help guide lower courts, and substantial public funds would be spent on the case Service.  According to Kerr, Monday's ruling will not affect the settlement. "The groundbreaking solution in this case is still, and 25 percent of the gross proceeds from the photos Naruto took will support him and his community – the first time an animal receives a direct financial benefit from something he or she receives "he said in the statement to Fox News. "PETA will continue to work until the last barrier falls and the animals' fundamental rights are legally recognized, including their rights as creators."
Fox News & # 39; Bill Mears and the Associated Press have contributed to this article.
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