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The end of the [monkey] road. And slamming the door.

April 24, 2018

The Ninth Circuit Court of Appeals finally issued its decision in the infamous Naruto - Monkey Selfie case (see case opinion).  The Court of Appeals didn't have to issue this decision because the parties had settled (see NPR link), but it denied the parties motion to dismiss the case (see April 14 Order).

 

The Court of Appeals decided that animals -- other than humans -- do not have standing to sue for copyright infringement because they cannot own a copyright (see case opinion, at 15-18).

 

Taken to its logical conclusion, this decision means that other non-human created works are not protectable under copyright law.  For example, paintings by elephants (see Mother Nature Network article), or art created by artificial intelligence computer programs (see NewScientist article) .

 

Photo by Phil Price licensed under cc-by-sa-2.0

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