Poll: That Monkey Selfie

Bundle in the jungle

  • Copyright of Monkey

    Votes: 110 31.6%
  • Copyright of Dave

    Votes: 139 39.9%
  • Don't give a monkey's

    Votes: 99 28.4%

  • Total voters
    348
Soldato
Joined
22 Oct 2004
Posts
9,086
Location
Berkland
So, hopefully everyone has seen in the news the fight between wikimedia and the chap who 'was involved' in the monkey taking a picture of itself...

http://www.telegraph.co.uk/technolo...efuses-to-delete-photo-as-monkey-owns-it.html

Wikimedia, the non-profit organisation behind Wikipedia, has refused a photographer’s repeated requests to stop distributing his most famous shot for free – because a monkey pressed the shutter button and should own the copyright

Now, I can't make my mind up on this, so I thought I would do a post and run. Can OcUK make my mind up for me? Can a Mod put a vote option on this with the options of 'Copyright of Money' and 'Copyright of Dave'?

Thanks

Picture of said monkey...

monkeycopyright.jpg
 
Last edited:
Did the monkey sign a contract stating that by using the provided equipment he gives up his claim to copyright? If not then monkey wins!
 
I thought the argument of wikimedia is that no one owns the copyright and therefore it falls into public domain, as under US law only a human may hold copyright.

Not sure why they only seem to think US law applies, surely the law of wherever the photo was taken should apply?
 
Only humans can hold a copyright and the copyright goes to the person taking the picture, which is why wikipedia are saying no one holds the copyright.

Photographer is saying he tracked the monkey for weeks, got friendly enough to get close enough and he set up the camera. He was also saying what's stopping him using the monkey as his helper for his picture.

I personally think that the photographer was out to take the photograph with the monkey and put enough into the creation of the photo for him to hold the copyright.

MW
 
I suspect the claim that the Monkey owns it is a bit tongue in cheek.

However, I think its perfectly acceptable to claim it as public domain, as I cannot see how the photographer can stake a valid claim to it himself?
 
Does this mean that if you use a self timer on the camera you don't own the copyright?

What about a camera programmed to take photos at random intervals?
 
I believe it is the person who sets up the shot is the one who gets copyright. So if you set up a group photo, ask a passer by to push the button so you can also be in the photo, the copyright doesn't suddenly belong to the random passer by.

So really it's an argument of did the photographer set up the photo and the monkey just ended up pushing the button.
 
Only humans can hold a copyright and the copyright goes to the person taking the picture, which is why wikipedia are saying no one holds the copyright.

Photographer is saying he tracked the monkey for weeks, got friendly enough to get close enough and he set up the camera. He was also saying what's stopping him using the monkey as his helper for his picture.

I personally think that the photographer was out to take the photograph with the monkey and put enough into the creation of the photo for him to hold the copyright.

MW
Thats a good point actually. So he can just claim that the monkey was employed by him (bananas, I hear they are a good form of payment to these dudes) and therefore claim copyright of him?

So, if I gave a camera to someone to get them to take a picture of me floating, the copyright is mine, or the chap who took it?
 
I am leaning towards Dave being the copyright holder but whatever, the pic always makes me smile :D
 
He can't be running a very good business if he's based it on one photo and without it it's dying.
 
"I made £2,000 [for that picture] in the first year after it was taken. After it went on Wikipedia all interest in buying it went.

"It's hard to put a figure on it but I reckon I've lost £10,000 or more in income. It's killing my business."

His entire business is based around a single photo of a monkey? :confused:
 
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