Gloucestershire based photographer David Slater was in Indonesia in 2011 taking wildlife photographs of a crested black macaque, when he decided to test the monkey’s innate curiosity.
He set up the camera and stepped away, leaving the trigger behind.
As it happens the monkey turned out to be a competent photographer, and there were many fantastic ‘selfies’, including one which appeared to show the macaque as grinning. This went viral and Mr Slater and the selfie received a considerable amount of media attention, appearing on websites, and in newspapers and television shows.
However, Mr Slater is now in dispute with Wikipedia, after they added the famous photograph to its database of online images, which are royalty free. Mr Slater has objected to this, claiming that he has the rights to the image and they are infringing his copyright. He is obviously concerned about the loss of royalties he would otherwise earn.
The Copyright Designs and Patents Act 1988 (CDPA) provides that a photographer will own the copyright on any photos he has taken, unless it is taken by an employee of a business for which the photos are taken, or if there is an agreement that assigns the copyright to another party.
However, Wikipedia are disputing the fact that Mr Slater is the photographer. They point out that the photographer was in fact the monkey, but as copyright cannot vest in a non-human, the photo falls into the public domain. Naturally, Mr Slater does not accept this, and cites the fact that he played a substantial part in setting up the photograph. However, Wikipedia are refusing to remove the image from its database.
It is unclear if this matter will ever be decided before the courts, but gives rise to a number of interesting legal points. For example, if the monkey does not own the copyright then who does, and does the issue fall under UK, US or indeed Indonesian law?
Our legal experts have been busy sharing valuable expertise in their first series of free webinars for employers, and businesses across the county who missed the live events can now…
The Coronavirus Business Interruption Loan Scheme (CBILS) has thrown a much-needed lifeline to businesses experiencing cashflow difficulties as a result of the coronavirus outbreak. 17 December 2020 Today, Rishi Sunak…
The global outbreak of coronavirus (COVID-19) and the government’s resulting emergency measures have had severe implications for many businesses. Read on for answers to some frequently-asked questions on corporate &…
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 cookies.
This website uses cookies to improve your experience while you navigate through our website. Out of these cookies, the cookies that are categorised 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 analyse and understand how you use our 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 it may affect your browsing experience on our website. You can find our cookie policy here.
Necessary cookies are absolutely essential for our website to function and enable core functionality such as security and accessibility. These cookies do not store any personal information. You can block these cookies by changing your browser settings, but this may affect how the website functions.
We use performance cookies such as Google Analytics to help us count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. The cookies collect information in a way that does not directly identify anyone. For more information on how these cookies work, please see our cookie policy.