On April 13, 2018, the Ninth Circuit Court of Appeals affirmed the dismissal of a copyright infringement lawsuit brought on behalf of a very dexterous monkey, Naruto, that managed to take selfies with an unattended camera belonging to wildlife photographer David Slater. Mr. Slater published the monkey selfies in his book, identifying himself as the copyright owner while admitting that Naruto took the photographs. People for the Ethical Treatment of Animals (PETA) sued Mr. Slater for copyright infringement on behalf of Naruto as its “next friend.” Naruto v. Slater, No. 16-15469, D.C. No. 3:15-cv-04324-WHO.
In affirming the dismissal of the lawsuit, the Ninth Circuit made several rulings of interest:
- PETA did not have standing to sue as Naruto’s “next friend” because they did not claim to have a relationship with Naruto that was “any more significant than its relationship with any other animal” and because the court declined to recognize the right of next friends to bring suits on behalf of animals.
- The Ninth Circuit, in its discretion, chose to proceed with the appeal after PETA advised the court that the case “settled” – although Naruto was not part of the settlement – when Mr. Slater agreed to pay a quarter of his earnings from the monkey selfie book to...
