Wikimedia screenshot by Chris Matyszczyk/CNET

Can animals own the copyright to their selfies?

That's now up to a federal appeals court to decide.

On Wednesday, the 9th US Circuit Court of Appeals questioned lawyers in a 2015 case surrounding a macaque monkey named Naruto who took selfies using British nature photographer David Slater's camera during a 2011 trip to Indonesia. PETA sued Slater and self-publishing company Blurb, arguing the monkey owned the copyright to the photos. It wants to administer all proceeds for the benefit of the monkey.

Slater says the copyright for the photos, which are held by his company Wildlife Personalities, should be honored worldwide.

Last year, a federal judge ruled that the monkey didn't own the copyright to the photos. Now, a three-judge panel in San Francisco is asking PETA's attorney why the group should represent the monkey's interests.

Attorney Angela Dunning, who represents Blurb, said they're not concerned about the case being retried, and that they feel optimistic. She said the court made it clear that it was going to either affirm the district court's dismiss order or vacate its decision and dismiss on the grounds that PETA can't serve as a next friend.

"We'd like for the case to be over at this point," Dunning said.

PETA general counsel Jeff Kerr said the law makes it clear that the copyright belongs to the author, who in this case was Naruto.

"If this was any other photographer, there would be no question about entitlement to copyright," Kerr said. "There's no valid reason to exclude Naruto from copyright simply because he's not a human being."

Update, July 13 at 9:55 a.m. PT: Adds comment from Jeff Kerr.

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WHAT OTHERS ARE CLICKING ON:
• $110K REWARD FOR INFO ON POKEMON GO KILLING</s>Attorney Andrew Dhuey, from left, representing photographer�David�Slater, attorney Angela Dunning, representing Blurb, a San Francisco-based self-publishing company, and Trevor Cooper, Legal Counsel at Blurb, speak to reporters outside of the 9th U.S. Circuit Court of Appeals in San Francisco, Wednesday, July 12, 2017. Attorneys for Slater, a wildlife photographer whose camera was used by a monkey to snap selfies, asked a federal appeals court to end a lawsuit seeking to give the animal rights to the photos. People for the Ethical Treatment of Animals sought a court order in 2015 allowing it to administer all proceeds from the photos to benefit the monkey. (AP Photo/Jeff Chiu)</s>SAN FRANCISCO (AP) — The battle over now-famous selfie photographs taken by a macaque monkey will head back to federal court.

The U.S. Court of Appeals for the Ninth Circuit in San Francisco on Wednesday will hear arguments on whether an animal can own the copyright to a photograph. The proceedings will be broadcast online.

A federal judge last year ruled that the monkey cannot be declared the photos’ copyright owner, saying that while Congress and the president can extend the protection of law to animals as well as humans, there is no indication that they did so in the Copyright Act.

The lawsuit filed in 2015 by People for the Ethical Treatment of Animals sought a court order allowing PETA to administer all proceeds from the photos for the benefit of the monkey, which it identified as Naruto, a free-living crested macaque from Indonesia.

PETA says Naruto has been accustomed to cameras throughout his life and took the selfies when he saw himself in the reflection of the lens. The animal rights organizations says the monkey drew the connection between pressing the shutter release and the change in his reflection, and made different facial expressions while pressing the shutter release.

The photos of the monkey of a toothy grin were taken in 2011 in Sulawesi, Indonesia with an unattended camera owned by British nature photographer David Slater.

Slater says the British copyright obtained for the photos by his company, Wildlife Personalities Ltd., should be honored worldwide

PETA sued Slater and his San Francisco-based self-publishing company Blurb, which published a book called “Wildlife Personalities” that includes the “monkey selfie” photos.

If successful, this will be the first time that an animal is declared the owner of property, instead of being declared a piece of property himself, PETA attorney Jeffrey Kerr said.

“When science and technology advance, the law adapts,” Kerr said. “There is nothing in the Copyright Act limiting ownership based on species, and PETA is asking for an interpretation of the act that acknowledges today’s scientific consensus that macaque monkeys can create an original work.”

© Copyright 2017 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.</s>SAN FRANCISCO (KRON) — A 35-year-old man shot and killed in San Francisco’s Mission District early Monday morning has been identified as Jesus Sandoval of San Francisco, according to the medical examiner’s office.

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WHAT OTHERS ARE CLICKING ON:
• $110K REWARD FOR INFO ON POKEMON GO KILLING</s>Airs Monday, July 17, 2017, at 1 p.m. The San Francisco Symphony continues its season of broadcast concerts as Music Director Michael Tilson Thomas is joined by soprano Susanna Phillips for Samuel Barber's Knoxville: Summer of 1915, Opus 24. The concert will open with Dispatches by Ted Herne and we'll also feature the Pathétique symphony by Tchaikovsky and the Symphony No. 7 by Sibelius.</s>SAN FRANCISCO – A curious monkey with a toothy grin and a knack for pressing a camera button was back in the spotlight Wednesday as a federal appeals court heard arguments on whether an animal can hold a copyright to selfie photos.

A 45-minute hearing before a three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco attracted crowds of law students and curious citizens who often burst into laughter. The federal judges also chuckled at times at the novelty of the case, which involves a monkey in another country that is unaware of the fuss.

Andrew Dhuey, attorney for British nature photographer David Slater, said “monkey see, monkey sue” is not good law under any federal act.

Naruto is a free-living crested macaque who snapped perfectly framed selfies in 2011 that would make even the Kardashians proud.

People for the Ethical Treatment of Animals sued Slater and the San Francisco-based self-publishing company Blurb, which published a book called “Wildlife Personalities” that includes the monkey selfies, for copyright infringement. It sought a court order in 2015 allowing it to administer all proceeds from the photos taken in a wildlife reserve in Sulawesi, Indonesia to benefit the monkey.

Slater says the British copyright for the photos obtained by his company, Wildlife Personalities Ltd., should be honored.

PETA attorney David Schwarz argued that Naruto was accustomed to cameras and took the selfies when he saw himself in the reflection of the lens.

A federal judge ruled against PETA and the monkey last year, saying he lacked the right to sue because there was no indication that Congress intended to extend copyright protection to animals.

Throughout Wednesday’s hearing, Schwarz pushed back, arguing that the case came down to one simple fact: photographs can be copyrighted and Naruto is the author.

“We have to look at the word `authorship’ in the broadest sense,” he said.

The judges grilled him on why PETA has status to represent Naruto and said that “having genuine care for the animal” isn’t enough to establish “next friend” relationship, which is required to represent the monkey in court.

The judges did not issue a ruling Wednesday.

Angela Dunning, an attorney for Blurb, wondered at the possibilities if they do not prevail.

“Where does it end? If a monkey can sue for copyright infringement, what else can a monkey do?” she said after the hearing.

PETA’s general counsel Jeff Kerr said after the hearing that the group plans to use money from the photos to protect monkey habitats and help people study the monkeys.

“PETA is clearly representing Naruto’s best interests,” he said.

Dhuey said the legal antics were more of a publicity stunt by PETA than a lawsuit. He quipped after the hearing that Naruto made a tactical mistake by not appearing in court.

“It’s like he doesn’t even care,” he said before walking away from cameras.</s>As reported by the San Francisco Chronicle:

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That’s about the same amount as the budget for the state of Delaware, which has a population of 945,000 (100,000 more than San Francisco’s).

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The average salary (excluding benefits) per city employee is $83,227.14. A recent study found you need an estimated $110,357 salary to live comfortably in San Francisco. …</s>SAN FRANCISCO | A curious monkey with a toothy grin and a knack for pressing a camera button was back in the spotlight Wednesday as a federal appeals court heard arguments on whether an animal can hold a copyright to selfie photos.

A 45-minute hearing before a three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco attracted crowds of law students and curious citizens who often burst into laughter. The federal judges also chuckled at times at the novelty of the case, which involves a monkey in another country that is unaware of the fuss.

Andrew Dhuey, attorney for British nature photographer David Slater, said “monkey see, monkey sue” is not good law under any federal act.

Jeffrey Kerr, general counsel to the People for the Ethical Treatment of Animals (PETA), speaks to reporters outside of the 9th U.S. Circuit Court of Appeals in San Francisco, Wednesday, July 12, 2017. Attorneys for David Slater, a wildlife photographer whose camera was used by a monkey to snap selfies, asked a federal appeals court to end a lawsuit seeking to give the animal rights to the photos. PETA sought a court order in 2015 allowing it to administer all proceeds from the photos to benefit the monkey. (AP Photo/Jeff Chiu) Attorney Andrew Dhuey, from left, representing photographer David Slater, attorney Angela Dunning, representing Blurb, a San Francisco-based self-publishing company, and Trevor Cooper, Legal Counsel at Blurb, speak to reporters outside of the 9th U.S. Circuit Court of Appeals in San Francisco, Wednesday, July 12, 2017. Attorneys for Slater, a wildlife photographer whose camera was used by a monkey to snap selfies, asked a federal appeals court to end a lawsuit seeking to give the animal rights to the photos. People for the Ethical Treatment of Animals sought a court order in 2015 allowing it to administer all proceeds from the photos to benefit the monkey. (AP Photo/Jeff Chiu)

Naruto is a free-living crested macaque who snapped perfectly framed selfies in 2011 that would make even the Kardashians proud.

People for the Ethical Treatment of Animals sued Slater and the San Francisco-based self-publishing company Blurb, which published a book called “Wildlife Personalities” that includes the monkey selfies, for copyright infringement. It sought a court order in 2015 allowing it to administer all proceeds from the photos taken in a wildlife reserve in Sulawesi, Indonesia to benefit the monkey.

Slater says the British copyright for the photos obtained by his company, Wildlife Personalities Ltd., should be honored.

PETA attorney David Schwarz argued that Naruto was accustomed to cameras and took the selfies when he saw himself in the reflection of the lens.

A federal judge ruled against PETA and the monkey last year, saying he lacked the right to sue because there was no indication that Congress intended to extend copyright protection to animals.

Throughout Wednesday’s hearing, Schwarz pushed back, arguing that the case came down to one simple fact: photographs can be copyrighted and Naruto is the author.

“We have to look at the word ‘authorship’ in the broadest sense,” he said.

The judges grilled him on why PETA has status to represent Naruto and said that “having genuine care for the animal” isn’t enough to establish “next friend” relationship, which is required to represent the monkey in court.

The judges did not issue a ruling Wednesday.

Angela Dunning, an attorney for Blurb, wondered at the possibilities if they do not prevail.

“Where does it end? If a monkey can sue for copyright infringement, what else can a monkey do?” she said after the hearing.

PETA’s general counsel Jeff Kerr said after the hearing that the group plans to use money from the photos to protect monkey habitats and help people study the monkeys.

“PETA is clearly representing Naruto’s best interests,” he said.

Dhuey said the legal antics were more of a publicity stunt by PETA than a lawsuit. He quipped after the hearing that Naruto made a tactical mistake by not appearing in court.

“It’s like he doesn’t even care,” he said before walking away from cameras.

Associated Press writer Janie Har also contributed to this report.</s>A Fair Credit Reporting Act case thrown out of Cole County Circuit Court following a 2016 U.S. Supreme Court ruling on standing has now been submitted to a Missouri appeals court for consideration. The suit, brought by two men applying to jobs at Wal-Mart who allege the company failed to conform to FCRA disclosure requirements in ...
The United States Court of Appeals for the Ninth Circuit in San Francisco hears a case on whether or not a Celebes crested macaque owns its selfie.