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Naruto v Slater Monkey Selfie Decision

By Barry Werbin

Here is a must-distribute 4-page brief (Naruto v. Slater dismissal brief.pdf) in support of dismissal filed by the defendant photographer Slater in the pending action brought by PETA in the N. D. Cal. on behalf of the monkey selfie "photographer." Slater originally set up the monkey to take a "selfie" and has since tried to no avail (and properly so) to enforce his claimed copyright in the resulting photo. Nevertheless, here PETA has alleged standing on behalf of the monkey, and Slater's short brief is magnificent, commencing with this opening paragraph:

"A monkey, an animal-rights organization and a primatologist walk into federal court to sue for infringement of the monkey's claimed copyright. What seems like the setup for a punchline is really happening. It should not be happening. Under Cetacean Community v. Bush, 386 F.3d 1169 (9th Cir. 2004), dismissal of this action is required for lack of standing and failure to state a claim upon which relief can be granted. Monkey see, monkey sue is not good law - at least not in the Ninth Circuit."

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This page contains a single entry from the blog posted on November 12, 2015 2:23 PM.

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