NARUTO, a Crested Macaque, by and through his Next Friends, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., and ANTJE ENGELHARDT, Ph.D. Plaintiff, v. DAVID JOHN SLATER, an individual, BLURB, INC., a Delaware corporation, and WILDLIFE PERSONALITIES, LTD., a United Kingdom private limited company, Defendants.

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Case Citation:  15-cv-4324 Year Case Filed:  2015 Jurisdiction Level:  Federal Case File Num:  15-cv-4324 Drafting Attorney:  Casey Hultin (Irell and
Summary: This complaint addresses what has come to be known as the "Monkey Selfie" case. People for the Ethical Treatment of Animals, Inc. (PETA) and Antje Engelhardt, Ph.D., as Plaintiff's next friends, filed this lawsuit on behalf of Plaintiff Naruto, a six-year-old male member of the Macaca nigra species (also known as a crested macaque) who lives in the Tangkoko Reserve on the island of Sulawesi, Indonesia. In 2011, Naruto took a number of photographs of himself, including one that became famous as the “Monkey Selfie.” In 2014, Defendant Slater and Defendant Blurb, Inc. published and sold a book in the United States that contained copies of the Monkey Selfies and stated in that book that Slater and Defendant Wildlife Personalities, Ltd. are the copyright owners of the Monkey Selfies. In this complaint, PETA contends that the Monkey Selfies "resulted from a series of purposeful and voluntary actions by Naruto, unaided by Slater, resulting in original works of authorship not by Slater, but by Naruto." Thus, according to PETA, Naruto has rights to the Monkey Selfies and owns that copyright. PETA observes that "while the claim of authorship by species other than homo sapiens may be novel, 'authorship' under the Copyright Act, 17 U.S.C. § 101 et seq., is sufficiently broad so as to permit the protections of the law to extend to any original work, including those created by Naruto." As a result, PETA argues that Naruto should be afforded the protection of a claim of ownership, and the right to recover damages and other relief for copyright infringement. PETA also seeks to enjoin and restrain Defendants from copying, licensing, or distributing the Monkey Selfies and claims damages on behalf of Naruto for the unauthorized use of the pictures.
Documents:  PDF icon PETA_ monkey_selfie 2015.pdf (1.26 MB)
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