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The monkey selfie: copyright lessons for originality in photographs and internet jurisdiction

Author

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  • Guadamuz, Andrés

Abstract

In 2011, a macaque monkey used a camera belonging to British photographer David Slater in Indonesia to take a self-portrait. The selfie picture became famous worldwide after it was published in the British media. In 2014 Slater sent a removal request to Wikimedia Commons, which indicated that the picture was in the public domain because it had been taken by the monkey and animals cannot own copyright works. While most of the legal analysis so far has been centred around US law, this article takes a completely different approach. Re-assessing jurisdictional issues, I examine the case from a UK and European perspective. The monkey selfie is of importance to internet policy: it has a lot to teach us about online jurisdiction. Under current originality rules, David Slater has a good copyright claim for ownership of the picture.

Suggested Citation

  • Guadamuz, Andrés, 2016. "The monkey selfie: copyright lessons for originality in photographs and internet jurisdiction," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 5(1), pages 1-12.
    • Handle: RePEc:zbw:iprjir:214004
    DOI: 10.14763/2016.1.398
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    Cited by:

    1. Norsyazwani Mohd Ramli & Syukrina Alini Mat Ali & Noorain Mohamad Yunus & Sri Fatiany Abdul Kader Jailani & Nor Diyana Mohammed Shobri, 2024. "Exploring the Phenomenon of Selfie-Posting Behavior among Social Media Users," Information Management and Business Review, AMH International, vol. 16(1), pages 94-105.
    2. Cédric Sueur & Jessica Lombard & Olivier Capra & Benjamin Beltzung & Marie Pelé, 2024. "Exploration of the creative processes in animals, robots, and AI: who holds the authorship?," Palgrave Communications, Palgrave Macmillan, vol. 11(1), pages 1-12, December.

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