Those Smiling Monkey Pictures Are Likely Public Domain

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We can all breathe a sigh of relief as those macaque monkey pictures may belong in the public domain. Neither the photographer nor the news agency that published the images can claim a copyright because they did not create them.

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According to some research by TechDirt, only works created by a human author are copyrightable. Straight from the US Copyright office:

503.03(a) Works-not originated by a human author.

In order to be entitled to copyright registration, a work must be the product of human authorship. Works produced by mechanical processes or random selection without any contribution by a human author are not registrable. Thus, a linoleum floor covering featuring a multicolored pebble design which was produced by a mechanical process in unrepeatable, random patterns, is not registrable. Similarly, a work owing its form to the forces of nature and lacking human authorship is not registrable; thus, for example, a piece of driftwood even if polished and mounted is not registrable

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If the photographer David Slater or Caters News Agency wants to press the issue, they can take this matter to court and let a judge decide. But this little snippet from the Copyright rules suggests they may be fighting an uphill battle. [TechDirt Via BoingBoing]


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