Monkey Copyright

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Rob Lister
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Monkey Copyright

Post by Rob Lister » Fri Aug 22, 2014 11:14 am

The biggest overhaul of American copyright regulations in decades includes some bad news for a photographer whose camera was snatched by a monkey: Only works created by humans can be copyrighted. The US Copyright Office says photos taken by monkeys count as "unprotected intellectual property," Ars Technica finds. The office says it will not "register works produced by nature, animals, or plants. Likewise, the Office cannot register a work purportedly created by divine or supernatural beings."
http://www.newser.com/story/192825/monk ... lator.html

The following selfie is not protected.

Image

Let's change it up: If you train a monkey to use a camera, using bananas as compensation, I would think that the resulting product would constitutes a work for hire.
Nature photographer David Slater had sought to have a selfie snapped by the crested black macaque taken down from Wikimedia Commons, arguing that he had the rights to it. "A mural painted by an elephant" is another example regulators give of copyright-free intellectual property under the new rules,...
I think that if you give your elephant a paint brush then that becomes your artistic medium, and the resulting work is your intellectual property. If it isn't your elephant, tough shit.

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Re: Monkey Copyright

Post by Anaxagoras » Fri Aug 22, 2014 11:22 am

I think the owner of the camera owns it. He set up the situation. Just because he didn't push the shutter button himself doesn't mean he doesn't own it.
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Re: Monkey Copyright

Post by Rob Lister » Fri Aug 22, 2014 12:36 pm

Anaxagoras wrote:I think the owner of the camera owns it. He set up the situation. Just because he didn't push the shutter button himself doesn't mean he doesn't own it.
That's what I think too but the copyright office thinks differently. Public fucking domain, sez them.

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Re: Monkey Copyright

Post by Abdul Alhazred » Fri Aug 22, 2014 1:21 pm

I wonder what the "animal rights" folks have to say about it?

Instead of screeching about milk being rape, they should concentrate on real animal rights issues such as their intellectual property rights. :BigGrin3:
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Re: Monkey Copyright

Post by Doctor X » Fri Aug 22, 2014 2:17 pm

What does claus The True Clause of Skepticism think?

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Re: Monkey Copyright

Post by Rob Lister » Fri Aug 22, 2014 2:19 pm

Doctor X wrote:What does clause The True Clause of Skepticism think?

--J.D.
fify

I'd rather ask a priest.

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Re: Monkey Copyright

Post by Anaxagoras » Mon Aug 25, 2014 10:25 am

Is ownership of the equipment irrelevant? If I let my brother use my camera to take a picture, he owns the picture even though it's my camera?
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Re: Monkey Copyright

Post by Rob Lister » Mon Aug 25, 2014 11:12 am

Anaxagoras wrote:Is ownership of the equipment irrelevant? If I let my brother use my camera to take a picture, he owns the picture even though it's my camera?
I think so. But do you retain any rights? It's a good question.

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Re: Monkey Copyright

Post by Cool Hand » Mon Aug 25, 2014 7:36 pm

Anaxagoras wrote:Is ownership of the equipment irrelevant? If I let my brother use my camera to take a picture, he owns the picture even though it's my camera?
Irrelevant. The author of any creative work is the person who created it. In the case of a photo, that's the one who frames it and snaps the shutter. Only a person may create works within the meaning of copyright law, so animals are not recognized as authors.

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Re: Monkey Copyright

Post by Cool Hand » Mon Aug 25, 2014 7:40 pm

Rob Lister wrote:
Anaxagoras wrote:Is ownership of the equipment irrelevant? If I let my brother use my camera to take a picture, he owns the picture even though it's my camera?
I think so. But do you retain any rights? It's a good question.
No rights to the creative work. Can Anax delete it without recourse? Sure, but he can't save it and start selling copies unless his brother grants him a license to do so or transfers ownership of the rights to the photo to Anax.

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Re: Monkey Copyright

Post by Anaxagoras » Tue Aug 26, 2014 2:44 am

So I suppose that by this logic, they are correct at least according to the letter of the law.

I still feel like he should own it though because he created the situation in which the animal took the "selfie". It might not have happened of course. He got lucky. But luck that was the result of planning and effort nonetheless.
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Re: Monkey Copyright

Post by Abdul Alhazred » Tue Aug 26, 2014 9:13 am

Suppose a human who is not legally competent (such as a child) took the selfie?

The child would own the copyright even though the parent had legal control over it? Or the parents own the copyright?

Or??
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Re: Monkey Copyright

Post by Anaxagoras » Tue Aug 26, 2014 12:01 pm

Well, I'm not a lawyer of course but I think even a child could own a copyright. The legal guardian of the child might still be empowered to make legal decisions regarding the use of it, but only for the child's benefit as some kind of trustee and only until the child is 18.
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Re: Monkey Copyright

Post by Abdul Alhazred » Tue Aug 26, 2014 12:26 pm

And another thing ... what happens when the camera is "smart" enough to pass a Turing test? :BigGrin3:
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Re: Monkey Copyright

Post by Rob Lister » Tue Aug 26, 2014 1:20 pm

Abdul Alhazred wrote:And another thing ... what happens when the camera is "smart" enough to pass a Turing test? :BigGrin3:
Then it'll have a proxy human.

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Re: Monkey Copyright

Post by DrMatt » Tue Aug 26, 2014 11:24 pm

Proves that photography is an evolutonist conspiracy!!!111eleventy!!!
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Re: Monkey Copyright

Post by Abdul Alhazred » Tue Aug 26, 2014 11:44 pm

Rob Lister wrote:Then it'll have a proxy pet human.
FTFY :)
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Re: Monkey Copyright

Post by Rob Lister » Thu Jul 13, 2017 10:35 am

This case in back in the news. PETA filed suit in 2015 as Next Friend status to the monkey. The federal court ruled against PETA. Now it is before the Appeals court. Much hilarity ensued.
http://www.al.com/news/index.ssf/2017/0 ... a_mon.html
They have not yet ruled.

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Re: Monkey Copyright

Post by Pyrrho » Thu Jul 13, 2017 10:56 am

Image
The flash of light you saw in the sky was not a UFO. Swamp gas from a weather balloon was trapped in a thermal pocket and reflected the light from Venus.

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Re: Monkey Copyright

Post by Pyrrho » Thu Jul 13, 2017 10:56 am

[youtube][/youtube]
The flash of light you saw in the sky was not a UFO. Swamp gas from a weather balloon was trapped in a thermal pocket and reflected the light from Venus.