Copyright protection for monkey selfie?

The selfie of the macaque Naruto has been circulating on the internet for some time and has not only delighted social media users. The animal welfare organization Peta also became aware of the monkey selfie and is disputing before a US court the recognition of copyright for the macaque.

Who is the author of the monkey selfie

This decision was contradicted not only by Slater, but also by the animal welfare organization Peta, which also filed a lawsuit in the name of the monkey before a US court. The copyright to the monkey selfie belonged to the monkey. The monkey had taken the photo deliberately and with full intent.

In the first instance, the US court rejected the action for recognition of copyright for Naruto. An extension of copyright to animals is not apparent, and therefore Naruto cannot be the author of the photo. Since Slater is also not the author of the photo, anyone can freely publish the photo.

Peta filed an appeal against the judgment. A judgment is still pending.

No protection under German law

Under German law, copyright belongs to the creator of the work, whereby only personal intellectual creations are protected. However, these can only originate from a human being. However, the copyright of Slater is not entirely excluded, provided that all essential recording conditions were actually conclusively determined by him in advance.