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by kube-system
456 days ago
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As I understand that is a misunderstanding of the case. They argued that the animal should get the copyright, and lost, because animals do not qualify. They did not establish that pressing the button is required for the human to qualify for copyright. They established that a monkey pressing the button doesn't qualify the monkey. (because the monkey never qualifies) If they would have argued that the human should have got copyright for it, they almost certainly would have agreed. It's just, that wasn't the case they put forth. |
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Section 313.2
The copyright office said that photographs taken by monkeys nor murals painted by elephants are works that may be copyrighted. This is based on Burrow-Giles Lithography vs Sarony ( https://www.law.cornell.edu/supremecourt/text/111/53 )
The issue is that the photographer / owner of the camera didn't exercise any creative control over the photograph.
> On 22 August 2014, the day after the US Copyright Office published their opinion, a spokesperson for the UK Intellectual Property Office was quoted as saying that, while animals cannot own copyright under UK law, "the question as to whether the photographer owns copyright is more complex. It depends on whether the photographer has made a creative contribution to the work and this is a decision which must be made by the courts."
https://en.wikipedia.org/wiki/Monkey_selfie_copyright_disput...
And this is a "it's complicated" and further complicated by the difference in threshold of originality with US law and sweat of the brow for UK law.