PETA announced on Monday that it has settled a copyright lawsuit over its unusual claim that a monkey named Naruto owned the copyright to a toothy selfie that went viral.
The People for the Ethical Treatment of Animals agreed to dismiss its copyright lawsuit against wildlife photographer David Slater, which claimed that Naruto — and all animals — can own a copyright in a photograph or other creative work.
In exchange for the dismissal of the lawsuit, Slater agreed to donate 25 percent of future gross revenue from the so-called Monkey Selfie photographs to organizations that protect Naruto and his fellow Sulawesi crested macaque monkeys in their native Indonesia.
The dispute arose when Naruto took a few selfies of himself looking directly into Slater’s unattended camera with a huge grin in 2011. Slater claimed he owned the copyright in the photo because the monkey used his camera, and because Slater had set up the shot for the monkey to take.
The heart of the case was whether an animal can be an “author” of a work and hold the right to sue — called “standing” — for infringement under the U.S. Copyright Act. PETA sued using the monkey’s name, resulting in the name Naruto v. Slater.
PETA appeared likely to lose its case if it did not settle. During oral arguments before the U.S. Court of Appeals for the Ninth Circuit in July, the three-judge panel expressed skepticism about PETA’s argument that an animal can be a copyright owner.
“Can you point to a U.S. Supreme Court holding that says “man and monkey are the same?” Judge Carlos T. Bea asked David Schwarz, a lawyer for the PETA.
Bea noted that the law only mentions a “person” having right to sue for copyright infringement.
Andrew J. Dhuey, Slater’s lawyer, blasted PETA’s lawsuit as frivolous.
“Monkey see, monkey sue will not do in federal court,” Dhuey told the judges. “It makes no sense to allow a monkey to sue for copyright infringement.”
The case became so disputed that Wikipedia now has an entry called “monkey selfie” detailing the saga. And the U.S. Copyright Office amended its online guide on what isn’t copyrightable, and now lists a work by a “monkey” as not copyrightable.
The 9th Circuit previously ruled that whales and other ocean creatures cannot sue for oceanic violations of environmental laws in Cetacean v. Bush. That decision probably doomed Naruto’s case.
All 9 'Planet of the Apes' Movies Ranked, Including 'War for the Planet of the Apes' (Photos)
With "War for the Planet of the Apes," we're nine movies deep in a franchise that is just under 50 years old, making it a staple of pop culture for even longer than "Star Wars." And to celebrate its shockingly long lifespan and the release of a new entry, we're going to rank all the "Planet of the Apes" movies.
9. "Planet of the Apes" (2001)
Tim Burton's attempt at a franchise reboot is not really the total disaster we kind of collectively think it is now, but it is two hours of "I'm not sure why this exists." It's a weird reinterpretation of the original with a couple new twists that are there for the sake of having twists -- and neither are satisfying. That ape makeup work is something else, though.
8. "Battle for the Planet of the Apes" (1973)
Every single one of the original "Apes" movies will always hold a special place in my heart, but the ever-decreasing budgets on these movies really took its toll by the time filmmakers got to the fifth one.
7. "Conquest of the Battle of the Apes" (1972)
For those of us who live in Los Angeles, we greatly appreciate "Conquest" for the sequence in which Caesar leads his ape uprising through Century City. On the other hand, they simply did not have the money to make said ape uprising as awesome and epic as we would have wanted.
6. "War for the Planet of the Apes" (2017)
Every individual element of "War" is great, but they never really congeal into a coherent whole, frustratingly. The multiple subtle nods to the originals are a nice touch, though.
5. "Beneath the Planet of the Apes" (1970)
Charlton Heston's reduced role in the first "Apes" sequel leaves it feeling a bit disjointed, but the thing is absolutely hypnotic anyway. It's a marvelously weird experience.
4. "Rise of the Planet of the Apes" (2011)
There's really no reason to think that this reboot -- which amounts largely to James Franco raising his ape son for two hours -- would be as substantial as it is. And yet every time I watch it I'm shocked by just how excellent it really is.
3. "Planet of the Apes" (1968)
What can I say about the original classic that hasn't already been said? It's the standard by which we judge so many modern things.
2. "Escape from the Planet of the Apes" (1971)
You'd think "Cornelius and Zira hang out with humans in the '70s" would be a jump-the-shark creative choice (and probably many people do hold that opinion), but for my money "Escape" is easily the most delightful entry in the entire franchise.
1. "Dawn of the Planet of the Apes" (2014)
As much as I love the "Apes" franchise, I would never have considered calling any of these movies perfect before I saw "Dawn." That's not to say I think "Dawn" is a perfect movie, but I do consider the possibility with surprising regularity.
1 of 10
TheWrap looks back on 49 years of “Apes” movies
With "War for the Planet of the Apes," we're nine movies deep in a franchise that is just under 50 years old, making it a staple of pop culture for even longer than "Star Wars." And to celebrate its shockingly long lifespan and the release of a new entry, we're going to rank all the "Planet of the Apes" movies.
