Mr. XYZ is a professional photographer hired by the tv channel Nature & Discovery to capture the movement of various animals in the jungle and create documentary. Mr. XYZ fixed his camera in different parts of the ju

CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · December 2019
Mr. XYZ is a professional photographer hired by the tv channel Nature & Discovery to capture the movement of various animals in the jungle and create documentary. Mr. XYZ fixed his camera in different parts of the jungle for 24 x 7 hours. On the fourth day when he returns back to the place of camera, he discovers that his cameras are uprooted from their places. On search he discovers various selfies of the monkeys on his camera. He takes the credit for the monkey selfie and publishes it across the globe. He is highly appreciated for the photo. PETA, an NGO files case against him alleging that it is not his copyright work, but of the moneys, as they clicked the photos by themselves. Decide the fate of copyright authorship and ownership in the given case with proper justifications.

Answer & Explanation:

Copyright authorship and ownership is dependent on the fact and circumstance of the situation. The major issue in the given case is whether the animal's intellectual creativity can be a matter of copyright protection. The Intellectual Protection Rights jurisprudence right from the inception takes into consideration the intelligence of human beings only and therefore all Intellectual Protection Rights concepts are built and explored for the enjoyment of human beings. From the national and international perspective, the concept has been discussed from human angle only. Therefore, animal can't claim the copyright protection over the creative work. Further, in the case of Naruto v. Slater, No. 16-15469 (9th Cir. 2018) , the Ninth Circuit affirmed that the monkey lacked statutory standing because the Copyright Act does not expressly authorize animals to file copyright infringement suits.

Topics: Copyright

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