San Francisco
07 August 2017
Reporter: Barney Dixon

Photographer could get monkey off his back

The ‘monkey selfie’ lawsuit could be settling down, after a motion to stay the appeal was filed by both parties.

PETA, the next friend of Naruto the crested macaque monkey at the centre of the case, and Andrew Dhuey, attorney for David Slater, asked the court to delay making a decision in the case, pending a potential settlement.

According to the motion: “The parties have agreed on a general framework for a settlement subject to the negotiation and resolution of specific terms.”

“Given the current progress of settlement discussions, the parties are optimistic that they will be able to reach an argument that will resolve all claims in this matter.”

“Accordingly, the parties respectfully request that the court stay this action, hold the appeal in abeyance, and not issue any decision in the case for a period of 35 days to allow the parties to continue settlement discussions.”

The case hit the US Court of Appeals for the Ninth Circuit last month, with Judges Carlos Bea, Randy Norman Smith and Eduardo Robreno questioning counsel for all parties involved in the litigation.

It centres on a selfie taken by Naruto on a camera owned by Slater, who claims to own the copyright.

PETA disputed this and launched a legal battle against Slater, arguing that Naruto is the “author” of the photo and therefore entitled to the copyright.

All three judges seemed incredulous at PETA’s arguments in the case and offered sarcasm over its finer details. They focused on the withdrawal of Naruto’s original next friend, Dr Antje Engelhardt, who was said to have had a “significant relationship” with Naruto.

PETA’s initial complaint referred only to the relationship between Engelhardt and Naruto and PETA did not allege any relationship with the monkey.

More news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Countries should break IP rules to ensure growth, says report
23 February 2018 | London | Reporter: Barney Dixon
Countries such as India and China should break harmonised intellectual property rules to avoid protectionist measures from the US and EU, according to a new report from Gowling WLG
Man sentenced for fake airbag sale
23 February 2018 | London | Reporter: Barney Dixon
A man has been sentenced to 10 months in prison, suspended for 12 months, for selling counterfeit airbags
EU Copyright Directive “compromise amendments” revealed
22 February 2018 | Brussels | Reporter: Barney Dixon
EU rapporteur Axel Voss has proposed “compromise amendments” to article 13 of the EU's Copyright Directive, which would further shift the burden of responsibility for copyright infringement to internet platforms
INTA marks key 2017 achievements in annual report
21 February 2018 | New York | Reporter: Barney Dixon
INTA has highlighted its key achievements in 2017, including ever-increasing membership and a “record-breaking” annual meeting, in its 2017 annual report
UK launches trade secrets consultation
20 February 2018 | London | Reporter: Barney Dixon
The UK IPO has launched a technical consultation on the EU trade secrets directive and its implementation into UK law
BakerHostetler hires IP partner
19 February 2018 | Los Angeles | Reporter: Barney Dixon
BakerHostetler has hired Troy Schmelzer as partner in its intellectual property group
ICANN rejects .corp, .home and .mail
19 February 2018 | California | Reporter: Barney Dixon
ICANN has halted the new gTLD applications for .corp, .home and .mail and agreed to refund applicants the full fee of $185,000