The Monkey Selfie: Who Owns Art Created by Nature?

Category: Copyright Ownership & Authorship

The Backstory In 2011, British nature photographer David Slater traveled to Indonesia to photograph the crested black macaque. During the shoot, a macaque named “Naruto” hijacked Slater’s camera and snapped several photos, including a now-famous, perfectly framed selfie. The image went viral globally.

The Legal Dispute When Slater tried to license the image, Wikipedia and other platforms hosted it for free, arguing that Slater didn’t take the photo—the monkey did. Since animals cannot hold copyright, they argued the image was in the public domain. PETA (People for the Ethical Treatment of Animals) then stepped in, suing Slater on behalf of Naruto, claiming the monkey should own the copyright and receive the royalties.

The Outcome The court ultimately ruled against PETA and Naruto. The judge declared that under current US law, animals cannot hold copyright protection; authorship is strictly limited to humans. However, the lengthy legal battle left Slater nearly bankrupt, despite the photo’s fame.

Key Lesson for Businesses Ownership must be clear. This case is a bizarre extreme, but the principle applies to AI and employees. If an AI generates your logo, or a freelancer takes your photos without a contract, who owns it? Copyright isn’t always automatically yours.

• How ASEAN IPR Helps: We draft airtight “Work for Hire” and assignment agreements, ensuring that every creative asset your company pays for is legally owned by you, not the creator (or a monkey).