Facts

Naruto, a Crested Macaque, by and through his Next Friends, People for the Ethical Treatment of Animals Inc. and Antje Engelhardt, filed a copyright infringement claim against David Slater, Blurb Inc., and Wildlife Personalities Ltd., in relation to photograph Naruto took of himself.

PLAINTIFF'S CONTENTIONS: Naruto was a six-year-old male crested macaque who lived in the jungles of Indonesia. Naruto took a "selfie" in 2011 with defendant Slater's camera that had been left unattended. Slater then published the photographs using Blurb's online publishing service, prompting this copyright infringement lawsuit.

PETA contended that Naruto owned the rights to his selfie and that defendants infringed on this right by selling copies of his images for profit.

DEFENDANTS' CONTENTIONS: Defendants contended that animals lacked standing. Further, that intellectual rights under the Copyright Act do not extend to animals. Defendants moved to dismiss the action for failure to state a claim for relief.

Result

The court granted defendants' motion to dismiss.

Other Information

PETA settled on appeal before the Ninth Circuit Court of Appeals. The court was advised of the settlement. PETA also requested dismissal of the appeal, but the court has not acted on that request as of yet.