MUNDANO MAG Special English Issue | Page 21

Copyright belongs to the creator or author of an original work. That seems easy enough – but what is an author? Despite all the painting gorillas, dogs and elephants, I want to stick with photography. We tend to think of the author as the person who took the shot, who pressed the button that makes the camera go “click”. But is it that easy? Some photographers “direct” the shot while their assistants create the lighting and operate the camera and yet we agree that they maintain copyright despite their lack of button pushing. Could Mr. Slater be the director? Well no, not really. The monkey was not directed or prompted. In fact, Mr. Slater did not even know that the monkey was going to take his camera. There is no director-assistant relationship here. In some cases the camera is automatic and does all the work but the photographer uses software to manipulate the image after it has been taken – but we do not think that the camera manufacturer has copyright. But there would then be an argument for some form of artistic intent, vision, or drive of the photographer. But this cannot be done when animals take the image. While the gorillas mentioned above may appear to have a communicative process in their artwork this cannot be applied to the monkey selfie situation, as she would be unaware of the nature of photography. Obviously this is an assumption on my part but I think it’s a safe one to make. The monkey selfie series of photos were not planned or created. They appeared by accident and this means that nobody gets to claim copyright. Sure, we could be extremely generous and argue that the monkey has copyright – not all artists are aware of the greatness of their work. But then the question is how to negotiate the rights. The monkey cannot give permission for others to use the images, nor can the monkey assign a copyright organization to handle the rights. So we are left with the situation where the monkey maybe has copyright of the image but cannot give permission and therefore nobody should be able to use it. But this is moot since the monkey cannot sue abusers or take them to court. Or the photo belongs to no one and legally appears in a vacuum…and exists in the public domain. www.commonsmachinery.se/2014/08/monkeyMUNDANO mag 21