An unusual dispute has blown up between Wikimedia and a professional wildlife photographer over the ownership of copyright in a photograph of a macaque monkey which the photographer asked Wikimedia to take down from its website on copyright grounds. Wikimedia has refused.
Why? For Wikimedia, the photographer has no right to copyright protection because the photograph in question although an original and creative work taken with the photographer’s camera was not taken by his hand.
Rather, it appears that the photographer and artist in this case was the cheeky monkey itself which borrowed the camera while the professional was otherwise occupied and took a small portfolio of pictures including the rather handsome selfie.
Without going into the various legal arguments which might be raised by the parties in this matter depending on whether the case were to be brought under UK or US copyright law, one thing is certain. The monkey, although now a global celebrity, is unlikely to benefit from his work and fame.
The lesson: if you or your business are creating or commissioning any intellectual property works, don’t monkey about - take advice on how best to protect your rights.
For further information on how to protect your rights call our Corporate and Commerical team on the number above or fill in our online enquiry form.
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