own a copyright is n’t monkey line , according to the court . Almost five years after PETA ( People for the Ethical Treatment of Animals ) file a Union suit to give an endangered monkey the copyright for his viral selfies , U.S. District Judge William Orrick sink the issue — at least for now . The California judge tentatively ruled on Wednesday that , under the current jurisprudence , animals can not defy a right of first publication , though the security could be cover to animals in the future .

The story of the famous selfies began in 2011 , when photographer David Slater traveled to Indonesia and set up his camera on a tripod , hope a monkey might stop by tosnap a few photos . One distaff macaque did , and Slater distributed the picture as what he promise " monkey selfies . " Wikipedia finally put up the pictures on the dry land that the images were in the public domain ; the scamp was the creator of the images and animals ca n’t hold copyright , so by their logical thinking , the images were copyright - loose . The U.S. copyright federal agency agreed , saying in a 2014 reportthat " The Office will not register work give rise by nature , animals , or plant " and that the prototype was in the public domain .

Still , Slater continue to lay claim that the British copyright have by his company , Wildlife Personalities Ltd. , should be upheld around the world . The photographer even sell signed mark of the portrait online .

Wikimedia Commons // Public Domain

While this should have been the end of the laughable altercation , animal activists stepped in and argue that the primatedid in fact confine the copyright . Claiming to represent the 6 - year - old monkey , Naruto , PETA filed a cause against Slater and his ego - publishing program , Blurb .

PETA ’s lawyers insisted that copyright law does not explicitly state that the author of a body of work must be human . By their system of logic , Naruto should be receive all funds from the pictorial matter , which would be used to care for Naruto and her reserve .

In a brief hearing in San Francisco , the judge referred to the argument as a " stretch " and say he will probably force out the pillow slip .

" I ’m not the person to weigh into this , " Orrick say . " This is an issue for Congress and the President of the United States . If they cogitate animals should have the right wing of copyright they ’re free , I think , under the Constitution , to do that . "

[ h / t : Ars Technica ]