Hold your smartphone, smile at the front camera, and click! You get a selfie. There is no doubt that this photo is yours. But if a monkey takes a selfie, does the camera owner have the right to decide how to use it?
Recently, this question has caused a problem between Wikimedia Foundation, a non-profit organization, and British wildlife photographer David J. Slater.
In 2011, Slater was visiting a park in Indonesia when a macaque(猕猴) got hold of one of his cameras. “They were quite naughty, jumping all over my equipment,” Slater told The Telegraph, “and it looked like they were already posing for the camera when one hit the button.” The result was hundreds of monkey selfies. The best of images was a female macaque grinning toothily into the lens.
This week, the grinning monkey selfie returned to the news when Wikimedia refused Slater's request to take the photos down from Wikimedia Commons, a website that is run by the organization and offers free images. 5
According to Wikimedia, anyone who downloads the monkey selfie, or any of the millions of images on the site, can “copy and use any works here freely as long as they follow what the author says.” The question that arose here was whether Slater, who had not held the camera, set up the shot, or pressed the shutter(快门) button, could be considered the photographer of the monkey selfie. Wikimedia's position on this was clear: as the work of a non-human animal, this photo has no human author who owns the copyright.”
Only authors of creative works, like a piece of writing or a song, own copyrights. In terms of photos, US copyright law says whoever pushes the button on the camera owns the copyright to the image produced, which means that if tourists ask you to take a photo of them, and you happen to hit the shutter button at the exact moment that Justin Bieber, a Canadian singer, made faces behind them. You, as the photographer, would have the photo's copyright and sell it. The tourists, who own the camera on which the photo was taken and asked you to take the photo don't get the right to use it without you allowing them to. All this has been complicated by the appearance of surveillance cameras(监控摄像头), smart phones, and large-scale photography projects for which assistants often press the shutter button to produce works whose copyrights belong to their boss.
Slater seems to be thinking along these lines. He says that buying the cameras, spending thousands of pounds to transport himself to Indonesia, and allowing the monkeys to “steal” his cameras makes him the author of the image, regardless of who pushed the button. “In law, if I have an assistant then I still own the copyright,” he told the “Today” Show. “I believe in this case, the monkey was my assistant.”
If that seems unfair, think about this. If a person left her laptop in a café, and a poet picked it up, opened up a word-processing program, and typed out a poem which turned out to be the best poem of this generation, could she ask for much more than her laptop back?
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