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	<title>
	Comments on: Monkey-selfie photographer sued by PETA says he&#8217;s broke	</title>
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	<link>https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Fri, 04 Aug 2017 21:15:32 +0000</lastBuildDate>
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	<item>
		<title>
		By: LordSega		</title>
		<link>https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346477</link>

		<dc:creator><![CDATA[LordSega]]></dc:creator>
		<pubDate>Fri, 04 Aug 2017 21:15:32 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=65359#comment-346477</guid>

					<description><![CDATA[As the judge I would have told PETA that he has a right to face his accuser, so bring in the monkey, prove to the court that it is the same monkey that took the photo, then if PETA could accomplish that, swear the monkey in (oops, can&#039;t do that), ask the monkey questions on the stand (oops, no reply / failure to reply... contempt of court on the monkey), case dismissed.]]></description>
			<content:encoded><![CDATA[<p>As the judge I would have told PETA that he has a right to face his accuser, so bring in the monkey, prove to the court that it is the same monkey that took the photo, then if PETA could accomplish that, swear the monkey in (oops, can&#8217;t do that), ask the monkey questions on the stand (oops, no reply / failure to reply&#8230; contempt of court on the monkey), case dismissed.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346335</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Thu, 20 Jul 2017 03:58:36 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=65359#comment-346335</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346334&quot;&gt;MF&lt;/a&gt;.

That was Bill Poser&#039;s point.  

PETA despite their name is not an anti-animal abuse group.  They are an animal rights organization and their antics distract from real animal abuse issues far more than they help.

They know this and they don&#039;t care, because stopping animal abuse is ancillary to their real goal.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346334">MF</a>.</p>
<p>That was Bill Poser&#8217;s point.  </p>
<p>PETA despite their name is not an anti-animal abuse group.  They are an animal rights organization and their antics distract from real animal abuse issues far more than they help.</p>
<p>They know this and they don&#8217;t care, because stopping animal abuse is ancillary to their real goal.</p>
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		<title>
		By: MF		</title>
		<link>https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346334</link>

		<dc:creator><![CDATA[MF]]></dc:creator>
		<pubDate>Thu, 20 Jul 2017 01:56:46 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=65359#comment-346334</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346328&quot;&gt;Bill Poser&lt;/a&gt;.

Yes, there is animal abuse.  But PETA is so far over the top, and at least 90% of their actions are absolutely ridiculous.  Meat consumption is not animal abuse (as a good example of their absurd positions).]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346328">Bill Poser</a>.</p>
<p>Yes, there is animal abuse.  But PETA is so far over the top, and at least 90% of their actions are absolutely ridiculous.  Meat consumption is not animal abuse (as a good example of their absurd positions).</p>
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		<title>
		By: Bill Poser		</title>
		<link>https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346328</link>

		<dc:creator><![CDATA[Bill Poser]]></dc:creator>
		<pubDate>Tue, 18 Jul 2017 20:46:33 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=65359#comment-346328</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346314&quot;&gt;Don&lt;/a&gt;.

Yes. Do you think that there isn&#039;t much abuse of animals? Or that this kind of thing does not waste time and money and discredit PETA?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346314">Don</a>.</p>
<p>Yes. Do you think that there isn&#8217;t much abuse of animals? Or that this kind of thing does not waste time and money and discredit PETA?</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346326</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Tue, 18 Jul 2017 18:53:00 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=65359#comment-346326</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346323&quot;&gt;David C&lt;/a&gt;.

&quot;But this was a professional camera – I’d guess that it is at least capable of manual selections. Not that it matters much.&quot;

It would almost certainly be capable of both at that level.  The point is, we don&#039;t know what settings (manual or automatic) were used.

If the camera owner wants to claim copyright in an animal selfie case, it ought to be the camera owner&#039;s burden to prove some level of create effort beyond merely creating the opportunity for it to happen.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346323">David C</a>.</p>
<p>&#8220;But this was a professional camera – I’d guess that it is at least capable of manual selections. Not that it matters much.&#8221;</p>
<p>It would almost certainly be capable of both at that level.  The point is, we don&#8217;t know what settings (manual or automatic) were used.</p>
<p>If the camera owner wants to claim copyright in an animal selfie case, it ought to be the camera owner&#8217;s burden to prove some level of create effort beyond merely creating the opportunity for it to happen.</p>
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		<title>
		By: cecil		</title>
		<link>https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346325</link>

		<dc:creator><![CDATA[cecil]]></dc:creator>
		<pubDate>Tue, 18 Jul 2017 13:32:03 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=65359#comment-346325</guid>

					<description><![CDATA[Okay, slightly different scenario...  If he had left a rifle unattended rather than a camera, would he have claimed ownership if the monkey had shot other persons?  Okay, so under theories of negligence and the like he may have been held responsible despite his protests, but clearly he would attempt to distance himself from the actions of the monkey.]]></description>
			<content:encoded><![CDATA[<p>Okay, slightly different scenario&#8230;  If he had left a rifle unattended rather than a camera, would he have claimed ownership if the monkey had shot other persons?  Okay, so under theories of negligence and the like he may have been held responsible despite his protests, but clearly he would attempt to distance himself from the actions of the monkey.</p>
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		<title>
		By: Cecil		</title>
		<link>https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346324</link>

		<dc:creator><![CDATA[Cecil]]></dc:creator>
		<pubDate>Tue, 18 Jul 2017 13:28:57 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=65359#comment-346324</guid>

					<description><![CDATA[All the settings in the world do not a photograph make.  Without that all important shutter release at the proper artistic moment settings are useless.  In fact, many poor setting choices can be &quot;repaired&quot; in post production.  So, in short, if the person taking the photograph (releasing the shutter) is human then there is a copyright, otherwise there is none.]]></description>
			<content:encoded><![CDATA[<p>All the settings in the world do not a photograph make.  Without that all important shutter release at the proper artistic moment settings are useless.  In fact, many poor setting choices can be &#8220;repaired&#8221; in post production.  So, in short, if the person taking the photograph (releasing the shutter) is human then there is a copyright, otherwise there is none.</p>
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		<title>
		By: David C		</title>
		<link>https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346323</link>

		<dc:creator><![CDATA[David C]]></dc:creator>
		<pubDate>Tue, 18 Jul 2017 13:23:58 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=65359#comment-346323</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346316&quot;&gt;Jeff M&lt;/a&gt;.

&lt;blockquote&gt;Most modern cameras are capable of automatically making most those selections (shutter speed, aperture, focal point) when the shutter release is pressed.&lt;/blockquote&gt;

But this was a professional camera - I&#039;d guess that it is at least capable of manual selections.  Not that it matters much.

&lt;blockquote&gt;I would think that the owner of the copyright is the person who selected the use of the camera, to include the setting, the camera attributes (shutter speed, aperture, ISO, drive, focal point, etc.).&lt;/blockquote&gt;

I&#039;d maybe buy that if the photographer intended the monkey take the camera and snap a picture - but he claimed it was an accident that the monkey took the camera, and I take him at his word on that.  Imagine if some guy at customs had fiddled with the camera during an inspection - would HE get the copyright, if he last touched the settings?  That&#039;s ridiculous.

&lt;blockquote&gt;In this case, it’s the person who took the raw image and processed it into something usable.&lt;/blockquote&gt;

Developing a negative doesn&#039;t ordinarily involve anything creative (except in the very rare case where you do something nonstandard, and that doesn&#039;t appear to be the case here.)  Cropping *might* involve something creative, but I&#039;d hesitate to give copyright on a very obvious crop that anyone would do.

Is it so inconceivable that nobody gets a copyright?  The monkey doesn&#039;t get one because he&#039;s a monkey, the photographer doesn&#039;t get one because he didn&#039;t take the picture or intend to create a picture, and the guy who developed the negative doesn&#039;t get one because he didn&#039;t do anything creative.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346316">Jeff M</a>.</p>
<blockquote><p>Most modern cameras are capable of automatically making most those selections (shutter speed, aperture, focal point) when the shutter release is pressed.</p></blockquote>
<p>But this was a professional camera &#8211; I&#8217;d guess that it is at least capable of manual selections.  Not that it matters much.</p>
<blockquote><p>I would think that the owner of the copyright is the person who selected the use of the camera, to include the setting, the camera attributes (shutter speed, aperture, ISO, drive, focal point, etc.).</p></blockquote>
<p>I&#8217;d maybe buy that if the photographer intended the monkey take the camera and snap a picture &#8211; but he claimed it was an accident that the monkey took the camera, and I take him at his word on that.  Imagine if some guy at customs had fiddled with the camera during an inspection &#8211; would HE get the copyright, if he last touched the settings?  That&#8217;s ridiculous.</p>
<blockquote><p>In this case, it’s the person who took the raw image and processed it into something usable.</p></blockquote>
<p>Developing a negative doesn&#8217;t ordinarily involve anything creative (except in the very rare case where you do something nonstandard, and that doesn&#8217;t appear to be the case here.)  Cropping *might* involve something creative, but I&#8217;d hesitate to give copyright on a very obvious crop that anyone would do.</p>
<p>Is it so inconceivable that nobody gets a copyright?  The monkey doesn&#8217;t get one because he&#8217;s a monkey, the photographer doesn&#8217;t get one because he didn&#8217;t take the picture or intend to create a picture, and the guy who developed the negative doesn&#8217;t get one because he didn&#8217;t do anything creative.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346322</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Tue, 18 Jul 2017 02:27:00 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=65359#comment-346322</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346316&quot;&gt;Jeff M&lt;/a&gt;.

&quot;the camera attributes (shutter speed, aperture, ISO, drive, focal point, etc.). &quot;

Most modern cameras are capable of automatically making most those selections (shutter speed, aperture, focal point) when the shutter release is pressed.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346316">Jeff M</a>.</p>
<p>&#8220;the camera attributes (shutter speed, aperture, ISO, drive, focal point, etc.). &#8221;</p>
<p>Most modern cameras are capable of automatically making most those selections (shutter speed, aperture, focal point) when the shutter release is pressed.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346321</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Tue, 18 Jul 2017 02:22:22 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=65359#comment-346321</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346319&quot;&gt;SPO&lt;/a&gt;.

&quot;The guy got the monkeys to do it–he has put forth the creative effort.&quot;

I don&#039;t agree that that constitutes creative effort.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/07/monkey-selfie-photographer-sued-peta-says-hes-broke/comment-page-1/#comment-346319">SPO</a>.</p>
<p>&#8220;The guy got the monkeys to do it–he has put forth the creative effort.&#8221;</p>
<p>I don&#8217;t agree that that constitutes creative effort.</p>
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