Years after a macaque monkey snapped a viral selfie in Indonesia, a US court rejected a suit by PETA to name him copyright owner. The judges said PETA was using the animal as an "unwitting pawn" for their agenda.
Naruto took the picture on the Indonesian island of Sulawesi
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A US appeals court sided with photographer David Slater in a yearslong legal saga around a photo of a grinning black monkey that became an internet sensation in 2011.
The monkey, named Naruto, snapped several photos on a camera set up by Slater, prompting the activists from the People for the Ethical Treatment of Animals (PETA) group to file a lawsuit on Naruto's behalf. In it, they demanded the monkey to be declared the real owner of the images.
The three-judge panel in San Francisco, however, ruled that animals cannot sue for copyright infringement.
Court slams PETA
Naruto "lacked statutory standing" for such a legal move, they said, as the law reserved that power for humans. The appeals court also said PETA had failed to establish a significant relationship with Naruto and therefore had no grounds to legally present itself as "next friend" of the animal. In the US, the term "next friend" is usually reserved for plaintiffs suing on behalf of people who cannot represent themselves.
"Puzzlingly, while representing to the world that 'animals are not ours to eat, wear, experiment on, use for entertainment, or abuse in any way,'" the 9th Circuit court said, "PETA seems to employ Naruto as an unwitting pawn in its ideological goals."
The court also ruled photographer Slater was entitled to be compensated for attorneys' fees in the case.
Going a little wild: when animals have fun
It's not just humans who play around or treat themselves to junkfood! Whether they live in the wild, in zoos, or as pets in our homes, animals also like to horse around or pig out every once in a while.
Image: picture-alliance/dpa
A natural play instinct
Even savage-looking crocodiles like to play. In 2015, a US researcher observed a crocodile that was playing with an inflatable ball and blowing bubbles in the water. Ravens slide down snow-covered slopes, and deer frolick in mud puddles. Researchers refer to "play" when animals engage in purposeless activities. So it's not just humans who get the urge to act silly every now and again.
Image: picture-alliance/ZB/T. Uhlemann
Cheers to that!
Cats can now engage in another human activity: drinking. The first wine for them comes from - where else - Japan. "Nyan Nyan Nouveau" is made of catnip and cabernet grapes, but doesn't contain any alcohol. Nyan Nyan is the Japanese equivalent of "meow meow." Feline like a drink?
Image: cc-by-James Yeo
Go lions!
But the big cats in the South African sanctuary of "lion whisperer" Kevin Richardson don't drink - they're athletes. They could probably beat any of the teams currently competing in Euro 2016 - because Richardson plays soccer with them. Need proof? Check him out "playing football with wild lions" on Youtube.
Image: picture-alliance/AP Photo/D. Farrell
A literal doggy paddle
It's pretty obvious that this dog is having fun in the pool. Owners who want get some special playtime in the water for their canines can take them to the central German town of Hanau, where Aquabello - an indoor swimming pool for man's best friend - is located. It boasts three pools so dogs of all sizes can swim around and play.
Image: picture-alliance/dpa
Cooling off
Zoo animals often suffer in the summer heat. To make their days more bearable, they can get frozen fruit or vegetables. This chimp is enjoying a popsicle at the zoo in Landau in western Germany. Looking at this ape, chilling with some ice cream in the shade, it's clear that our two species are related.
Image: picture-alliance /dpa
Animal enrichment
Playing can also be a way to keep animals busy and their minds active. So-called animal enrichment is frequently used in zoos, where boredom can be very harmful. These otters in the Stirlingshire zoo get to pull their food out of a watermelon instead of simply being tossed the fish. What kid doesn't dream of hearing "Please play with your food"?
Image: picture-alliance/dpa/A. Milligan
Where the fun ends
Sea World has announced they'll stop working with orcas, and many German zoos are doing the same. By now it's common knowledge that though it might look like whales and dolphins in big, flashy shows are playing and having fun, they are not. Being kept in small pools is actually torture for these extremely smart - and naturally wild - animals.
Image: picture-alliance/dpa
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Naruto is 'discriminated against'
PETA sued Slater on behalf of Naruto in 2015, claiming he had no right to profit from the monkey's work. After the claim was dismissed, PETA appealed but subsequently reached a settlement with Slater in September last year. Under the terms, Slater agreed to donate 25 percent of any future revenue to charities protecting crested black macaques.
In a rare move, the appeals court refused to accept the lawyers' demand to throw out the case. The judges said a decision in this "developing area of the law" would be useful to guide lower courts in the future.
Commenting on the Monday verdict, PETA's general counsel restated that Naruto "shouldn't be treated any differently from any other creator."
"Denying him the right to sue under the US Copyright Act emphasizes what PETA has argued all along — that he is discriminated against simply because he's a nonhuman animal," Kerr said in a statement.
The attorney added that PETA has not yet decided if it will appeal the latest ruling. At the same time, Kerr said the decision would not affect the settlement.