Posted by Henry M. Sneath, Esq. – Chair of the Intellectual Property Group at Picadio Sneath Miller & Norton, P.C. (PSMN® and PSMNLaw®) in Pittsburgh, Pa. He may be contacted at firstname.lastname@example.org or 412-288-4013. Website www.psmn.com or www.psmn.law
From “ars technica“* publication: One of the largest patent verdict cases ever was obtained by Carnegie Mellon University (CMU) in Pittsburgh Federal District Court in 2012 in the courtroom of the Hon. Nora Barry Fischer as presiding judge. CMU won a $1.17 billion jury verdict in 2012 and the court enhanced the verdict to $1.54 Billion. The Federal Circuit cut the win significantly, by reducing the damages and eliminating the enhanced damages award, but kept the main verdict intact. The case was just settled here in Pittsburgh for $750 Million. It will allegedly be the second largest payment ever in a technology patent case. A thorough article on the matter with good links to the case history appears at web publication ars technica*(http://tinyurl.com/zwb26wg ).
A little over a year ago, we discussed an interesting case where the owner of a camera that took a picture of a monkey could not register a copyright in the picture because the monkey was the one took a picture of itself. Well, that case reemerged last year when attorneys for PETA who “represent” the monkey filed a lawsuit in California arguing that the photographer violated the monkey’s copyright when he published pictures that the monkey took. (Naruto v. Slater, 3:15-cv-04324-WHO, C.D. Cal.) Last week, the Court granted the photographer’s motion to dismiss, holding that a monkey is not entitled to register a copyright with the Copyright Office or bring suit for copyright infrinement.
The monkey brought suit under Sections 106 and 501 of the Copyright Act (17 U.S.C. §§ 106 and 501), alleging that the publication of the photographs it took violated its copyrights in these photographs. The Court initially noted that there is no per se bar to an animal being a proper plaintiff in some limited circumstances, so it chose not to focus on that aspect of the case. Instead, the Court looked to the language of the Copyright Act, its legislative history, court opinions interpreting the Act, and the regulations of the Copyright Office. Taking all of these together, the Court found no indicating that Congress ever intended for animals to be able to hold copyrights or bring suit under the Act. In particular, the Court noted the Copyright Office has considered this very situation–whether a monkey can hold a copyright–and concluded that it cannot. See Compendium of U.S. Copyright Office Practices § 313.2 (December 2014).
So, for now at least, photographs taken by monkeys (and other animals) cannot be copyrighted by the animal.
Our Law Firm: Houston Harbaugh in Pittsburgh, Pa. Business Litigation. Pittsburgh Strong.® DTSALaw®
Contact our Pittsburgh Intellectual Property, Data Security, Trade Secret, DTSA and Technology Attorneys at Houston Harbaugh, P.C. through IP and Litigation Sections Chair Henry M. Sneath at 412-288-4013 or email@example.com. While focusing first on health care and prevention issues for family, friends and employees, we are also beginning to examine the overall Covid Law related issues in business litigation, contract force majeure, trusts and estates litigation and insurance coverage issues that will naturally follow the economic disruption of the Covid-19 pandemic.
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