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Absurd But True

Can a Monkey Sue for Copyright? The Ninth Circuit's Monkey Selfie Ruling

  • Absurd But True
  • 28 Oct 2026
  • 0:41
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Can a Monkey Sue for Copyright? The Ninth Circuit's Monkey Selfie Ruling

Absurd But True. Narration in the video is an AI voice, and the pictures are illustrations and text cards. The monkey and camera are generic drawings, not the photographs from the case.

The short version

Can a monkey sue for copyright? In 2018 the U.S. Court of Appeals for the Ninth Circuit answered for one crested macaque, and for animals generally, under one law. The case is reported at 888 F.3d 418 (9th Cir. Apr. 23, 2018), No. 16-15469.

What happened

A wildlife photographer left his camera unattended in an Indonesian reserve in 2011. A seven-year-old crested macaque named Naruto allegedly took several photographs of himself with it. In 2015 an animal-advocacy group and a researcher filed a copyright infringement complaint against the photographer and others, acting as "next friends" on the monkey's behalf.

The district court granted the motions to dismiss, and the appeals court affirmed. Its words: "this monkey, and all animals, since they are not human, lacks statutory standing under the Copyright Act."

What the ruling does not mean

  • It is about standing, not ownership. The court decided that an animal cannot bring a suit under the Copyright Act. It did not decide who owns the copyright in the pictures.
  • It is not a verdict on animal rights. The Copyright Act does not expressly authorize animals to sue, so the claim failed under that statute. The court did not say animals have no legal rights.
  • It was decided on a motion to dismiss, before any trial on the facts. That is why the selfies are described as "allegedly" taken by the monkey.
  • It is not legal advice. If a copyright question affects you, ask a lawyer.

Rehearing en banc, a request for the full court to look again, was denied on August 31, 2018.

Why it sounds made up

Courts rule on narrow questions, and this one came down to a single phrase: who is allowed to sue under a particular statute. The humour is in the setup. The legal point is the plain one.

Sources

  • Opinion of the U.S. Court of Appeals for the Ninth Circuit, 888 F.3d 418 (9th Cir. Apr. 23, 2018), No. 16-15469, on CourtListener
  • Order denying rehearing en banc, 916 F.3d 1148 (9th Cir. Aug. 31, 2018), on CourtListener
Transcript

A federal appeals court once had to decide whether a monkey can sue for copyright. This is real. US Court of Appeals, Ninth Circuit, 2018. A photographer left his camera unattended in an Indonesian reserve. A crested macaque named Naruto allegedly took selfies with it. Advocates sued the photographer on the monkey’s behalf, claiming copyright infringement. The district court dismissed the case. The appeals court affirmed. The finding: this monkey, and all animals, since they are not human, lacks statutory standing to sue under the Copyright Act. Selfie taker or not, under the Copyright Act a monkey cannot sue. Absurd. But true.

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