July 17, 2018

July 16, 2018 - The case involving a monkey who took a selfie, and the question of the monkey's rights over that photo, will continue as a judge on the US Court of Appeals for the Ninth Circuit has asked the full court to consider rehearing the case. A panel had ruled 2-1 that the monkey didn’t have standing to sue.

People for Ethical Treatment of Animals (PETA) argued that Naruto, who lives on a wildlife reserve in Indonesia, should have enforceable rights. The panel said Naruto didn’t have standing to sue because the Copyright Act is silent about whether nonhuman animals to claim rights.

The dubiousness of PETA’s role and the settlement reached with the photographer whose camera was used, deemed a judge to request the rehearing, according to an article in Bloomberg Law.

Professor Christopher J. Buccafusco told Bloomberg Law, “Basically the parties had backed out of the litigation, and the judges were doing it for purposes of setting the judicial rule,” Buccafusco said. ”Given the underlying settlement, there was no party to make the motion, so it fell to one of the judges.”

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