Monkeys and humans are similar in more ways than one: we have opposable thumbs, share a majority of DNA, and evidently, love taking selfies. Back in 2011, British photographer David Slater travelled to Indonesia to take photographs of black crested macaques. In a not-so-surprising turn of events, the macaques completely disregarded Slater’s setup and started playing with one of his cameras that produced the photo under controversy: a selfie of a grinning macaque that garnered much internet craze and went viral. The photo found its way onto Wikimedia commons where it is free to download and use and, despite Slater’s removal notices, has been kept in the public domain. Wikimedia has stated that Slater does not own the rights of the photograph as he did not take the photo but the macaque did. On the website where the photo is available for download the license states that,
“...this file is in the public domain, because as the work of a non-human animal, it has no human author in whom copyright is vested.”
This raises an interesting question regarding copyright ownership. So who legally owns the photo in question?