Monkey selfie drives snapper bananas

It might yet be a decision that will drive every photographer bananas.

A prominent website is refusing to take down a ‘selfie’ picture taken by a mischievous monkey.

The Wikimedia Foundation insists it will not remove the image from the website, despite claims from a British photographer — whose camera was used — that it breached his copyright.

Wikimedia claims he cannot own the copyright because the animal took the image.

David Slater says he is the sole owner of the photo of the grinning crested black macaque that went viral when he posted it online in 2011, and is threatening to sue Wikimedia for lost earnings of up to $30,000 (€22,500).

Slater, from Coleford, Gloucestershire, was taking photos of crested black macaques on the Indonesian island of Sulawesi when the animals began to investigate his photography equipment.

One of the endangered monkeys hijacked his camera before snapping hundreds of pictures.

Wikimedia, a not-for-profit foundation, used the photo on its site without permission, claims Slater.

“Under US laws, the copyright cannot be owned by a non-human,” Wikimedia spokeswoman Katherine Maher said.

“It doesn’t belong to the monkey, but it doesn’t belong to the photographer either.”

Slater said Wikimedia’s decision to include his image in its database had affected his livelihood and resulted in a loss of earnings. “It’s all based on a technicality. I own the photo but because the monkey pressed the trigger and took the photo, they’re claiming the monkey owns the copyright,” he said.

“There’s a lot more to copyright than who pushes the trigger on the camera. I set up the shot, I was behind all the components in taking that image. The problem is they’re telling people it’s free to use because it’s in the public domain, they even have a link for people to download the high-res, so they’re actively encouraging people to use it however they like.

“I’ve lost tens of thousands of pounds and I have every right to sue them for a loss of earnings.

“I’ve contacted a lawyer in the US who is willing to take on the case they’re just waiting for my go ahead.

“Nothing gives Wikimedia the right to decide who owns the copyright of the image and give people permission to use it for free, no court has decided that.”