Wikipedia rejects photographer's claim of copyright over famous monkey selfie - on the grounds that the ape took it!

David Slater was taking photographs of crested black macaques in Sulawesi

One of the monkeys hijacked his camera, before taking hundreds of photos

Although many were blurry, a grinning selfie made headlines across world

Wikimedia, owners of Wikipedia, used image online site without permission

Mr Slater has asked firm to take it down as it has led to a loss of earnings



But company claims that as animal took image, he does not own copyright

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A photographer today spoke of his anger after Wikipedia refused to remove his famous picture of a monkey taking a selfie - claiming he cannot own the copyright because the animal took it.



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

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

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Row: Wikipedia has refused a photographer's requests to remove this picture (left) of a monkey taking a selfie - claiming he cannot own the copyright because the animal took it. Right, the macaque takes another selfie



Although many of these were blurry, there were also a number of stunning images, including a selfie of the grinning macaque which made headlines across the world.



But now, Mr Slater is planning to take legal action against U.S.-based Wikimedia, which owns Wikipedia, after the company used the photo on its site without permission.



Despite repeated complaints, the firm has refused to take the image down - and even offers a link for users to download the original file for free - because it claims Mr Slater does not own the copyright.



A message on its site states: '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.'

Surprised: Mr Slater was taking photos of crested black macaques on the Indonesian island of Sulawesi in 2011 when the animals began to investigate his equipment. Above, the monkey takes a photo of Mr Slater

Explanation: U.S.-based Wikimedia, which owns Wikipedia, states on its site: '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'

Today, Mr 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.'

Available to download: The famous monkey selfie is accessible on the Wikimedia Commons site (pictured), which features a collection of 22,302,592 images and video files that are free to use by anyone online

Mr Slater, whose encounter with the macaques happened in 2011, could sue the company for statutory damages of up to $30,000 (£17,824).

'I’ve lost tens-of-thousands of pounds and I have every right to sue them for a loss of earnings,' he said.

'I’ve contacted a lawyer in the U.S. 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.

Trapped: In this photo taken by Mr Slater during his trip, a macaque is trapped in a snare. It was then rescued

'They don’t know the story behind the image. They are basing their decision on stories they have gleaned from the press they have made no attempt to find out the facts.'

The selfie of the macaque is accessible on the Wikimedia Commons site, which features a collection of 22,302,592 images and video files that are free to use by anyone online.

It has also previously appeared on websites, newspapers, magazines and television shows around the world.

' I own the photo but because the monkey pressed the trigger and took the photo, they’re claiming the monkey owns the copyright'

David Slater, p hotographer

At the height of its fame, Mr Slater said of the macaques: ' They were quite mischievous jumping all over my equipment, and it looked like they were already posing for the camera when one hit the button.

'The sound got his attention and he kept pressing it. At first it scared the rest of them away but they soon came back - it was amazing to watch.

'He must have taken hundreds of pictures by the time I got my camera back, but not very many were in focus. He obviously hadn’t worked that out yet.'

