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PETA has been ridiculed by lawyers for a British photographer after the animal rights group issued a lawsuit for copyright infringement on behalf of the famous smiling selfie monkey .

It is suing David Slater, along with the makers of the publishing software he used to make a book containing the photographs of the macaque named Naruto.

PETA has issued proceedings in California seeking “all proceeds from the sale, licensing, and other commercial uses of the Monkey Selfies” to fund conservation efforts.

It claims Naruto owns the picture after pinching Slater’s camera four years ago while in Indonesia and then pressing the button to take a picture.

But the claim has been derided by lawyers acting for the nature photographer, who claim PETA can’t prove the primate they name in the lawsuit is the actual monkey who took the famous pictures.

According to legal experts, the image belongs in the public domain , because the US government doesn't grant copyrights for artwork created by animals.

But PETA are refusing to drop their claim - leading Slater's defence to issue papers demanding the case be dismissed.

(Image: David Slater)

Outlining the case in court papers, lawyers wrote: "A monkey, an animal rights organisation and a primatologist walk into a federal court to sue for infringement of the monkey's claimed copyright.

“What seems like the setup for a punchline is really happening. It should not be happening.

“Under Cetacean Community v Bush, dismissal of this action is required for lack of standing and failure to state a claim upon which relief can be granted.

“Monkey see, monkey sue is not good law - at least not in the Ninth Circuit.”

Read more:Monkey which took selfie 'should be able to sue for copyright infringement'

If an animal were able to hold copyright on a photo, the document alleges, it wouldn’t necessarily be the monkey's to claim.

Slater’s lawyer also state PETA can’t prove that Naruto, a male, is the actual primate who took the famous pictures.

poll loading Who do you think owns the rights to the image? 0+ VOTES SO FAR Mr Slater The monkey The monkey's uncle Nobody

“The allegation that Naruto is, in fact, the monkey who took the Monkey Selfies is contradicted by other allegations in the Complaint,” their motion to dismiss the case reads.

“Specifically, in the Wildlife Book, Mr Slater describes the monkey who took the photographs as a female, not a male like Naruto.”

Slater argues he should own the rights to the photograph, and the selfie’s distribution by Wikimedia and a company called Techdirt as public domain are “ruining my business.”

“If it was a normal photograph and I had claimed I had taken it,” he added, “I would potentially be a lot richer than I am.”

A hearing date has been set for January 6 next year.