Artificial Intelligence Ushers in the Era of Music Moneyball (Guest Column)

Monkeys cannot create copyrightable works. This is an actual rule. In 2011, British photographer David Slater was photographing a troop of macaques when Naruto, a six-year-old, smiled into Slater's lens, pressed the shutter button, and captured this toothy selfie: The lawsuit seeks to establish that Naruto should own his selfie, just as any human being owns a selfie they take. After going viral and popping social media metrics rivaling Ellen DeGeneres' Oscar-selfie, the photo was posted on Wikipedia. Slater fired off a cease-and-desist letter, but Wikipedia refused to take down the photo because a monkey, not a human, created it. PETA jumped into the fray and sued Slater to establish Naruto's ownership of his selfie. After entertaining some giggle-inducing, "monkey-see, monkey-do" briefs, a federal court held that Congress did not intend to extend copyright protection to works created by animals. A recent settlement – in which Slater will donate a portion of future royalties to conservation charities – mooted the Ninth Circuit appeal. Nonetheless, this seemingly frivolous lawsuit has significant consequences.