Smith SUMMARY** Copyright / Standing Affirming the district court’s dismissal of claims brought by a monkey, the panel held that the animal had constitutional standing but lacked statutory standing to claim copyright infringement of photographs known as the “Monkey Selfies.” The panel held that the complaint included facts sufficient to establish Article III standing because it alleged that the monkey was the author and owner of the photographs and had suffered concrete and particularized economic harms. SLATER Opinion by Judge Bea Concurrence by Judge N.R. Robreno, United States District Judge for the Eastern District of Pennsylvania, sitting by designation.

Randy Smith, Circuit Judges, and Eduardo C. Appeal from the United States District Court for the Northern District of California William Horsley Orrick, District Judge, Presiding Argued and Submitted JSan Francisco, California Filed ApBefore: Carlos T. OPINION DAVID JOHN SLATER BLURB, INC., a Delaware corporation WILDLIFE PERSONALITIES, LTD., a United Kingdom private limited company, Defendants-Appellees. Disagreeing with the majority’s conclusion that next-friend standing is nonjurisdictional, Judge Smith wrote that PETA’s failure to meet the requirements for next-friend standing removed jurisdiction of the court.įOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NARUTO, a Crested Macaque, by and through his Next Friends, People for the Ethical Treatment of Animals, Inc., Plaintiff-Appellant, No. SLATER 3 on the merits should be vacated because the federal courts lacked jurisdiction to hear the case. Smith wrote that the appeal should be dismissed and the district court’s judgment NARUTO V. The panel granted appellees’ request for an award of attorneys’ fees on appeal. The panel concluded that the monkey’s Article III standing was not dependent on the sufficiency of People for the Ethical Treatment of Animals, Inc., as a guardian or “next friend.” The panel held that the monkey lacked statutory standing because the Copyright Act does not expressly authorize animals to file copyright infringement suits.

Affirming the district court’s dismissal of claims brought by a monkey, the panel held that the animal had constitutional standing but lacked statutory standing to claim copyright infringement of photographs known as the “Monkey Selfies.” The panel held that the complaint included facts sufficient to establish Article III standing because it alleged that the monkey was the author and owner of the photographs and had suffered concrete and particularized economic harms.

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