Macaque Complications in Copyright Claim

Black macaque selfie, still copyright-free.
Macaque selfie
I can use this picture because a macaque took it. Look forward to seeing it often.

In August 2014, a court ruled that a human photographer who owned the camera a  black macaque used to take a selfie cannot claim copyright on the picture, using the same logic that says complete strangers don't own the copyright on a the picture you took of them standing in front of the Teddy Roosevelt butter sculpture at the state fair when they handed you their phone to use.

Now a U.S. District Court judge has ruled that the monkey doesn't own the photo either. PETA had brought the lawsuit on the monkey's behalf; the judged determined that the law doesn't specify that non-humans can claim photograph ownership, using the same logic that explains why your car doesn't own the copyright on the photo of you driving through a speed trap on the toll road. Also, since there are no monkeys in PETA, he had doubts about their legal standing to represent their client. (Sidenote: Does anyone actually know where the client is these days?)

The photographer insists he will appeal and win, since he intended to take a picture.

In other words: Black macaque selfie, still copyright-free.