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What is Cara, the Instagram alternative that gained 600k users in a week?
(www.creativebloq.com)
this post was submitted on 10 Jun 2024
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None that I'm aware of, but for a copyright to be asserted in the US a human must be associated with it as a consequence of the monkey selfie case. My reading is that this would cover the edge case of an anonymous, unknown poster submitting the work, allowing Cara to act as the default rights holder unless otherwise asserted by a person or user.
Why are you twisting it to make it seem like Cara is doing a good thing? What's your motive? What is the difference between Cara owning it by default and the uploader owning it by default? Why can't it just be the owners property?
Because "anonymous" isn't necessarily a person who can answer for copyright. They literally gave you a use case where it could help in the content you're arguing against...
What has this got to do with who owns the copyright? And why is anonymous uploading allowed anyway?
It doesn't work like that. The monkey selfie case did not set any kind of precedence. Animals cannot own property, including copyrights.
For a work to be under copyright in the US, it has to be an "original work of authorship" and contain "a modicum of creativity". Some countries allow broader copyrights. Photographs that are accidentally triggered are public domain. CCTV footage is a gray area. Setting up a camera and luring animals into triggering it, might produce copyrighted images. A court would have to decide if the individual circumstances constitute authorship and a modicum of creativity. An animal snagging a camera and triggering it certainly doesn't. The monkey selfie case did nothing to advance the law.
A public domain image is just that. Attempting to assert ownership over one is either an error or fraud. I don't know what the US rules are when a rights-owner can't be found. I doubt that you can just become the default owner of some property just by writing something on a website.
literally next sentence.
This sounds like a precedent...
Animals never could own property. PETA sued to get the monkey recognized as author and thus copyright-holder of the selfie. Or, more likely, to generate publicity as that was obviously never going to happen.
Correct. Which the court set a precedent for during that court case.
You claimed that no precedent was set. That's incorrect.