this post was submitted on 13 Feb 2026
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[–] hoshikarakitaridia@lemmy.world 30 points 1 day ago* (last edited 1 day ago) (2 children)

Iirc it's even funnier: the relevant case law comes from Naruto v Slater. A case about a monkey taking a selfie and a photographer failing to acquire copyright of it (https://en.wikipedia.org/wiki/Monkey_selfie_copyright_dispute).

The copyright belonged to whoever shot the selfie, but because it was the monkey and animals aren't juristic entities, they can not hold copyright. Therefore, as it stands and as new case law outlines, AIs are compared to monkeys, in that the copyright would fall onto them but it's not a juristic entities either, and therefore copyright just vanishes and no one can claim it.

The wikipedia page suggests current cases on generative AI directly build on this.

[–] ch00f@lemmy.world 10 points 1 day ago

It was an especially interesting case because there was a question of whether the photographer lied about who actually took the picture. So he could either claim the monkey took it an lose the copyright or claim he took it and have it lose all value.