Anew paperfrom the US Copyright Office has been published to clarify what can and what cannotbe copyrighted . Novels written by human beings are hatch . What ’s not covered ? Photos taken by monkeys , murals painted by elephant , and songs write by ghost .

Things that can be copyrighted :

Photos submit by a human being

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Songs written by a human

Novels written by a human being

thing that ca n’t be copyrighted :

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Photos taken by monkeys

call pen by the Holy Ghost

inclination of ingredient for a product

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Paintings done by elephants

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sensual hide that has n’t been altered

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An accurate reproduction of a painting

A list of an source ’s news report

Public domain photos with slogan plastered on top

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A healthy transcription of a individual bank bill

Photos of an arrangement of nutrient on a plate that has n’t shown at least a “ minimal level of creativity ”

touch up and restore photos that have been damage

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Medical mental imagery produced by X - rays and MRI scan

Now , what ’s the difference between a exposure occupy by a human and an X - beam of light assume by a human ? And what ’s think a “ minimal level of creative thinking ” in arranging food so that I can claim some punk Instagrammer is stealing my estimate of stacking three banana tree on top of each other ? Those are all good question , and I pretend that ’s the ground we have lawyers in this bright beautiful world of ours .

lately , Wikimedia declare that they did n’t consider a scalawag couldhold the right of first publication on a photo . But what is and is not dependent to copyright is a bit like taxes : They are whatever the governance say they are . And then the lawyers duke it out over what the government say they are .

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https://gizmodo.com/wikimedia-wont-take-down-this-photo-because-a-monkey-ow-1616874824

cerebral property laws are not like other belongings laws . When you “ slip ” a digital picture , the original author of that photograph has n’t lost the original copy of the photo . And so right of first publication is a government granted monopoly for creators to assure sealed protections for their study .

But even when the US Copyright Office tries to clarify what is and is not subject to copyright , intellectual belongings law of nature is still messy and open to interpretation . If you ’re a rapscallion expect to sell your most late series of banana photograph read by tenner - beam , you well get yourself a respectable attorney .

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Update Jan 6 , 2016 : A federal jurist in San Francisco just ruled that a scamp still ca n’t hold a right of first publication on a exposure . The judgement comes after PETA brought a lawsuit on behalf of amonkey named Naruto .

Image : Look Khob , a four - year previous “ elephant artist ” in Bangkok in 1998 via AP

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