Wikimedia rules that monkey, not photographer, owns media rights to a primate selfie

August 6, 2014 • 12:37 pm

Who owns the rights to a selfie snapped by a monkey? The monkey who unwittingly pressed the shutter button? Or the photographer who set it up owns the camera, and financed the trip to the monkey’s home?

I would have thought the latter: how can a monkey (especially a wild one) own rights, or benefit from them? But according to today’s Torygraph (via reader Hempenstein), a Celebes crested macaque (also known as the crested black macaque), roaming somewhere in the wilds of Indonesia, has the photo rights:

Wikimedia, the organisation behind Wikipedia, has refused a photographer’s repeated requests to remove one of his images which is used online without his permission, claiming that because a monkey pressed the shutter button it owns the copyright.

British nature photographer David Slater was in Indonesia in 2011 attempting to get the perfect image of a crested black macaque when one of the animals came up to investigate his equipment, hijacked a camera and took hundreds of selfies.

One particularly narcissistic monkey went wild with the camera:

“He must have taken hundreds of pictures by the time I got my camera back, but not very many were in focus. He obviously hadn’t worked that out yet.”

But after appearing on websites, newspapers, magazines and television shows around the world, Mr Slater is now facing a legal battle with Wikimedia after the organisation added the image to its collection of royalty-free images online. The Wikimedia Commons is a collection of 22,302,592 images and videos that are free to use by anyone online, and editors have included Mr Slater’s image among its database.

The Gloucestershire-based photographer now claims that the decision is jeopardising his income as anyone can take the image and publish it for free, without having to pay him a royalty. He complained To Wikimedia that he owned the copyright of the image, but a recent transparency report from the group, which details all the removal requests it has received, reveals that editors decided that the monkey itself actually owned the copyright because it was the one that pressed the shutter button.

. . . The image has been removed in the past when he complained, but different editors regularly upload it once again.

“Some of their editors think it should be put back up. I’ve told them it’s not public domain, they’ve got no right to say that its public domain. A monkey pressed the button, but I did all the setting up.”

Slater now faces £10,000 in legal costs to recover his rights. And he’s got a good argument:

Mr Slater said that the photography trip was extremely expensive and that he has not made much money from the image despite its enormous popularity.

“That trip cost me about £2,000 for that monkey shot. Not to mention the £5,000 of equipment I carried, the insurance, the computer stuff I used to process the images. Photography is an expensive profession that’s being encroached upon. They’re taking our livelihoods away,” he said.

“For every 100000 images I take, one makes money that keeps me going. And that was one of those images. It was like a year of work, really.”

This is the contested image of Macaca nigraYou have to admit that it’s really good, but Wikimedia is behaving badly so that it can display this thing without paying for it. After all, it was the photographer who made the whole thing possible and must have published the photo somewhere.

Much as I believe in animal rights, I can’t see them having artistic rights! Well, maybe an elephant that paints with its trunk, or a cat who walks on a keyboard and composes a piece, for they can benefit from their activities. But all this monkey did was press a button at the opportune time:

Macaca_nigra_self-portrait_(rotated_and_cropped)

Maybe I should ask Peter Singer about this. . .

The worst pain known to humans: the “bullet ant” gloves of Brazil

August 6, 2014 • 10:20 am

Parponera clavata is known as the “bullet ant” because of the intense pain it inflicts with its stings. It’s a big reddish-black ant of the neotropical forests, and I was stung a single time by one in Costa Rica. It was, perhaps, the most intense pain from an insect I’ve ever felt (a baby squirrel sinking its incisors repeatedly into the ball of my thumb rivals this incident!)

They’re huge ants; here’s one for scale. The ruler is in centimeters (2.54 cm = 1 inch), so this one things is nearly an inch long. Other workers can get up to 1.2 inches long. Believe me, you won’t forget one once you’ve seen it:

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Here’s what Wikipedia  says about the sting:

The pain caused by this insect’s sting is purported to be greater than that of any other hymenopteran, and is ranked as the most painful according to the Schmidt sting pain index, given a “4+” rating, above the tarantula hawk wasp and, according to some victims, equal to being shot, hence the name of the insect. It is described as causing “waves of burning, throbbing, all-consuming pain that continues unabated for up to 24 hours”. The ant is thought to have evolved its sting to ward off any predators that would normally unearth them. Poneratoxin, a paralyzing neurotoxic peptide isolated from the venom, affects voltage-dependent sodium ion channels and blocks the synaptic transmission in the central nervous system. It is being investigated for possible medical applications.

Wikipedia also reports that tribes in Brazil use them as an initiation rite. Note the part I’ve bolded, and reread it once you’ve seen the videos below:

The Satere-Mawe people of Brazil use intentional bullet ant stings as part of their initiation rites to become a warrior.The ants are first rendered unconscious by submerging them in a natural sedative, and then hundreds of them are woven into a glove made of leaves (which resembles a large oven mitt), stingers facing inward. When the ants regain consciousness, a boy slips the glove onto his hand. The goal of this initiation rite is to keep the glove on for a full 10 minutes. When finished, the boy’s hand and part of his arm are temporarily paralyzed because of the ant venom, and he may shake uncontrollably for days. The only “protection” provided is a coating of charcoal on the hands, supposedly to confuse the ants and inhibit their stinging. To fully complete the initiation, however, the boys must go through the ordeal a total of 20 times over the course of several months or even years.

What is this like? Here’s a foolish documentary filmmaker, Hamish Blake, trying on the ant gloves for an Australian t.v. documentary. He can tolerate them only for a few seconds, and then has eight hours of excruciating pain.

The  report by NineMSN from Australia, just filed today, says this:

Hamish Blake wanted to test his pain threshold in front of the TV cameras with an Amazonian bullet ant ritual, but ended up heading for hospital after collapsing from the unrelenting agony.

Blake was attempting the stunt for last night’s season finale of the Nine Network’s Hamish and Andy’s Gap Year South America.

He was taking part in a coming-of-age ritual with the Satere-Mawe Tribe, an indigenous tribe from the Amazon rain forest in Brazil, which involves putting on gloves filled with bullet ants and withstanding the pain produced by their toxic bites.

The bullet ant boasts the number one spot on the Schmidt Sting Pain Index — a scale created by Justin Schmidt that rates the pain caused by different Hymenopteran stings.

Footage, currently trending on reddit, shows Blake unable to keep the gloves on for more than a few seconds as he screams, shakes and sweats from multiple stinging bites.

. . . “Twenty-four hours after the bullet ants (and) I still gave them no thumbs up, even if I could move my thumbs,” Blake wrote.

“On the plus side, no danger of wedding ring slipping off!”

The bullet ant incident brought an end to the painfully hilarious South American gap year for the comedy duo, that has seen Lee take a lion’s share of the stunts.

Here’s Hamish’s hands 24 hours after donning the gloves:

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The video below shows a member of the tribe that uses these gloves; in this National Geographic video, a young lad has to wear them for five minutes. Then a gringo puts them for the same time, and has 24 hours of that horrible pain.

What humans won’t do to show their “manliness”!

Jesus ‘n’ Mo ‘n’ evolution

August 6, 2014 • 7:54 am

I was honored when the Jesus and Mo author asked me to update an old strip he/she did on evolution. It was a good strip to begin with, and I simply added a few lines of evidence for evolution that the artist had neglected. Now I’m famous, for the author noted on today’s strip: “I asked the famous biologist Jerry Coyne to edit this one from last year, and he agreed! It’s much more scientifically sound now. Thanks, Jerry.”  Yay!

2014-08-06Don’t forget that the author is on Patreon, and for as little a dollar a month (you spend four times that much on a latte on Starbucks!), you can support this important strip. Or give more if you have it.  The artist is up to $872 per month, and it would be nice to get it up to a cool grand. Pity there’s no Muslim equivalent of the fatuous “Uncommon Descent” ID site so they could get the vapors over this one.

Oh, and remember that Muslims tend to be creationists, even in the West, for strict adherence to the Qur’an means that even Muslim “faith schools”  that teach evolution adhere to a form of human exceptionalism, whereby evolution might be true but Allah created humans specially and out of nothing.

Restaurant gives discounts to customers praying in public

August 6, 2014 • 6:04 am

A while back, some restaurant, probably in the U.S. South, offered meal discounts to customers coming in on Sunday with a leaflet or bulletin from their church. (I’ve just Googled this and found it was a branch of Denny’s, a national chain, located in Texas.) As I recall, the ACLU or some other civil-rights organization threatened to sue Denny’s for religious discrimination, and the restaurant caved. After all, it’s a violation of  federal law to discriminate in public facilities on the basis of religion.

And that should have been the end of that. But, like the Laernean Hydra, when you cut off one religious head, another replaces it. And so, in the last two weeks, many people have called my attention to stories in several places (including the InquisitrThe Raw Story, and Christian Today about a restaurant in Winston-Salem, North Carolina—Mary’s Gourmet Diner—that was doing something worse: giving customers a 15% discount on their food if they prayed in public in the restaurant! 

I mentioned this to a European friend, who was shocked, as, she said, no such thing is seen in Europe (I’m just reporting what I was told). But surely, I said, some people bow their heads and say a silent grace in rstaurants. “No way,” she said. European readers weigh in: have you see this happen? If so, is it frequent?

The Raw Story reports:

[Customer Jordan] Smith told HLN that she and two business colleagues prayed over their breakfast during a Wednesday outing there. Later, the waitress allegedly “came over at the end of the meal and said, ‘Just so you know, we gave you a 15% discount for praying,’ which I’d never seen before.”

Mary’s Gourmet Diner garnered notice after one customer, Jordan Smith, posted a picture online of her receipt from a recent visit, which contained a 15 percent discount for “praying in public.”

Here’s the image. Clearly “praying in public” is something programmed into the cash register, and gets you a 15% discount:

praying-in-public-discount-religious-discrimination-665x385

Caught with its pants down, the restaurant denied that this was its policy:

While one employee told HLN that it is done regularly, restaurant management denied the allegation in a separate post Friday afternoon.

“I will say that it is not a ‘policy,’” the post stated. “It’s a gift we give at random to customers who take a moment before their meal.”

The post went on to clarify that the “moment” could include prayer or “a moment to breathe,” and that the manager appreciated the “abundance of beautiful food” in the U.S. after living in an unidentified “3rd world country.”

“I NEVER take that for granted,” the post stated. “It warms my heart to see people with an attitude of gratitude. Prayer, meditation or just breathing while being grateful opens the heart chakra.”

But as NPR reported, other visitors to the restaurant’s page questioned the nature of the “gift.”

“Do you give prayer discounts to people who aren’t of your religion?” one commenter asked. “Like Sikh’s or Hindus or Muslims or Jews?”

Others reportedly wondered whether the restaurant’s discount for religious displays violated parts of the Civil Rights Act of 1964, which bans discrimination based on religion in public places.

Yeah, right: a “gift”! Even if it was a “gift,” it’s still illegal, as such gifts aren’t available to nonbelievers.  I wonder if a Muslim, prostrate on the floor of the restaurant, would get the same discount? My guess is that he’d be asked to leave.

At any rate, as Censor of the Year for 2013 I thought it was my duty to report this to the Freedom from Religion Foundation, but it turned out that they were already on the case. (The FFRF is the Official Website Secular Organization™, and is a great outfit! Give them $$ and join!). They sent me a copy of a letter that Elizabeth Cavell, one of their staff attorneys, sent to Mary’s Gourmet restaurant, and I reproduce it below. It turns out that such discounts do indeed violate the Civil Rights Act. As the letter says, “Any promotions must be available to all customers regardless of religious preference or practice on a non-discriminatory basis.”

Screen shot 2014-08-05 at 2.37.37 AM Screen shot 2014-08-05 at 2.37.50 AMThe U.S. is soaked in this kind of deference to faith, and it both embarrasses and disgusts me. It’s fine to practice religion in your home, though I don’t believe a word of it, but imposing it on the public by favoring religious customers is both unconscionable and illegal. I’ll report back with the result of this letter.

I’m adding this lest someone misunderstand my point: it’s perfectly fine to say grace or pray in a restaurant so long as you don’t try to involve the other cusomers. What is not right is for restaurants to give discounts to those who engage in religious displays, for that is public discrimination against religion, a violation of the Civil Rights Act.

Meanwhile, as far as I know there is still silence from Lebanon, Missouri. .  .

 

Readers’ wildlife photos

August 6, 2014 • 4:22 am

I am back but extremly jet-lagged, and I got nothing substantive today. Just be aware of that! Besides, looking at the comments on the Dawkins post, I see that people were pretty busy yesterday.

Diana MacPherson continues her documentation of the chipmunks in her yard, this time with an email containing three photos and the title, “An adorable sequence of chimpmunks grooming.” Her notes:

Here is one of the juvenile chipmunks. Sadly, he seems to be developing mange on his nose & maybe this is why he was grooming so much – it was also a rainy day so perhaps he was just getting clean after getting wet. I love his expression in the second picture, like he’s upset that he forgot something.
I haven’t seen the really mangy one for a couple of days but when I do see her she is hoovering seeds. I suspect she is the mother & is pregnant.

 

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And. . .as lagniappe here’s a beautiful honeybee (Apis sp.) bumblebee (Bombus sp.) from reader Jason. I don’t know from bees, so if you know the species by all means weigh in below. The reader sent it as a “honeybee,” and although I’m okay on dipterans, I fail with hymenopterans.

IMG_3335

 

Wednesday: Hili dialogue

August 6, 2014 • 2:13 am

I am here, and Hili is not. . .

A: Jerry wrote from the airport and asked where you were and what you were doing.
Hili: I have an American Dream.

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In Polish:

Ja: Jerry pisał już z lotniska, pyta gdzie jesteś i co robisz.
Hili: Mam amerykańskie marzenie.

Rare footage: a baby tuatara enters the world

August 5, 2014 • 11:34 am

If you’re a biologist–at least one with an interest in natural history–you’ll know that the lizard-like tuatara of New Zealand (Sphenodon punctatus) is a rare and evolutionarily unusual beast. Like many New Zealand endemics, it’s highly threatened.

The tuatara is the only species in the order Rhynchocephalia; to show you how unusual it is to have an order containing a single species, its sister group (the most closely related order) is Squamata, which includes all lizards and snakes: more than 9,000 species. The two groups split, according to Timetree, about 240 million years ago.

The tuatara, in other words, looks like a lizard but isn’t one, although it was misclassified as a lizard until 1831. Wikipedia notes some of its unique traits:

Though they resemble lizards, the similarity is superficial, because the group has several characteristics unique among reptiles. The typical lizard shape is very common for the early amniotes; the oldest known fossil of a reptile, theHylonomus, resembles a modern lizard.  R.L. Ditmars, Litt.D, says; “The Tuatara resembles in form stout-bodies modern lizards, which we might call iguanas; this resemblance is further intensified by a row of spines upon the back. It is dark olive, the sides sprinkled with pale dots. The eye has a cat-like pupil. Large specimens are two and a half feet long. While superficial resemblance might tend to group this reptile with lizards, its skeleton and anatomy show it to belong to a different part of a technical classification.”

. . . Tuatara are greenish brown and gray, and measure up to 80 cm (31 in) from head to tail-tip and weigh up to 1.3 kg (2.9 lb) with a spiny crest along the back, especially pronounced in males. Their dentition, in which two rows of teeth in the upper jaw overlap one row on the lower jaw, is unique among living species. They are further unusual in having a pronounced photoreceptive eye, the “third eye”, which is thought to be involved in setting circadian and seasonal cycles. They are able to hear, although no external ear is present, and have a number of unique features in their skeleton, some of them apparently evolutionarily retained from fish. Although tuatara are sometimes called “living fossils“, recent anatomical work has shown that they have changed significantly since the Mesozoic era.

And what most biologists know it for:

The tuatara has a third eye on the top of its head called the parietal eye. It has its own lens, cornea, retina with rod-like structures, and degenerated nerve connection to the brain, suggesting it evolved from a real eye. The parietal eye is only visible in hatchlings, which have a translucent patch at the top centre of the skull. After four to six months, it becomes covered with opaque scales and pigment. Its purpose is unknown, but it may be useful in absorbing ultraviolet rays to manufacture vitamin D, as well as to determine light/dark cycles, and help with thermoregulation.

Here’s the remnant of the pareital eye of an adult tuatara; it’s also seen in other “herps” (reptiles and amphibians), but not in a form as pronounced as that of the tuatara.

UPDATE: Jon Losos of Harvard, who should know, tells me the photo below is of an iguana, not a tuatara, and that it’s hard to find good pictures of tuataras that clearly show the third eye.

parietal

But lo, a baby hatches.  This is extremely rare footage of a tuatara hatching, filmed at Victoria University of Wellington and posted on August 1. The YouTube notes give information:

The egg was one of 23 being incubated in captivity as part of a joint initiative with the Department of Conservation and Ngati Manuhiri that has saved a threatened population of tuatara from extinction.

Can you see the pareital eye?

And you’ll want to know this:

Tuatara, like many of New Zealand’s native animals, are threatened by habitat loss and introduced predators, such as the Polynesian rat (Rattus exulans). They were extinct on the mainland, with the remaining populations confined to 32 offshore islands, until the first mainland release into the heavily fenced and monitored Karori Sanctuaryin 2005.

During routine maintenance work at Karori Sanctuary in late 2008, a tuatara nest was uncovered, with a hatchling found the following autumn. This is thought to be the first case of tuatara successfully breeding on the New Zealand mainland in over 200 years, outside of captive rearing facilities.

Here’s an adult tuatara; perhaps I’ll get to see one on my bucket-list trip to New Zealand to tend the kakapos (and, of course, visit Jerry Coyne the Cat):

30-ish_male_tuatara

h/t: Gordon