Circus, Entertainment, Rodeos

Naruto v. Slater (PETA)

Summary: This complaint addresses what has come to be known as the "Monkey Selfie" case. People for the Ethical Treatment of Animals, Inc. (PETA) and Antje Engelhardt, Ph.D., as Plaintiff's next friends, filed this lawsuit on behalf of Plaintiff Naruto, a six-year-old male member of the Macaca nigra species (also known as a crested macaque) who lives in the Tangkoko Reserve on the island of Sulawesi, Indonesia. In 2011, Naruto took a number of photographs of himself, including one that became famous as the “Monkey Selfie.” In 2014, Defendant Slater and Defendant Blurb, Inc. published and sold a book in the United States that contained copies of the Monkey Selfies and stated in that book that Slater and Defendant Wildlife Personalities, Ltd. are the copyright owners of the Monkey Selfies. In this complaint, PETA contends that the Monkey Selfies "resulted from a series of purposeful and voluntary actions by Naruto, unaided by Slater, resulting in original works of authorship not by Slater, but by Naruto." Thus, according to PETA, Naruto has rights to the Monkey Selfies and owns that copyright. PETA observes that "while the claim of authorship by species other than homo sapiens may be novel, 'authorship' under the Copyright Act, 17 U.S.C. § 101 et seq., is sufficiently broad so as to permit the protections of the law to extend to any original work, including those created by Naruto." As a result, PETA argues that Naruto should be afforded the protection of a claim of ownership, and the right to recover damages and other relief for copyright infringement. PETA also seeks to enjoin and restrain Defendants from copying, licensing, or distributing the Monkey Selfies and claims damages on behalf of Naruto for the unauthorized use of the pictures.

This complaint addresses what has come to be known as the "Monkey Selfie" case. People for the Ethical Treatment of Animals, Inc. (PETA) and Antje Engelhardt, Ph.D., as Plaintiff's next friends, filed this lawsuit on behalf of Plaintiff Naruto, a six-year-old male member of the Macaca nigra species (also known as a crested macaque) who lives in the Tangkoko Reserve on the island of Sulawesi, Indonesia. In 2011, Naruto took a number of photographs of himself, including one that became famous as the “Monkey Selfie.” In 2014, Defendant Slater and Defendant Blurb, Inc. published and sold a book in the United States that contained copies of the Monkey Selfies and stated in that book that Slater and Defendant Wildlife Personalities, Ltd. are the copyright owners of the Monkey Selfies. In this complaint, PETA contends that the Monkey Selfies "resulted from a series of purposeful and voluntary actions by Naruto, unaided by Slater, resulting in original works of authorship not by Slater, but by Naruto." Thus, according to PETA, Naruto has rights to the Monkey Selfies and owns that copyright. PETA observes that "while the claim of authorship by species other than homo sapiens may be novel, 'authorship' under the Copyright Act, 17 U.S.C. § 101 et seq., is sufficiently broad so as to permit the protections of the law to extend to any original work, including those created by Naruto." As a result, PETA argues that Naruto should be afforded the protection of a claim of ownership, and the right to recover damages and other relief for copyright infringement. PETA also seeks to enjoin and restrain Defendants from copying, licensing, or distributing the Monkey Selfies and claims damages on behalf of Naruto for the unauthorized use of the pictures.

Redefining The Modern Circus: A Comparative Look At The Regulations Governing Circus Animal Treatment And America's Neglect Of Circus Animal Welfare

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Summary: First, this article explains how animals have entertained people for centuries. Next, the article addresses how animals are treated in the modern circus industry. Then, this article discusses the laws governing the circus industry both in the United States and in other countries. Lastly, this article explains where the animals may retire if the circus industry is prohibited from holding animals captive.

First, this article explains how animals have entertained people for centuries. Next, the article addresses how animals are treated in the modern circus industry. Then, this article discusses the laws governing the circus industry both in the United States and in other countries. Lastly, this article explains where the animals may retire if the circus industry is prohibited from holding animals captive.

Animal Legal Defense Fund v. California Exposition and State Fairs

Summary: Plaintiffs brought a taxpayer action against defendants based on allegations that defendants committed animal cruelty every summer by transporting pregnant pigs and housing them in farrowing crates at the state fair. One defendant, joined by the other, demurred, contending plaintiffs' complaint failed to state a cause of action for three distinct reasons, including that California's animal cruelty laws were not enforceable through a taxpayer action. The trial court agreed on all accounts, and sustained the demurrer without leave to amend. The Court of Appeals addressed only one of plaintiffs' claims, that contrary to the trial court's conclusion, plaintiffs could assert a taxpayer action to enjoin waste arising out of defendants' alleged violation of the animal cruelty laws. Like the trial court, the appeals court rejected plaintiffs' contention, concluding that they could not circumvent the prohibition recognized in Animal Legal Defense Fund v. Mendes (2008) 160 Cal.App.4th 136, which concluded that recognition of a private right of action under West's Ann.Cal.Penal Code § 597t would be inconsistent with the Legislature's entrustment of enforcement of anti-cruelty laws to local authorities and humane societies, by couching their claim as a taxpayer action. The lower court’s decision was therefore affirmed.

Plaintiffs brought a taxpayer action against defendants based on allegations that defendants committed animal cruelty every summer by transporting pregnant pigs and housing them in farrowing crates at the state fair. One defendant, joined by the other, demurred, contending plaintiffs' complaint failed to state a cause of action for three distinct reasons, including that California's animal cruelty laws were not enforceable through a taxpayer action. The trial court agreed on all accounts, and sustained the demurrer without leave to amend. The Court of Appeals addressed only one of plaintiffs' claims, that contrary to the trial court's conclusion, plaintiffs could assert a taxpayer action to enjoin waste arising out of defendants' alleged violation of the animal cruelty laws. Like the trial court, the appeals court rejected plaintiffs' contention, concluding that they could not circumvent the prohibition recognized in Animal Legal Defense Fund v. Mendes (2008) 160 Cal.App.4th 136, which concluded that recognition of a private right of action under West's Ann.Cal.Penal Code § 597t would be inconsistent with the Legislature's entrustment of enforcement of anti-cruelty laws to local authorities and humane societies, by couching their claim as a taxpayer action. The lower court’s decision was therefore affirmed.

Finland - Animal Welfare Act

Summary: The objective of the Finnish Animal Welfare Act is to protect animals from distress, pain and suffering in the best possible way. Another objective is to promote the welfare and good treatment of animals. In meeting these objectives, the Act prohibits inflicting undue pain and distress on animals; what is considered undue pain and distress is discussed by decree. The act also contains special provisions concerning hunting, keeping wild animals in zoos, fishing, veterinary medication, animal breeding, artificial propagation of animals, animal testing on vertebrates, animal transportation, gene technology and nature conservation.

The objective of the Finnish Animal Welfare Act is to protect animals from distress, pain and suffering in the best possible way. Another objective is to promote the welfare and good treatment of animals. In meeting these objectives, the Act prohibits inflicting undue pain and distress on animals; what is considered undue pain and distress is discussed by decree. The act also contains special provisions concerning hunting, keeping wild animals in zoos, fishing, veterinary medication, animal breeding, artificial propagation of animals, animal testing on vertebrates, animal transportation, gene technology and nature conservation.

Agreement APHIS v. FEI

Summary: This agreement was entered into by APHIS and Feld Entertainment, Inc. (FEI). FEI is an exhibitor under the Animal Welfare Act and was issued non-compliance reports after numerous inspections. In this agreement, FEI paid $270,000 to the US Treasurer and had to develop and implement annual training to all of its personnel who worked with animals. The agreement also contains provisions that APHIS would not take action against FEI if FEI followed the agreement.

This agreement was entered into by APHIS and Feld Entertainment, Inc. (FEI). FEI is an exhibitor under the Animal Welfare Act and was issued non-compliance reports after numerous inspections. In this agreement, FEI paid $270,000 to the US Treasurer and had to develop and implement annual training to all of its personnel who worked with animals. The agreement also contains provisions that APHIS would not take action against FEI if FEI followed the agreement.

In Re Jackie King

Summary: This is a petition for a Writ of Mandamus ordering Potter County Sheriff to revoke all certificates to Charles Azzopardi, doing business as Texas Wildlife Center, due to violations of the Dangerous Wild Animal Act. Also included are exhibits and affidavits.

This is a petition for a Writ of Mandamus ordering Potter County Sheriff to revoke all certificates to Charles Azzopardi, doing business as Texas Wildlife Center, due to violations of the Dangerous Wild Animal Act. Also included are exhibits and affidavits.

Chile - Animal Welfare- Animal Protection Act (in Spanish)

Summary: Ley 20.380 is the is the Chilean Animal Protection Statute. It recognizes animals as living beings and establishes the norms for the “recognition, protection and respect of animals” in order to avoid unnecessary pain and suffering. This law punishes animal cruelty with imprisonment of up to 3 years. Labs, zoos, circuses, and other establishments that keep animals for exhibition and entertainment are allowed, so long as they have the adequate facilities according to the species and adequate safety for people. Animal experimentation in schools is allowed under this law. Rodeo, rein-back and equestrian sports are excepted from provisions of this law.

Ley 20.380 is the is the Chilean Animal Protection Statute. It recognizes animals as living beings and establishes the norms for the “recognition, protection and respect of animals” in order to avoid unnecessary pain and suffering. This law punishes animal cruelty with imprisonment of up to 3 years. Labs, zoos, circuses, and other establishments that keep animals for exhibition and entertainment are allowed, so long as they have the adequate facilities according to the species and adequate safety for people. Animal experimentation in schools is allowed under this law. Rodeo, rein-back and equestrian sports are excepted from provisions of this law.

The welfare of greyhounds in Australian racing: has the industry run its course?

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Summary: Australia’s greyhound racing industry is reportedly the third largest in the world. Over fifty racetracks operate across the country, with the majority located in New South Wales. In 2009 the total 'stake money,' that is, the amount put at risk by punters, was $73,773 million nationwide. This article explores welfare issues in the greyhound industry, arguing that, despite recent regulatory reforms and industry efforts to improve welfare standards, there is sufficient evidence available to conclude Australia should follow the lead set by the USA and begin dismantling a sporting industry which has run its course. In short, this form of animal use can no longer be justified as 'necessary.'

Australia’s greyhound racing industry is reportedly the third largest in the world. Over fifty racetracks operate across the country, with the majority located in New South Wales. In 2009 the total 'stake money,' that is, the amount put at risk by punters, was $73,773 million nationwide. This article explores welfare issues in the greyhound industry, arguing that, despite recent regulatory reforms and industry efforts to improve welfare standards, there is sufficient evidence available to conclude Australia should follow the lead set by the USA and begin dismantling a sporting industry which has run its course. In short, this form of animal use can no longer be justified as 'necessary.'

MA - Initiatives - Question 3, 2000 (dog racing)

Summary: This Massachusetts ballot question asked voters in 2000 whether they wanted to prohibit in Massachusetts any dog racing where any form of betting or wagering on the speed or ability of dogs occurs. Any person violating the proposed law could be required to pay a civil penalty of not less than $20,000 to the State Racing Commission. The question failed with 49% voting "yes" and 51% voting "no" on the question.

This Massachusetts ballot question asked voters in 2000 whether they wanted to prohibit in Massachusetts any dog racing where any form of betting or wagering on the speed or ability of dogs occurs. Any person violating the proposed law could be required to pay a civil penalty of not less than $20,000 to the State Racing Commission. The question failed with 49% voting "yes" and 51% voting "no" on the question.

MA - Initiatives - 2008 Question 3 (dog racing)

Summary: This proposed law would prohibit any dog racing or racing meeting in Massachusetts where any form of betting or wagering on the speed or ability of dogs occurs. The State Racing Commission would be prohibited from accepting or approving any application or request for racing dates for dog racing. Any person violating the proposed law could be required to pay a civil penalty of not less than $20,000 to the Commission. All existing parts of the chapter of the state's General Laws concerning dog and horse racing meetings would be interpreted as if they did not refer to dogs. These changes would take effect January 1, 2010. The measure was approved by a margin of 65% to 35 %.

This proposed law would prohibit any dog racing or racing meeting in Massachusetts where any form of betting or wagering on the speed or ability of dogs occurs. The State Racing Commission would be prohibited from accepting or approving any application or request for racing dates for dog racing. Any person violating the proposed law could be required to pay a civil penalty of not less than $20,000 to the Commission. All existing parts of the chapter of the state's General Laws concerning dog and horse racing meetings would be interpreted as if they did not refer to dogs. These changes would take effect January 1, 2010. The measure was approved by a margin of 65% to 35 %.