PHILADELPHIA (CBS) – A federal appeals court settles some monkey business over an animal selfie.

The court says animals lack the ability to sue for artistic works they create.

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“We believe the court’s decision discriminates against him, simply because he is not human,” said PETA Attorney Jeff Kerr.

The monkey is Naruto who took these selfies with wildlife photographer David Slater’s camera.

Animal rights group PETA filed the suit on behalf of the monkey, saying he earned profits from Slater’s book.

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“The monkey does not have standing to go into federal court to sue over copyright infringement,” said Slater’s attorney Andrew Duhey.

The court says in this case, the monkey, and all animals, lack standing to sue under the copyright act, since they’re not human.