Page:Naruto v. Slater.pdf/7

 '''II. Article III Standing'''

The Cetacean court held that all of the world’s whales, dolphins, and porpoises (the “Cetaceans”), through their self-appointed lawyer, alleged facts sufficient to establish standing under Article III. 386 F.3d at 1175. The Cetaceans alleged concrete physical injuries caused by the Navy’s sonar systems in a suit brought by the “self-appointed attorney for all of the world’s whales, porpoises, and dolphins.” Id. at 1171. The Ninth Circuit made clear that the “sole plaintiff in this case” is the Cetaceans and did not discuss “next friend” or third-party standing. Id. Although the Ninth Circuit affirmed the district court’s dismissal because the Cetaceans lacked statutory standing under the environmental statutes at issue in that ease, the court stated that “Article III does not compel the conclusion that a statutorily authorized suit in the name of an animal is not a ‘case or controversy.’ ” Id. at 1175.

Here, the complaint alleges that Naruto is the author and owner of the Monkey Selfies. The complaint further alleges that Naruto has suffered concrete and particularized economic harms as a result of the infringing conduct by the Appellees, harms that can be redressed by a judgment declaring Naruto as the author and owner of the Monkey Selfies. Under Cetacean, the complaint includes facts sufficient to establish Article III standing.