Since the bacteria created the image, are the photos themselves copyrightable? I assume that the scans definitely are.
The photos are copyrightable, but by who? David Slater left his camera for a macaque to take a picture, and the monkey has won at least one court battle.
Seems like the bacteria have the copyright, here. So Seung-Hwan Oh left them alone with some photographs. It’s not like he stood there directing them, or even giving them any suggestions whatsoever. From the sounds of it, he was barely there at all when the work was being created.
It’s not uncommon for outsider artists to have credit for their work claimed by established artists who really do nothing more than provide them an environment where they can create.
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