The judges of the U.S. Court of Appeals for the Ninth Circuit voted Aug. 31 against a single judge’s request to reopen the case of Naruto, a crested black macaque who took a smiling photo of himself with a smartphone. The 2011 photo went viral.

A three-judge panel of the appeals court in April rejected 2-1 a bid by People for the Ethical Treatment of Animals that Naruto should have enforceable rights. The panel said Naruto didn’t have standing to sue because the Copyright Act gives rights only to humans.

Photographer David Slater, whose camera shot the famous selfie on a wildlife reserve in Indonesia, settled the case with PETA in September. But the appeals court issued a ruling anyway, questioning whether PETA could settle on Naruto’s behalf.

The case is Naruto v. Slater, 9th Cir. App., No. 16-15469, rejected request for en banc rehearing 8/31/18.