Can You Copyright an Animal? The Wild Side of Copyright Law

Can copyright law extend to living creatures like animals? This article explores whether or not you can copyright your favorite pet. We’ll define copyrights and examine the basics of copyright law: what it is and what it protects.

Understanding copyrights

As stipulated by the USPTO, a copyright is a form of intellectual property that protects original works of authorship. It creates an opportunity for authors, artists, and companies to showcase their work to larger audiences. Copyrights protect creative works in the US and around the world.

Why can't you copyright an animal?

Copyrights are designed to protect original works of authorship, such as books, art, or music. Therefore, no, you can’t copyright an animal. It’s not a creation of authorship; rather, it exists naturally.

Copyrighting is based on the concept of human creativity. Animals that exist naturally are outside the realm of what can be protected. Though you can care for and nurture an animal, you don’t create it in a sense to warrant copyright protection. Animals aren’t a product of human ingenuity. 

Serious ethical and legal issues may arise if a copyright is granted for an animal. It would spark a debate over the extent to which humans can own and control living creatures. This may blur the lines between property rights and the conscious value of life.

Copyrighting artistic representations of animals

It’s critical to distinguish between animals themselves and their artistic representations. While you might not be able to copyright an animal, you can copyright artistic works that are inspired by or showcase animals - such works include:

1. Videos and photographs: You can copyright original videos and images of animals. This gives you the exclusive rights to reproduce, distribute, and display your videos and photographs for commerce.
2. Paintings and drawings: Artistic renderings of animals, whether realistic or abstract, can be copyrighted. Drawings or paintings are works of visual art and thus fall under copyright law.
3. Sculptures: Three-dimensional representations of animals can also be protected under copyright law.
4. Fictional characters: if you create a fictional character from an animal, e.g., Mickey Mouse or Donald Duck, you can copyright the character’s unique design and personality.

Legal protections for animals

Since you can’t copyright animals, other legal frameworks exist that stipulate animal ownership and protection.

• Property laws: In some states, animals are considered property. Therefore, there are defined ownership rights and responsibilities regarding animals. This includes the right to own, control, or benefit from an animal. 
• Breed registries: Such organizations keep breeding records of animals. The registry is used to establish the lineage and ownership of purebred animals in the country. Some of these groups are the American Kennel Club, the American Holstein Association, and the Cat Fanciers’ Association.
• Animal welfare laws: These laws exist to protect animals from neglect, cruelty, or abuse. Animal welfare laws may vary from one jurisdiction to another and are meant to ensure the humane treatment of animals.

Intellectual property (IP) and biotechnology

Daily advancements in biotechnology continue to complicate the question of copyrighting animals. For instance, genetically modified animals will be considered closer to human creations. Copyright law, however, is unlikely to apply directly to the case of an animal. Instead, patents and other forms of IP protection may be relevant to specific genetic modifications and technologies used in creating the animal.

What can be copyrighted?

A copyright protects original works of authorship from unauthorized use by others. Copyrightable works include literary, dramatic, musical, and artistic works such as books, plays, music, lyrics, paintings, sculptures, video games, movies, sound recordings, and software. 

The work of authorship must be fixed in a tangible medium of expression to be eligible for protection under copyright law. For example, music can be fixed in digital format or on tape. Visual work can be presented on a canvas or as a scone sculpture.

Copyright protects only the expression of an idea, not the idea itself. This ensures that only the author’s contributions to the work are protected and not the underlying ideas, which are available to the public for free. The law doesn’t cover ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries.

Copyright and animals: What the law allows and what it doesn’t

Copyrighting is only applicable to works of human authorship. This means animals are outside the scope of protection under this particular law. However, it’s possible to copyright images, videos, and other forms of visual art inspired by animals. Additionally, you can seek the services of an intellectual property rights attorney to understand the scope of copyrighting and the process of protecting works drawn from animals.

Additional resources

• A Step-By-Step Guide | How to File a Copyright
• How Much Does it Cost to Get a Copyright?
• How Long Does a Copyright Last? A Detailed Guide
• Secure Your Photos: A Guide to Copyrighting Your Images
• Essential IP and Copyright Protection Tips from Attorney Victoria Walker

Glossary of legal terms

• Intellectual property (IP): Refers to creations of the mind - these include literary and artistic works, innovations. 
• Copyright: A copyright is a federally granted property right that protects rights holders from certain unauthorized uses of their original works of authorship. 
• United States Patent and Trademarks Office (USPTO): The federal authority responsible for the enforcement of trademark, copyright, and patent laws in the United States.