“Les Fauves” (French for “wild beasts”) were a group of painters in the
early twentieth century, led by Henri Matisse.1 Art critics used this derogatory term
to describe the group because of the artists’ use of bold colors, free form, and large
brush strokes.2 These same characteristics are applicable to describe much of the
work by animal artists.3 However, this paper attempts to demonstrate that animal
artists are far from mere “wild beasts.”
Animal art is a topic that merits discussion. Art works by animals have
received considerable media attention in recent times. Moreover, some of these
works sell for considerable sums.4 Furthermore, a great deal of animal art reflects
several creative choices on the part of the animal. As a result, these works should
be protected under United States copyright law. Moreover, there appears to be
a presumption that the institution that owns the animal also owns any existing
copyrights in the works, as well as the proceeds obtained from the sale of the
animal’s creations. This paper explores whether animal works are copyrightable
under United States law, and, if so, who is the owner of these copyrights.