ABSTRACT
While animal rights have been the subject of growing philosophical and legal interest, the domain of intellectual property rights for animals remains underexamined. This article examines whether non-human animals could qualify for copyright protection under Australian law. Focusing on the requirements of originality and authorship by a ‘qualified person’ under the Copyright Act 1968 (Cth), it argues that some animal-created works may satisfy the originality threshold and, if animals were recognised as legal persons, could meet the authorship requirement. The article also addresses objections based on copyright’s incentive rationale, concluding that legal protection does not depend on an author’s awareness of incentives. While not arguing that animals should hold copyright, the article demonstrates that, in principle, they could under current law.
Isaac Collins, The prospects of extending copyright to non-human creators in Australia, Alternative Law Journal. First published online 3 July 2025.
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