From Symbolic Interaction Through Elephant’s Painting to Copyright Issue

Abstract

        This article aims to elucidate the phenomenon of painting by an elephant as a creative endeavor that unfolds through symbolic interactions between the artist, a mahout, and an elephant, and the reflections of ecological consciousness portrayed in the artworks. The process of painting creation is depicted as a co-creation that arises from a symbiotic relationship between humans and elephant. The resulting paintings reflect values in both ecological ethics and aesthetics aspects, communicated through symbolic interactions; iconic representation highlight the fertility of nature and the relationship between elephants and the environment. Furthermore, these artworks hold economic value, contributing to the income of elephant caretakers and associated organizations. A relevant issue arising from this is the rights surrounding the economic aspects of the artworks, specifically intellectual property rights. The article discusses the legal perspective based on the Copyright Act of 1994, which grants copyright to individuals for their creative works. However, the legislation does not explicitly cover elephants. If a person significantly contributes to the completion of the artwork, it may be argued that they play a crucial role in the creative process and should have a claim to copyright.