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Author

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In legal terms, an author is the creator of an original work.

James Joyce by Alex Ehrenzweig, 1915 cropped
James Joyce by Alex Ehrenzweig, 1915 cropped

This work can be written, graphic, visual, or recorded. While many people associate the term with writers of books or plays, it is much broader. A painter is the author of a painting. A composer is the author of a musical composition. The process of creating these works is called authorship. This title carries significant legal weight regarding who owns the creation.

Copyright law provides the framework for how authorship is managed. In the United States, the Copyright Office defines copyright as protection for original works of authorship. Usually, the person who creates the work is the first owner of the copyright. However, there are exceptions like "work for hire." In these cases, an employer or a commissioning party is legally considered the author. This happens even if someone else actually created the work.

James Joyce by Alex Ehrenzweig, 1915 cropped
James Joyce by Alex Ehrenzweig, 1915 cropped

Being an author grants specific exclusive rights. The copyright holder can authorize the production or distribution of their work. Anyone wishing to use this intellectual property must receive permission. They are often required to pay for the right to use the material. These rights do not last forever. Eventually, the work enters the public domain. Once in the public domain, it can be used by anyone without limits. Many jurisdictions have amended laws to extend this period of exclusive control.

Determining who qualifies as an author can lead to complex disputes. For example, the law often requires a human creator. In the 2010s, a famous dispute involved Celebes crested macaques. These monkeys used a photographer's equipment to take selfies. The photographer claimed authorship of these photos. However, the United States Copyright Office denied this claim. They stated that a work must be created by a human being to qualify.

James Joyce by Alex Ehrenzweig, 1915 cropped
James Joyce by Alex Ehrenzweig, 1915 cropped

The history of authorship is tied to foundational legal documents. The Statute of Anne in 1710 set a major precedent. It established the author as the sole creator of a literary work. This law protected an author's specific expression but not their ideas. This meant a writer could copy a plot as long as the words were different. In the United States, the Constitution also addresses this. Article I, Section 8, Clause 8 gives Congress the power to secure rights for authors.

James Joyce by Alex Ehrenzweig, 1915 cropped
James Joyce by Alex Ehrenzweig, 1915 cropped

Founding figures like James Madison and Charles Pinckney helped shape these ideas. They wanted to encourage the advancement of useful knowledge. They proposed securing exclusive rights for a limited time. This balance helps protect creators while eventually benefiting the public. Modern discussions also involve generative artificial intelligence. Experts are currently debating the authorship of media generated by AI.

James Joyce by Alex Ehrenzweig, 1915 cropped
James Joyce by Alex Ehrenzweig, 1915 cropped

Authors use different methods to share their work with the world. In self-publishing, the author acts as their own publisher. They take full responsibility for costs like editing and printing. In traditional publishing, the publisher handles the financial burden. In Canada, this approach became widespread in the 1920s. Some authors may receive royalties, which are a percentage of sales. There is also vanity publishing, where authors pay a flat fee to be published. This is often seen as a way to reach niche audiences.

Beyond the law, philosophers study the nature of authorship. Roland Barthes wrote an essay called "Death of the Author" in 1968. He argued that language speaks rather than the author. He believed a text is a "tissue of quotations" from many cultures. Michel Foucault also examined this in his 1969 essay, "What is an Author?" He suggested the author functions as a structure within the work. These thinkers suggest that readers should focus on the language itself. They believe the meaning of a work does not always belong to the person who wrote it.

James Joyce by Alex Ehrenzweig, 1915 cropped
James Joyce by Alex Ehrenzweig, 1915 cropped
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