Author

{{short description|Creator of an original work}}
{{other uses}}
{{Multiple issues|{{more citations needed|date=October 2017}}
{{Tone|date= October 2022}}}}
{{Use dmy dates|date=June 2022}}

In legal discourse, an '''author''' is the creator of an original work, whether that work is in written, graphic, or recorded medium.<ref name="LII">{{cite web|url=https://www.law.cornell.edu/wex/author |title=Author|publisher=Cornell Law School Legal Information Institute|access-date=June 18, 2023}}</ref> The creation of such a work is an act of '''authorship'''. Thus, a [[sculptor]], [[painter]], or [[composer]], is an author of their respective sculptures, paintings, or compositions, even though in common parlance, an author is often thought of as the [[writer]] of a [[book]], [[Article (publishing)|article]], [[Play (theatre)|play]], or other [[written work]].<ref>{{Cite web |title=AUTHOR {{!}} English Meaning - Cambridge Dictionary |url=https://dictionary.cambridge.org/dictionary/english/author |url-status=live |archive-url=https://web.archive.org/web/20230306044847/https://dictionary.cambridge.org/dictionary/english/author |archive-date=Mar 6, 2023 |website=Cambridge Dictionary}}</ref> In the case of a [[work for hire]], the employer or commissioning party is considered the author of the work, even if they did not write or otherwise create the work, but merely instructed another individual to do so.<ref name="LII"/>

Typically, the first owner of a [[copyright]] is the person who created the work, i.e. the author. If more than one person created the work, then a case of [[joint authorship]] takes place. [[Copyright law]]s differ around the world. The [[United States Copyright Office]], for example, defines copyright as "a form of protection provided by the laws of the [[United States]] (title 17, U.S. Code) to authors of 'original works of authorship.{{'"}}<ref name=":0">{{Citation |title=Copyright Office Basics |date=July 2006 |url=http://www.copyright.gov/circs/circ1.html |archive-url=https://web.archive.org/web/20080328100026/http://www.copyright.gov/circs/circ1.html |publisher=[[U.S. Copyright Office]] |access-date=30 March 2007 |archive-date=28 March 2008 |url-status=dead}}</ref><ref name=":1">{{Cite web |title=U.S.C. Title 17 - COPYRIGHTS |url=https://www.govinfo.gov/content/pkg/USCODE-2011-title17/html/USCODE-2011-title17.htm |access-date=2022-10-20 |website=www.govinfo.gov}}</ref>

Some works are considered to be authorless. For example, the [[monkey selfie copyright dispute]] in the 2010s involved photographs taken by [[Celebes crested macaque]]s using equipment belonging to a nature photographer. The [[photographer]] asserted authorship of the photographs, which the [[United States Copyright Office]] denied, stating: "To qualify as a work of 'authorship' a work must be created by a human being".<ref name="Compendium313.2">{{cite web |url=https://www.copyright.gov/comp3/docs/compendium-12-22-14.pdf |title=Compendium of U.S. Copyright Office Practices, § 313.2 |page=22 |publisher=[[United States Copyright Office]] |date=22 December 2014 |access-date=27 April 2015 |quote=To qualify as a work of 'authorship' a work must be created by a human being. ... Works that do not satisfy this requirement are not copyrightable. The Office will not register works produced by nature, animals, or plants.}}</ref> More recently, questions have arisen as to whether images or text created by a [[generative artificial intelligence]] have an author.

==Legal significance of authorship==
Holding the title of "author" over any "literary, dramatic, musical, artistic, [or] certain other intellectual works" gives rights to this person, the owner of the copyright, especially the exclusive right to engage in or authorize any production or distribution of their work.<ref name=":0" /><ref name=":1" /> Any person or entity wishing to use intellectual property held under copyright must receive permission from the copyright holder to use this work, and often will be asked to pay for the use of copyrighted material.<ref name=":1" />

The copyrights on intellectual work expire after a certain time. It enters the [[public domain]], where it can be used without limit.<ref name=":1" /> Copyright laws in many jurisdictions – mostly following the lead of the United States, in which the entertainment and publishing industries have very strong [[lobbying]] power – have been amended repeatedly since their inception, to extend the length of this fixed period where the work is exclusively controlled by the copyright holder. Technically, someone owns their work from the time it's created. A notable aspect of authorship emerges with copyright in that, in many jurisdictions, it can be passed down to another, upon one's death. The person who inherits the copyright is not the author, but has access to the same legal benefits.

Intellectual property laws are complex. Works of fiction involve [[trademark law]], [[likeness rights]], [[fair use]] rights held by the public (including the right to [[parody]] or [[satirize]]), and many other interacting complications.<ref>{{Cite web |date=2013-03-29 |title=Overview of Intellectual Property Laws |url=https://fairuse.stanford.edu/overview/introduction/intellectual-property-laws/ |access-date=2022-12-28 |website=Stanford Copyright and Fair Use Center |language=en-US}}</ref>

Authors may portion out the different rights that they hold to different parties at different times, and for different purposes or uses, such as the right to adapt a plot into a film, television series, or video game. If another party chooses to adapt the work, they may have to alter plot elements or character names in order to avoid infringing previous adaptations. An author may also not have rights when working under contract that they would otherwise have, such as when creating a [[work for hire]] (e.g., hired to write a city tour guide by a municipal government that totally owns the copyright to the finished work), or when writing material using intellectual property owned by others (such as when writing a novel or screenplay that is a new installment in an already established media franchise).

In the United States, the [[Copyright Clause]] of the [[Constitution of the United States]] ([[Article One of the United States Constitution#Section 8: Powers of Congress|Article I, Section 8, Clause 8]]) provides the Congress with the power of "securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries".<ref name=crs>{{cite book |title=U.S. Constitution Annotated |publisher=Congressional Research Service |url=https://www.law.cornell.edu/constitution-conan/article-1/section-8/clause-8/copyrights-and-patents |access-date=17 September 2021 |chapter=COPYRIGHTS AND PATENTS}}</ref> The language regarding authors was derived from proposals by [[Charles Pinckney (governor)|Charles Pinckney]], "to secure to authors exclusive rights for a limited time", and by [[James Madison]], "to secure to literary authors their copyrights for a limited time", or, in the alternative, "to encourage, by proper premiums & Provisions, the advancement of useful knowledge and discoveries".<ref name="William F. Patry 1994">William F. Patry, ''Copyright Law and Practice'' (1994).</ref> Both proposals were referred to the [[Committee of Detail]], which reported back a proposal containing the final language, which was incorporated into the Constitution by unanimous agreement of the convention.<ref name="William F. Patry 1994"/>

==Philosophical views of the nature of authorship==
{{expand section|information about any theories of authorship other than postmodern ones. What do other philosophers think of authorship?|date=August 2021}}
[[File:James Joyce by Alex Ehrenzweig, 1915 cropped.jpg|thumb|227x227px|[[James Joyce]] was a prominent Irish novelist, poet and literary critic during the 20th century.]]
In literary theory, critics find complications in the term ''author'' beyond what constitutes authorship in a legal setting. In the wake of [[postmodern literature]], critics such as [[Roland Barthes]] and [[Michel Foucault]] have examined the role and relevance of authorship to the meaning or interpretation of a literary text.

Barthes challenges the idea that a text can be attributed to any single author. He writes, in his essay "Death of the Author" (1968), that "it is language which speaks, not the author."<ref name="barthes">{{Citation
| last = Barthes
|first = Roland |
chapter = The Death of the Author |
year = 1968 |
title = Image, Music, Text |publisher = Fontana Press |
publication-date = 1997 | isbn = 0-00-686135-0}}</ref> The words and language of a text itself determine and expose meaning for Barthes, and not someone possessing legal responsibility for the process of its production. Every line of written text is a mere reflection of references from any of a multitude of traditions, or, as Barthes puts it, "the text is a tissue of quotations drawn from the innumerable centers of culture"; it is never original.<ref name="barthes"/> With this, the perspective of the author is removed from the text, and the limits formerly imposed by the idea of one authorial voice, one ultimate and universal meaning, are destroyed. The explanation and meaning of a work does not have to be sought in the one who produced it, "as if it were always in the end, through the more or less transparent allegory of the fiction, the voice of a single person, the author 'confiding' in us."<ref name="barthes"/> The psyche, culture, fanaticism of an author can be disregarded when interpreting a text, because the words are rich enough themselves with all of the traditions of language. To expose meanings in a written work without appealing to the celebrity of an author, their tastes, passions, vices, is, to Barthes, to allow language to speak, rather than author.

Michel Foucault argues in his essay "What is an author?" (1969) that all authors are writers, but not all writers are authors. He states that "a private letter may have a signatory—it does not have an author."<ref name="Foucault">{{Citation |
last = Foucault |
first = Michel |
chapter = What is an Author? |
year = 1969 |
editor-last = Harari |
editor-first = Josué V. |
title = Textual Strategies: Perspectives in Post-Structuralist Criticism |
publisher = Cornell University Press |
place = Ithaca, NY |
publication-date = 1979 }}</ref> For a reader to assign the title of author upon any written work is to attribute certain standards upon the text which, for Foucault, are working in conjunction with the idea of "the author function."<ref name="Foucault"/> Foucault's author function is the idea that an author exists only as a function of a written work, a part of its structure, but not necessarily part of the interpretive process. The author's name "indicates the status of the discourse within a society and culture," and at one time was used as an anchor for interpreting a text, a practice which Barthes would argue is not a particularly relevant or valid endeavour.<ref name="Foucault"/>

Expanding upon Foucault's position, [[Alexander Nehamas]] writes that Foucault suggests "an author [...] is whoever can be understood to have produced a particular text as we interpret it," not necessarily who penned the text.<ref>{{Citation |
last = Hamas |
first = Alexander |
title = What An Author Is |
journal = The Journal of Philosophy |
volume = 83 |
issue = 11 |
pages = 685–691 |
publisher = Eighty-Third Annual Meeting American Philosophical Association, Eastern Division |date=November 1986
 |doi=10.5840/jphil1986831118}}</ref> It is this distinction between producing a written work and producing the interpretation or meaning in a written work that both Barthes and Foucault are interested in. Foucault warns of the risks of keeping the author's name in mind during interpretation, because it could affect the value and meaning with which one handles an interpretation.

Literary critics Barthes and Foucault suggest that readers should not rely on or look for the notion of one overarching voice when interpreting a written work, because of the complications inherent with a writer's title of "author." They warn of the dangers interpretations could suffer from when associating the subject of inherently meaningful words and language with the personality of one authorial voice. Instead, readers should allow a text to be interpreted in terms of the language as "author."

==Relationship with publisher==

===Self-publishing===
{{Main|Self-publishing}}
Self-publishing is a model where the author takes full responsibility and control of arranging financing, editing, printing, and distribution of their own work. In other words, the author also acts as the publisher of their work.

===Traditional publishing===
With commissioned publishing, the publisher makes all the publication arrangements and the author covers all expenses.

The author of a work may receive a percentage calculated on a wholesale or a specific price or a fixed amount on each book sold. Publishers, at times, reduced the risk of this type of arrangement, by agreeing only to pay this after a certain number of copies had sold. In Canada, this practice occurred during the 1890s, but was not commonplace until the 1920s. Established and successful authors may receive advance payments, set against future royalties, but this is no longer common practice. Most independent publishers pay royalties as a percentage of net receipts – how net receipts are calculated varies from publisher to publisher. Under this arrangement, the author does not pay anything towards the expense of publication. The costs and [[financial risk]] are all carried by the publisher, who will then take the greatest percentage of the receipts. See Compensation for more.<ref>{{Cite book |last=Greco |first=Albert N. |url=https://www.taylorfrancis.com/books/9781136850356 |title=The Book Publishing Industry |date=2013-07-31 |publisher=Routledge |isbn=978-1-136-85035-6 |edition=0 |language=en |doi=10.4324/9780203834565}}</ref>

===Vanity publishing===
{{Main|Vanity press}}

Vanity publishers normally charge a flat fee for arranging publication, offer a platform for selling, and then take a percentage of the sale of every copy of a book.<ref name="Definition of VANITY PRESS">{{Cite web |title=Definition of VANITY PRESS |url=https://www.merriam-webster.com/dictionary/vanity+press |access-date=2023-03-10 |website=www.merriam-webster.com |language=en}}</ref> The author receives the rest of the money made.<ref name="Definition of VANITY PRESS"/> Most materials published this way are for niche groups and not for large audiences.<ref name=":2">{{Cite web |title=VANITY/SUBSIDY PUBLISHERS |url=https://www.sfwa.org/other-resources/for-authors/writer-beware/vanity/ |access-date=2023-03-10 |website=SFWA |language=en-US}}</ref>

Vanity publishing, or subsidy publishing,<ref name=":2" /> is stigmatized in the professional world. In 1983, [[Bill Henderson (publisher)|Bill Henderson]] defined vanity publishers as people who would "publish anything for which an author will pay, usually at a loss for the author and a nice profit for the publisher."<ref>{{Cite journal |last=Henderson |first=Bill |date=January 1984 |title=The Small Book Press: A Cultural Essential |url=http://dx.doi.org/10.1086/601438 |journal=The Library Quarterly |volume=54 |issue=1 |pages=61–71 |doi=10.1086/601438 |s2cid=145283473 |issn=0024-2519}}</ref> In subsidy publishing, the book sales are not the publishers' main source of income, but instead the fees that the authors are charged to initially produce the book are. Because of this, the vanity publishers need not invest in making books marketable as much as other publishers need to.<ref name=":2" /> This leads to low quality books being introduced to the market.

==Relationship with editor==
The relationship between the author and the [[Book editor|editor]], often the author's only liaison to the publishing company, is typically characterized as the site of tension. For the author to reach their audience, often through publication, the work usually must attract the attention of the editor. The idea of the author as the sole meaning-maker of necessity changes to include the influences of the editor and the publisher to engage the audience in writing as a social act. 

There are three principal kinds of editing: 
* Proofing (checking the grammar and spelling, looking for typographical errors), 
* Story (potentially an area of deep angst for both author and publisher), and 
* Layout (the [[typesetting]] needed to ready a work for publishing often requires minor text changes, so a layout editor is employed to ensure that these do not alter the sense of the text).

[[Pierre Bourdieu]]'s essay "The Field of Cultural Production" depicts the publishing industry as a "space of literary or artistic position-takings," also called the "field of struggles," which is defined by the tension and movement inherent among the various positions in the field.<ref>Bourdieu, Pierre. "The Field of Cultural Production, or: The Economic World Reversed." The Field of Cultural Production: Essays on Art and Literature. New York: Columbia University Press, 1993, 30.</ref> Bourdieu claims that the "field of position-takings [...] is not the product of coherence-seeking intention or objective consensus," meaning that an industry characterized by position-takings is not one of harmony and neutrality.<ref>Bourdieu, Pierre. "The Field of Cultural Production, or: The Economic World Reversed." The Field of Cultural Production: Essays on Art and Literature. New York: Columbia University Press, 1993, 34</ref> In particular for the writer, their authorship in their work makes their work part of their identity, and there is much at stake personally over the negotiation of authority over that identity. However, it is the editor who has "the power to impose the dominant definition of the writer and therefore to delimit the population of those entitled to take part in the struggle to define the writer".<ref>Bourdieu, Pierre. "The Field of Cultural Production, or: The Economic World Reversed." The Field of Cultural Production: Essays on Art and Literature. New York: Columbia University Press, 1993, 42</ref> As "cultural investors," publishers rely on the editor position to identify a good investment in "cultural capital" which may grow to yield economic capital across all positions.<ref>Bourdieu, Pierre. "The Field of Cultural Production, or: The Economic World Reversed." The Field of Cultural Production: Essays on Art and Literature. New York: Columbia University Press, 1993, 68</ref>

According to the studies of James Curran, the system of shared values among editors in Britain has generated a pressure among authors to write to fit the editors' expectations, removing the focus from the reader-audience and putting a strain on the relationship between authors and editors and on writing as a social act. Even the book review by the editors has more significance than the readership's reception.<ref>Curran, James. "Literary Editors, Social Networks and Cultural Tradition." Media Organizations in Society. James Curran, ed. London: Arnold, 2000, 230</ref>

== Compensation ==
Authors rely on advance fees, royalty payments, adaptation of work to a screenplay, and fees collected from giving speeches.<ref name="byliner">{{cite web |last1=Dezman |first1=Chux |title=How Much Money Do Authors Make? |url=https://byliner.com/how-much-money-do-authors-make/ |website=Byliner |date=28 February 2021 |access-date=3 November 2021}}</ref>

A standard contract for an author will usually include provision for payment in the form of an advance and royalties.

* Advance: a lump sum paid before publication. An advance must be earned out before royalties are payable. It may be paid in two lump sums: the first payment on contract signing, and the second on delivery of the completed manuscript or on publication.

* Royalty payment: the sum paid to authors for each copy of a book sold and is traditionally around 10–12%, but self-published authors can earn about 40% – 60% royalties per each book sale.<ref name="byliner" /> An author's contract may specify, for example, that they will earn 10% of the retail price of each book sold. Some contracts specify a scale of royalties payable (for example, where royalties start at 10% for the first 10,000 sales, but then increase to a higher percentage rate at higher sale thresholds).

Usually, an author's book must earn the advance before any further royalties are paid. For example, if an author is paid a modest advance of $2000, and their royalty rate is 10% of a book priced at $20 – that is, $2 per book – the book will need to sell 1000 copies before any further payment will be made. Publishers typically withhold payment of a percentage of royalties earned against returns.

In some countries, authors also earn income from a government scheme such as the ELR (educational lending right) and PLR (public lending right) schemes in Australia. Under these schemes, authors are paid a fee for the number of copies of their books in educational and/or public libraries.

These days, many authors supplement their income from book sales with public speaking engagements, school visits, residencies, grants, and teaching positions.

[[Ghostwriter]]s, technical writers, and textbooks writers are typically paid in a different way: usually a set fee or a per word rate rather than on a percentage of sales.

In the year 2016, according to the U.S. Bureau of Labor Statistics, nearly 130,000 people worked in the country as authors, making an average of $61,240 per year.<ref name="byliner" />

==See also==
* [[Lead author]]
* [[Academic authorship]]
* [[Author editing|Authors' editor]]
* Writing
** [[Distributive writing]]
** [[Professional writing]]
** [[Composition (language)]]
* [[Auteur]]
* Writer
* Poet
* Novelist
* [[Lists of writers]]
* [[Lists of poets]]
* [[List of novelists]]
*Lesser-known authors

==References==
{{Reflist}}

{{Book Publishing Process}}

{{Authority control}}

[[Category:Writing occupations]]
[[Category:Literary criticism]]