Also known as:authors · authorship · creator · writer
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in copyright law
A person or entity that originates an expressive work. Federal law grants this creator exclusive rights to control reproduction and distribution of the work for a limited period.
2
general
An originator of a writing, document, or idea.
Each sense below has its own examples, sources, and questions.
Sense 1
1
in copyright law
A person or entity that originates an expressive work. Federal law grants this creator exclusive rights to control reproduction and distribution of the work for a limited period.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Dictionaries
Constitution
Sense 2
2
general
An originator of a writing, document, or idea.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
Amelia Amari writes and publishes a novel. Congress exercises its authority to grant her exclusive control over copies and public distribution for a set term. She then licenses film rights to a studio and sues unauthorized online distributors.
Frequently Asked2
Who qualifies as an author under copyright law?+
A person or business that creates an expressive work or hires another to create one qualifies as an author. This includes writers, artists, programmers, choreographers, and translators.
Supporting sources
Does the Constitution mention authors?+
Yes. Article I, Section 8 empowers Congress to secure for limited times to authors and inventors the exclusive right to their writings and discoveries.
Supporting sources
5
Bill of Rights Framers Cited
Aaron Adams drafts a complaint alleging Fourth Amendment violations by federal agents. The court examines the intent of the authors of the Bill of Rights to decide whether an implied damages action exists. Adams prevails on the implied cause of action theory.
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971)
Coastal Regulation and Author Rights
Andre Antoine purchases beachfront land and prepares to build homes. A state coastal council bars all development. Antoine claims the restriction denies him rights as author of the development plans. The court weighs whether the regulation eliminates all economic use of the property.
Lucas v. South Carolina Coastal Council505 U.S. 1003 (1992)
Service of Process on Nonresident
Alice Atkins obtains a default judgment against a nonresident defendant. The defendant later challenges jurisdiction because the original complaint was not properly served. The court reviews whether the author of the pleadings satisfied due process notice requirements.
Pennoyer v. Neff95 U.S. 714, 732–33 (1878)
Pleading Conspiracy Facts
Atlas Ventures sues several telecom firms for an alleged price-fixing agreement. The complaint contains only parallel pricing data without specific meeting details. The court dismisses because the author of the pleading failed to allege enough facts to make the conspiracy claim plausible.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Expert Testimony Gatekeeping
Adrian Aguilar offers a pharmacologist's opinion that a drug caused birth defects. The opposing party moves to exclude the testimony. The court evaluates whether the author of the expert report used reliable methods and principles before admitting the evidence at trial.
Daubert v. Merrell Dow Pharmaceuticals, Inc.509 U.S. 579, 592 (1993)
Frequently Asked1
How does the term author appear outside copyright?+
Courts sometimes refer to the authors of foundational legal texts such as the Bill of Rights when interpreting original intent.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…Legislative Ashes of a Fourteenth-Century Common-Law Liberty?, 17 N. Y. L. F. 335 (1971) (hereinafter Means II). The author examines the two principal precedents cited marginally by Coke, both contrary to his dictum, and traces the treatment of these and other cases by earlier commentators. He concludes that…