Michael Haviland
Villanova University School of Law Student

In the early 1800s, an author was understood as “[o]ne who produces, creates, or brings into being; as, God is the author of the universe.” 1This antiquated definition heavily emphasized an author’s creation power and remains critical when understanding the original purpose of the copyright clause.2 Early American case law and copyright statutes heavily focused on a work’s creation when determining copyright assignment, even when authors created what came to be known as works for hire.