[freejazz]

It isn't necessarily one or the other, it depends on numerous factors. Works can be made for hire as one example. Annie Liebowitz still is the author of a photograph even if she has her assistant pull the shutter. You might even be surprised to realize that is an incredibly common occurrence in professional studio photography. Everyone in this thread is searching for one really quick answer to apply to all situations and it does not work that way. The courts look at a number of factors to make these determinations.