Final answer:
The author of a copyrighted work is typically the creator unless the work is made for hire. An employee who creates an artistic work outside the scope of their employment is not creating a 'work for hire' and retains authorship rights. Employers are considered authors in 'work for hire' situations.
Step-by-step explanation:
In copyright law, the person who is not the author of a copyrighted work in the following scenarios is an employee who creates an artistic work outside the scope of employment. This is because authorship is generally associated with the creator of the work unless it falls under a 'work for hire' situation.
A 'work for hire' can occur in two instances: when the work is created by an employee as part of their duties, or when it's commissioned by a party through a written agreement with the intention that it be a 'work for hire'. The employer who arranges for or cancels a 'work for hire' is not the author; rather, in such cases, the employer would be considered the copyright owner.
An employee creating a 'work for hire' would similarly not be the author, as this status would be ascribed to the employer. In contrast, an individual's creative work that doesn't fall within these parameters, such as an artistic work created outside of employment duties, remains their intellectual property, and they retain authorship rights.