Legal Aspects of Pseudonym

There are three main legal issues you should consider when using a pseudonym. It is quite common for artists of all media to use pseudonyms. However, there may be legal consequences. Before logging out with a pseudonym, you should carefully consider why you are allowed to use it, how you can protect your true identity, and the risks involved. If a pseudonymous work is duly registered only under the pseudonym and published only under the pseudonym, does the recording go back to the life of the author + 70 years if the author`s name is revealed either (1) by the act of the author or (2) by news or publicity regardless of the author`s involvement? There are several reasons why writers may use a pseudonym. For well-known and popular writers in a particular genre, pseudonyms can be a great way to break into a new genre of books without the expectations and prejudices that their name carries. Some women writers may want to publish under a male name to counter gender expectations about the subject of their book. Some authors may not want their true identity to be disclosed to the public, either for privacy or security reasons. Other writers may simply want to distinguish between two different writing styles. Pseudonyms can even be used to remove or disconnect an author from the work they are not satisfied with. The pseudonym Alan Smithee was used for many years in the film industry by directors and screenwriters who felt compromised in their work. In my experience, another example of a common misconception is that a nickname, for example “Jess” for “Jessica,” is a pseudonym.

However, a nickname is only a short form of a legal name with no fictitious basis – that is, imaginary or invented.8 The middle name is also not a pseudonym, as it is part of a full legal name.9 This is in contrast to Theodor Seuss Geisel, better known as “Dr. Seuss”. Although “Seuss” is the author`s middle name, the addition “Dr.” was “an ironic allusion to his unfinished doctorate.” 10 As such, and in my opinion, “Dr. Seuss” is one of the most famous pseudonyms in the world. Writers often create stories under pseudonyms or fictitious names. There are many reasons for this, and enough has been said about them (e.g., Tricks and Tricks of Using a Pen Name by Helen Sedwick, If You Use a Pseudonym by Moira Allen, The Pros and Cons of Using a Pseudonym by Howard Zaharoff). When deciding on a stage name, be aware that there are a few legal myths about the use of pseudonyms still circulating on the internet and social media channels that authors should not adopt as fact. Is a pseudonym necessary? Do I really need a pen name? Why do I want a stage name? The main thing – signing a contract with a pseudonym is possible.

That is, most contracts involving a writer whose creative endeavors require a pseudonym are always signed under the author`s official name. This is mainly done for convenience. As a rule, payments and tax matters are handled under the author`s official name. But full disclosure also plays a role. Contractual partners often want to know with whom they are entering into contracts. When the time comes, it`s important to have a website domain that is identical or closely related to your author pseudonym. Rest assured that using a pseudonym is completely legal. The key to creating a new pseudonym that will last throughout your writing career is to choose it carefully and do your homework with the pseudonym first. Once you publish a book under your pseudonym, it will be really difficult to change it without negatively impacting your author brand. It is illegal to pretend that you have qualifications, experience, or education that you do not have in real life. This would clearly be considered misleading and fraudulent. There are several reasons why authors have chosen to publish under a pseudonym, both in the past and today.

Merriam-Webster defines a “pseudonym” as a “fictitious name” and tells us: “[p]seudonym has its origin in the Greek word pseudonymos, which means “to bear a false name.” 2 Although the Copyright Act does not define a pseudonym, it does define a “pseudonymous work” as a work whose author is identified “under a fictitious name”. 3 As a registration specialist in the Office of Registration Policy and Practices, I do not know anyone who says anything other than their first name, particularly in the form of a pseudonym. The publishing contract must state what and how your pseudonym is represented. Most importantly, it describes how the copyright notice is covered. For authors, you must ensure that the publishing contract states that you can be identified by your real name and pseudonym in order to ensure the protection of your copyright and moral rights. With the advent of self-publishing, many writers are confused about how to approach the idea of a pseudonym for their work and whether it`s a good idea or not. What is the meaning of a pseudonym in copyright? 2. Article 23 of the Civil Code does not define the concept of personality rights and contains only a non-exhaustive list of legal values falling within the scope of that concept. Nevertheless, the characterization of legal value as a personality right is exceptional and warrants reasonable caution and restraint. In particular, the legal value in question must be closely linked to the natural person claiming it, for example: by establishing their uniqueness and integrity, their dignity and perception in society, or by enabling their self-realization and creativity. Therefore, personality rights are valid erga omnes, exist objectively independently of the will of the parties, are not economically appreciable, inalienable and are not subject to inheritance. Authors must fully disclose to their publishers before adopting a pseudonym and ensure that their publishing contract is signed with their real identity.

When choosing a pseudonym, they should do a quick search to make sure the name doesn`t already have a reputation or has not been tagged by someone else. Talk to an intellectual property lawyer about your rights as a publisher or author with respect to pseudonyms. At first, you may be wondering: are pseudonyms legal? If you already have existing contracts, such as confidentiality or employment contracts, you are still bound by them. Your stage name cannot turn you into another person and free you from legal papers. If you plan to publish multiple books under your pseudonym, or if you plan to start a book business, it is very likely that you will create a website for your books later in your career. For example, George Eliot (real name Mary Ann Evans) and the Bronte sisters: Currer (Charlotte), Ellis (Emily) and Acton (Anne) Bell, all male pseudonyms, as there was widespread discrimination against women in their time. You may know them by their pseudonyms or “pseudonyms” – George Eliot, Lewis Carroll and Mark Twain. If you`re considering using a stage name when self-publishing a book, consider all aspects of using a pseudonym before rushing into publishing with your new pseudonym.

Copyright generally applies to the life of the author plus 70 years. However, for works published under a pseudonym, the period is 95 years from the year of first publication or 120 years from the date of creation, whichever comes first. While the life of the writer over 70 is usually longer-term, do the math and figure out which term will best benefit your creative work and career aspirations. Perhaps the longer copyright period is not worth the sacrifice if a writer has to give up anonymity. A well-known and contemporary example of the incomplete identity protection offered by a pseudonym is the media exposure of JK Rowling`s use of the pseudonym Robert Galbraith.