Can You Secure Copyright with a Pen Name?
The world of creativity thrives on anonymity. From enigmatic street artists to masked musicians, pen names have long been a tool for authors to establish their voice and connect with readers. But what about copyright protection? Can you secure a copyright using a pen name?
The answer is a resounding yes! Copyright law safeguards the original works of authorship you create, regardless of whether you use your real name or a pen name. Here's how copyright law and pen names work in tandem:
Copyright and Pen Names: A Match Made for Authorship
Copyright protection arises from the moment you create an original work and fix it in a tangible form, like a manuscript or digital file. Your pen name doesn't affect this. The copyright belongs to the author, whoever that may be (even if it's a secret identity!).
Registering Your Copyright Under a Pen Name
Copyright registration with the U.S. Copyright Office isn't mandatory, but it offers significant advantages:
Public Record: Registration establishes a public record of your copyright claim under your pen name.
Stronger Legal Footing: In a copyright infringement lawsuit, registration strengthens your case and allows you to recover statutory damages and attorney's fees if you win.
Privacy Option: You can register your copyright under your pen name while keeping your legal name confidential through the pseudonym option offered by the Copyright Office.
Considerations
While copyright protects your work, pen names come with a few things to consider:
Pen Name Availability: Ensure your chosen pen name isn't already trademarked by someone else.
Contracts and Agreements: If you enter into publishing contracts or other agreements, clarify authorship rights related to your pen name.
Copyright safeguards your work's content under your pen name. However, consider trademarking your pen name if you plan to build a brand around it. This provides additional legal protection against others using your pen name for commercial purposes.
Embrace the power of pen names while safeguarding your creative works! Copyright law empowers you to protect your authorship under your chosen identity. For further guidance on copyright registration or navigating the legal landscape with a pen name, consult the intellectual property attorneys at the Antares Law Firm. We're here to help you shield your creativity and ensure you reap the rewards of your authorship.
-Laila Ghauri, Esq., Trademark and Business Lawyer, Antares Law Firm
Please note that the information contained in this article does not constitute legal advice. Laws and regulations can vary by jurisdiction, so it is advisable to consult with an attorney to address your specific legal needs.
About the Author
Laila Ghauri, Esq., is a trademark and business attorney and the founder of Antares Law Firm. She specializes in helping entrepreneurs and business owners navigate the complexities of starting and growing their businesses. From selecting the right business structure to protecting intellectual property, She offers tailored legal solutions that empower her clients to succeed.
