Tag Archives: attorney

Copyright (c) and Pseudonyms: What Every Author Should Know

25 Apr
The cover I didn't choose

The cover I didn’t choose

There can be a number of reasons why an author would want to write under another name. For example, horror master Stephen King also wrote under the pseudonym of Richard Bachman, so he could publish more often without saturating the Stephen King brand. More recently, Harry Potter author Joanne Rowling wrote for an adult audience as Robert Galbraith, to escape the Harry Potter hype.

These are examples from fiction. I am a non-fiction writer (well, for the moment, at least) who is writing as “Michael M. McConaughey.” Who I really am must remain an eternal mystery, just like the Bruce Wayne – Batman thing. Besides wanting privacy due to the rather controversial nature of my true story, there is actually a legal requirement that I not be publicly identified in association with my case. Ontario’s Child and Family Services Act s. 45.(8), under “Hearings and Orders,” is quite explicit:

Prohibition: identifying child
(8)  No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family. R.S.O. 1990, c. C.11, s. 45 (8).

I have a little bit of a problem, don’t I? My account manager at FriesenPress.com has informed me that we are now at the stage where she must submit the application for copyright to the U.S. Copyright Office on my behalf. I can’t very well have “Copyright (c) 2014 [INSERT MyRealName]” printed in the book, can I? As it turns out, I can’t use “Copyright (c) 2014 MYPRIVATECORPORATION INC,” either. All someone would have to do is Google the corporation name, and my real name would come up as a director (if I had one), as this is a matter of public record.

However, I can register the copyright of my book under my pseudonym. Here’s what the guidance says:

An author of a copyrighted work can use a pseudonym or pen name. A work is pseudonymous if the author is identified on copies or phonorecords of the work by a fictitious name. Nicknames and other diminutive forms of legal names are not considered fictitious. Copyright does not protect pseudonyms or other names.

If you write under a pseudonym but want to be identified by your legal name in the Copyright Office’s records, give your legal name and your pseudonym on your application for copyright registration. Check “pseudonymous” on the application if the author is identified on copies of the work only under a fictitious name and if the work is not made for hire. Give the pseudonym where indicated.

If you write under a pseudonym and do not want to have your identity revealed in the Copyright Office’s records, give your pseudonym and identify it as such on your application. You can leave blank the space for the name of the author. If an author’s name is given, it will become part of the Office’s online public records, which are accessible by Internet. The information cannot later be removed from the public records. You must identify your citizenship or domicile.

In no case should you omit the name of the copyright claimant. You can use a pseudonym for the claimant name. But be aware that if a copyright is held under a fictitious name, business dealings involving the copyrighted property may raise questions about its ownership. Consult an attorney for legal advice on this matter.

Works distributed under a pseudonym enjoy a term of copyright protection that is the earlier of 95 years from publication of the work or 120 years from its creation. However, if the author’s identity is revealed in the registration records of the Copyright Office, including in any other registrations made before that term has expired, the term then becomes the author’s life plus 70 years.

So, in my case, here’s what I have to do:

1 – Get my FriesenPress.com Case Manager to put my pseudonym of Matthew M. McConaughey on the copyright application, and identify it as such.
2 – Leave the space for the real name blank. DO NOT PUT MY REAL NAME ON THE APPLICATION!!!
3 – Recognize the difference in the duration of copyright by doing this (not a big deal, for me).
4 – Make certain that I can prove that it’s my work, in case some clown tries to claim that he or she wrote the book and is “Michael M. McConaughey.”
5 – Consult an attorney.

In my case, 1 and 2 will be taken care of by FriesenPress.com on my behalf, as this is part of the package that was paid for. 3 is really not an issue for me, at the tender age of 48. For 4, I have my correspondence with FriesenPress.com as evidence that I wrote my book. I could also show the manuscript to a lawyer before it is published, as such a lawyer would make for a credible witness. I can also mail myself a copy of the manuscript before it is published, but not open it (i.e., leave it sealed) when it arrives. This allows me to prove that I wrote the manuscript before I published it, as the mail would have a date stamp (hopefully).

For 5 (don’t skip this!), I would look for an honourable and competent attorney with expertise in defamation and copyright law, such as Toronto’s Mr. Gil Zvulony.

Mr. Gil Zvulony, Toronto Attorney (http://zvulony.ca/wp-content/uploads/Gil-Zvulony.jpg)

Mr. Gil Zvulony, Toronto Attorney (http://zvulony.ca/wp-content/uploads/Gil-Zvulony.jpg)

 

If you’ve done your homework, all it might take is a 15 to 30 minute telephone call with such an attorney to confirm that this applies in your legal jurisdiction (mine is the Holy Feminist Matriarchy of Canada). Being a little older and wiser, my book The Mirror, Book One – Welcome to the Evil Sisterhood will be Copyright (c) 2014 Michael M. McConaughey.

Thus, I shall remain the most mysterious Michael M. McConaughey, Scourge of the Matriarchy.

[CAVEAT: This post is not to be construed as legal advice. It is for educational purposes only, to prepare you for discussion with a licensed attorney.]