Page:Compendium of US Copyright Office Practices (1973).pdf/444

S-89 No. 27

USE OF PUSEDONYMS IN THE COPYRIGHT NOTICE

One of the essential elements of the required statutory notice on a published work is the name of the copyright owner or proprietor, that is, the name of the person or organization legally entitled to the copyright at the time of first publication. Generally, unless the name in the notice identities someone who is entitled to secure the copyright, registration of the claim to copy­right would not be authorized.

Whether the use of a pseudonym in the notice satisties the statutory requirements is not altogether clear. The problem arises from the tact that one of the principal purposes ot the copyright notice is to identity the copyright owner to the public, whereas a pseudonyms may be used to conceal that identity. Since it is desirable that our actions be consistent throughout the Division, the tollowing practices will be adopted.

1) If the work is unpublished and bears a copyright notice containing a pseudonym or other fictitious name, the use of such a notice at the time otfpublication will be dis­couraged unless the pseudonym actually discloses the identity of the person or organization legally entitled to claim caw­ right. Since one ot the principal purposes of the notice is to identity the copyright owner to the general public, a name associated with the owner in the mind of the public is always desirable.

2) It the work has been published with a pseudonym or other fictitious name in the copyright notice, our action will depend upon whether the name in the notice is capable of identifying the copyright proprietor to the public.

a) Where the owner's. identity is well known under the pseudonym or other fictitious name the application will not be questioned, even though the relationship between the two names is not disclosed on the application. 1-67