Writers have often used pseudonyms to hide their identity. They did this for various reasons: to hide their real sex (Alice Sheldon signed herself as James Tiptree, Jr.), to hide their work in other areas (Isaac Asimov wrote teen science fiction short stories under the name of Paul French), to hide the true dimensions of their works (Robert Heinlein wrote books under the name of Anson McDonald and under other pseudonyms), or simply to hide the fact that they are writers (Michael Crichton wrote works under the name of Jeffrey Hudson). Pseudonyms have also been created in some cases by publishing houses to bring together, under a single author, series of books, as in the case of "Franklin W. Dixon" and "Carolyn Keene" for the series of detective novels of the Hardy Boys and Nancy Drew, and “Kenneth Robeson” for the Doc Savage and Avenger series. Regardless of the reason authors write under a pseudonym, in the United States, the US Copyright Office offers protection to writers for books written under a pseudonym. Below we explain how to insure copyright in the USA in favor of a book written under a pseudonym.
Steps
Step 1. Decide if you want to disclose your real name to the Copyright Office
You do not need to provide your real name (legal name) to the Copyright Office to secure the copyright on your work. If you decide not to disclose your real name when you register your work, it receives copyright protection for 95 years from its publication or for 120 years from its release, whichever comes first. If you decide to disclose your name, it remains in the records of the Copyright Office and your decision cannot be subsequently changed. However, the period for which you receive copyright protection is of the same duration as if you register the work under your real name, that is the life of the author plus a further 70 years.
If you choose not to provide your real name to the Copyright Office when you register your copyright, you can change your choice later. If you register a subsequent work using your real name and pseudonym, the previous work registered under a pseudonym is assigned copyright protection for the duration of the author's life plus an additional 70 years
Step 2. Consider pre-registering your work
Pre-registration does not replace registration, but it does allow you to sue for copyright infringement while you are still working on your work if you think there is someone willing to infringe copyright before your work is finished. (This type of protection is particularly suitable if you are writing a book in a genre popularized by the phenomenal success of a specific work, such as was the case with Harry Potter or the Twilight series.) Pre-registration is also feasible for musical works, recordings, computer software, films and photographs used in marketing and advertising.
- You can pre-register a job online by submitting a description of no more than 2000 characters (approximately 330 words) to the Copyright Office and paying a registration fee, including by credit card, through the Automated Clearing House (ACH) network. Automated Compensation) or through a previously opened account with the Copyright Office. (You don't have to include the work itself). For more information on pre-registration, see this link (in English):
- As soon as the Copyright Office processes your pre-registration request, it sends you an email. The email contains the information you sent, a pre-registration number, and the date from which the pre-registration is active. You can obtain a certified copy of the notification from the Certifications and Documents Section of the Copyright Office.
- Once you pre-register your work, you must then register the copyright on the work itself within three months of publication or within one month of learning that someone has infringed your copyright. If you do not register the copyright within this period, you may not be able to take legal action against the copyright infringer before two months from the date of publication of your work.
Step 3. Register your work with the Copyright Office
You can do this in 3 ways: using the eCO (Online Electronic Copyright Office), downloading the CO form and completing it with your personal data on your PC, or obtaining a paper registration form from the Copyright Office. Regardless of the method you use, you must fill in the space for the "Copyright Claimant" (ie the "person requesting the copyright"), and also check the space "Pseudonymous" (ie "pseudonym") to indicate that you are using, in fact, a pseudonym. You must then attach a copy of the payment of what has been requested to the form.
- If you choose the internet registration option, choose "Electronic Copyright Office" from the Copyright Office website (https://www.copyright.gov/). You will be asked if you want to send an electronic or paper copy of your work (you can in fact send either the electronic copy or the paper copy of a work created by you that has not yet been published). Online registration is less expensive than the other options, ensures faster handling time, guarantees you the ability to pay electronically, provides you with email feedback of your registration request and allows you to track the status of your application online.
- In the case of paper registrations, the “Form CO” can be obtained in the “Forms” section of the website of the Copyright office https://www.copyright.gov/. This form includes a barcode that allows the Copyright Office to process the document with its own scanners: since each barcode is unique for each registration, you can use that particular "Form CO" only for that specific job for which the 'you have requested. After filling it out on your computer, print it out.
- Paper requests should be directed to the Library of Congress, U. S. Copyright Office-TX, 101 Independence Avenue SE, Washington, DC 20559-6221. (The form to use for a book is the Form TX). Use the same address to send the copyright registration request and payment by post; the completed Form CO must also be sent to this address. (You can also print your electronic registration form and send it by ordinary mail, but in this case you will have to pay a higher fee corresponding to a non-electronic management).
Step 4. File a copy of your work with the Copyright Office
If your work has not yet been published, a full copy of your work is required. If your work was published after 1978, the Copyright Office requires two complete copies of the best edition. (If it was published before 1978, the request is for two copies of the first edition).
If, on the other hand, you have submitted your request electronically, the Copyright Office will send you a "Shipping Slip" (ie a document / shipping slip) which must be attached when sending the copy of your work. This shipping slip is valid only for the job you applied for
Warnings
- Using a pseudonym can complicate the sale of subsidiary and reproduction rights to your work, the process of obtaining the rights from your work by your heirs, and most importantly, the collection of your payments and royalties. Before using a pseudonym, consult your lawyer to assist you in avoiding these problems.
- Do not use a pseudonym to take advantage of another writer's reputation, to try to circumvent the "First Look" clause (ie the right of first publication) with your current publisher, to avoid a libel suit, or to avoid paying taxes on your profits.
