- hire box checked “no.” The name that appears in the copyright notice is “ActiviTEE Films.” The registration specialist may register the claim, although the name of the d.b.a. should have been provided in the Note to Copyright Office field rather than the Name of Author field.
- An application names “Associated Designs (Virginia McDonald)” as the author of a fabric design. The work made for hire question is answered “yes.” A statement on the deposit copy reads “All designs created by Virginia McDonald.” The registration specialist may communicate with the applicant, because it is unclear whether the author is Virginia McDonald or Associated Designs.
615 Anonymous and Pseudonymous Works
615.1 Anonymous Works
615.1(A) What Is an Anonymous Work?
A work is considered an anonymous work if “no natural person is identified as author” on the copies or phonorecords of the work. 17 U.S.C. § 101. If the author’s name appears on the copies or phonorecords, the work is not an anonymous work, even if the author does not wish to reveal his or her identity in the registration record. Likewise, a work does not qualify as an anonymous work based solely on the fact that the applicant cannot identify the person or persons who created the work.
The statute implies that anonymous works are limited to works created by natural persons. Compare 17 U.S.C. § 101 (defining an “anonymous work” as “a work on the copies or phonorecords of which no natural person is identified as author”) with 17 U.S.C. § 302(c) (indicating that the term for an anonymous work may be based on the life of the author if his or her identity is revealed before the copyright expires). Therefore, the applicant should complete the Anonymous box only if the author is a human being. If the author is a corporation, limited liability company, partnership, or other legal entity, the author’s full name should be provided in the Name of Author field/space. If the applicant checks the Anonymous box or asserts that the author wishes to remain anonymous, the application may be questioned if the author appears to be a legal entity.
615.1(B) Completing the Application: Anonymous Works
Applicants are encouraged to provide the author’s name in the application, even if the author’s name does not appear on the copies or phonorecords of the work. Providing the author’s name creates a clear record of authorship and ownership of the copyright, and it may extend or reduce the term of the copyright, depending on the circumstances. Ordinarily, the copyright for an anonymous work endures for a term of 95 years from the year of publication or 120 years from the year of creation, whichever expires first. 17 U.S.C. § 302(c). If the author’s identity is revealed in records maintained by the U.S. Copyright Office, the copyright will endure until 70 years after the author’s
