wish to reveal his or her identity in the registration record and even if the author is generally known by his or her pseudonym. Likewise, a work does not qualify as a pseudonymous work based solely on the fact that the applicant cannot identify the person or persons who created the work. In both cases, the applicant should provide the author’s real name in the application and the Pseudonymous box should not be checked.
If the work meets the statutory definition for a pseudonymous work, the applicant is not required to provide the author’s real name in the application. Instead, the applicant may provide the author’s pseudonym in the field marked Pseudonym (in the case of an online application) or in the Name of the Author field/space (in the case of an online or paper application). In the alternative, the applicant may provide the author’s full name and the author’s pseudonym, provided that the application clearly indicates which is the real name and which is the pseudonym (e.g., “Samuel Clemens, whose pseudonym is Mark Twain”). In both cases, the applicant should check the box marked Pseudonymous to indicate that the applicant intends to register a pseudonymous work. (If the applicant fails to provide the author’s name and fails to check the Pseudonymous box in an online application, the application may not be accepted by the electronic registration system.)
If the author does not wish to provide his or her real name anywhere in the application, the author may put his or her pseudonym in the fields/spaces for the Name of Author, Name of Claimant, Rights and Permissions, Correspondent, and/or Certification.
Applicants are encouraged to provide the author’s real 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 real 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 pseudonymous 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). However, if the author of the work is a natural person and if the identity of the author is revealed in records maintained by the U.S. Copyright Office, the copyright will endure until 70 years after the author’s death. Id.; see also, H.R. Rep. No. 94-1476, at 137 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5753.
As described in Section 615.3 below, the information provided on the application will become part of the public record. Therefore, if the work satisfies the statutory definition of a pseudonymous work and if the applicant does not wish to disclose the author’s real name, the applicant should provide the author’s pseudonym in the application instead of providing the author’s real name.
Examples:
- Steven Kingsley is the author of a literary work titled Running Woman, which was published by New American Library. Kinglsey’s name did not appear on this edition of the work. Instead, the author was identified as “Rick Buchman.” The applicant names Rick Buchman as the author and claimant, with the Pseudonymous box checked “yes.” The Office will register the work as a pseudonymous work. In the alternative, the Office would accept an application that
