Copyright Protection For Pseudonymous Works*

1. Introduction

The use of pseudonyms is a long-standing custom employed, among other things, to maintain anonymity and privacy of authors. Pseudonyms, informally referred to as "pen names", are false names adopted by authors to conceal their identity from the public. While pseudonymous works are published under assumed identities, an anonymous work is of unknown or uncertain authorship. Nicknames and other diminutive forms of legal names are not considered fictitious.¹ Although, pen names do not enjoy copyright protection, they can be registered as trademarks, subject to local statutory requirements.

Within the boundaries of international law and subject to certain exceptions, every original creative and intellectual content fixed in any tangible medium of expression is automatically entitled to copyright protection, even if the identity of the author is false or withheld. According to Article 15(1) of the Berne Convention for the Protection of Literary and