Copyright for artists using an alias, what are the rules applicable?
You can use an alias as an artist but it has a legal impact that you need to be aware of.
Many artists choose to practice their art using an alias or a pseudonym. Whether they are writers (for example Daniel Pennac), musicians (among others, Moby) or graphic artists (Banksy is one of the most famous), pseudonyms can concern artists from all fields.
Whether it is the result of a desire to protect their identity, or simply to have a name that corresponds to their artistic approach, this choice will have an impact on how copyright will apply.
The choice of the pseudonym is of course free and is not governed by any text.
However, it is important to remain within the limits of morality: the pseudonym cannot be offensive, defamatory, usurp the identity of a third party (natural or legal person) or harm a third party in any way (for example by infringing an earlier trademark).
The author may also choose to present himself by his real name posthumously, by means of his will, or to leave the choice to his beneficiaries to disclose his identity.
The pseudonym does not benefit from the protection of the patronymic name, like a common last name.
However, it may be protected by copyright if it is particularly original. In practice, however, this is rarely the case, as originality requires genuine creative input. It is therefore not reasonable to limit oneself to simple copyright in this capacity.
It is more clever to consider registering the pseudonym as a trademark, in application of Article L711-11 of the Intellectual Property Code, which indicates that the pseudonym is one of the signs that can be registered with the INPI.
It would then benefit from the protection granted to all brands, which makes it possible to fight against counterfeiting and any other unauthorized use of the name.
Contracts concluded by authors under a pseudonym are concluded between the author under his real name and any other party involved.
In the context of a publishing contract, the only difference with a traditional contract is that this contract may include an anonymity clause. The publisher therefore does not have the right to reveal the name of the author, unless the author authorizes him to do so in advance and in writing. However, the author remains free to present himself under his real name or to remain anonymous.
The contract may also provide that the rights holders may reveal the name of the author after death if necessary, or that the name may be revealed by the publisher upon death (the latter option having the effect of extending the term of protection, as we will see below).
The article L113-6 of the Intellectual Property Code Indicates that the authors concerned “are represented in the exercise of these rights by the original publisher or publisher, as long as they have not made their civil identity known and justified their status”
As such, the author may be represented by his publisher or representative to defend his rights, for example during an infringement action, which prevents him from disclosing his identity.
As stated in a previous article, copyright protects creations for a period of 70 years from the death of the author.
It is of course impossible to identify exactly the date of death of an author under a pseudonym, since the author does not exist legally. Copyright has been adapted for this context: in this case, in application of Article L123-3 of the Intellectual Property Code, the work is only protected for a period of 70 years from its first publication or disclosure in the case of plastic works.
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