Pseudonyms and copyright: what are the rules?
Choice of pseudonym, trademark filing, reduced term of protection: the copyright rules for artists using a pen name.
Many artists choose to practise their art under a pseudonym. Whether driven by a desire to protect their identity or to adopt a name that reflects their artistic approach, this choice has an impact on how copyright applies.
The choice of pseudonym is unrestricted but must remain within the bounds of public decency: it must not be offensive, defamatory, infringe a third party’s identity or violate a prior right (for example by infringing an earlier trademark). The author may also choose to reveal their identity posthumously, by will.
A pseudonym does not benefit from the same protection as a family name. It may be protected by copyright if it is particularly original, but this is rare in practice. The most effective strategy is to register the pseudonym as a trademark (Article L711-11 of the French Intellectual Property Code), which opens the door to infringement proceedings and prevents any unauthorised use. For the filing process, see the trademark filing guide. For choosing between a word mark and a figurative mark, see the article on word vs figurative trademarks.
Contracts are entered into under the author’s real name. A publishing contract may include an anonymity clause preventing the publisher from disclosing the author’s identity. Article L113-6 of the French Intellectual Property Code provides that the publisher represents the author in the exercise of their rights, including in infringement proceedings, for as long as the author has not revealed their identity. For protected works generally, see the article on works protected by copyright.
Copyright normally protects works for 70 years from the death of the author. For a pseudonymous author whose identity is not disclosed, Article L123-3 of the French Intellectual Property Code provides for a term of 70 years from first publication. Disclosure of the author’s civil identity restores the standard regime. For an overview, see the intellectual property services page.
Using a pseudonym is unrestricted but carries legal consequences for the term of protection and available remedies. Registering the pseudonym as a trademark remains the best protective strategy. If you are an artist working under a pseudonym, book a call.
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