Legal Question in Intellectual Property in New York

Copyright for assumed name

this is not quite the right category, but there's nothing else that seems to fit it so...

I will soon be publishing cartoons I've written on the internet. I'd like them to be copyrighted but I want to sign my cartoons with a "pen name" and it would be nice if the copywright could be in that name too. But I assume that you can't just go making up names and copyrighting things with them. What steps do I need to take to be able to do this?

thanks


Asked on 3/14/00, 9:42 am

2 Answers from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Copyright for assumed name

I would not recommend that you copyright anything in a pen name, but only in your given name. I would also recommend that you a file a federal trademark on your pen name since this is the only way that you can protect yourself in these instances.

Good Luck!!

Pat Tracy

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Answered on 3/23/00, 11:46 am
Theresa Peeler Law Office of T. M. Peeler

Re: Copyright for assumed name

Actually, the copyright office does allow a person to file a copyright form under a pseudonym, or fictitious name. The form states, "[a]n author's contribution to a work is 'pseudonymous' if that author is identified on the copies or phonorecords under a fictitious name." The form gives you the option as to whether you would like to reveal the "real" name associated with the pseudonym or not. Their example, "Judith Barton, whose pseudonym is Madeline Elster."

In addition to copyrighting the work in a pseudonym, you would also want to file forms to be recognized by your state under that fictitious name. Since you plan to post the work on the Internet, you will also want to trademark the pseudonym.

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Answered on 3/23/00, 12:55 pm


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