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Pen Names/Series Names
by Daniel Steven
Q. Can I legally protect my pen name, or the name of my mystery series? What about my web site?
A.
Many novelists use pen names or pseudonyms and many also have a
“branded” series of mysteries, usually named after the chief character
(e.g., Noreen Wald’s “Kate Kennedy South Florida Senior Sleuth”
series.) What such writers have in common is the need to protect
the goodwill and value of their pen name and/or series. To
accomplish this, writers must understand both copyright and trademark
law.
When filling out a copyright registration form (Form TX),
the Copyright Office allows you or your publisher to list either just a
pen name or your real name. The difference in protection is that
if you use your real name, protection for the work extends for your
life plus seventy years; if you use a pseudonym, the term of protection
is 95 years from the publication of the work, or 120 years from the
creation of the work, whichever period expires first. If,
however, after filing the original application in a pen name, the
author’s identity is later revealed in the records, the term reverts to
the life of the author plus 70 years.
Under U.S.
copyright law, however, names, slogans, and titles cannot be
copyrighted. This means that copyright will NOT prevent others
from using your pen name, or the name of your mystery series.
Pen
names and series names, however, are entitled to protection under state
laws governing unfair competition and under the federal Lanham Act,
which prohibits “false designations of origin, false descriptions, and
dilution.” These laws give you the right to bring a civil action
against someone appropriating your pseudonym or series title.
Further,
if a pseudonym or series name becomes identified with the person using
the name and/or the books and other products authored under the name,
it may be entitled to protection under trademark law, although
generally this is limited to the sale of ancillary products. If
you think your pen name or series name is entitled to trademark
protection, you should consult an intellectual property lawyer; also
see my article, “Do You Need A Trademark?” at
www.publishlawyer.com/carousel9.htm, which explains these concepts in
greater detail.
CAUTION: If your pen name also is the name of a
living individual, you must either obtain that person’s consent or file
a disclaimer stating that the name is not that of any real
person. Pen names also cannot be registered if they are the
name of a deceased President of the United States during the life of
the President’s widow except with the consent of the President’s widow.
What
about your web site name? Internet domain names are treated
differently under the law. Registration of your domain name by
the Internet Corporation for Assigned Names and Numbers (ICANN) is
separate from trademark registration. Nevertheless, you may be
able to register your domain name as a trademark, provided the name is
being used in connection with a site that is offering a service or
product.
© 2006 Daniel Steven
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