Introduction
An author’s name is far more than a simple label used to identify the creator of a literary work. It embodies reputation, credibility, market value, and intellectual legacy. In the publishing industry, readers often select books not merely because of their subject matter, but because they trust and recognise the name of the author behind them. For many writers, especially those who seek privacy, creative freedom, or a distinct public persona, this identity is expressed through a pen name or pseudonym. Over time, such names acquire independent commercial and reputational significance, functioning as the principal marker of authorship in the literary marketplace.
Authorial Identity and Market Value
The digital age has intensified the importance of authorial names as legal and commercial identifiers. Online bookstores, self-publishing platforms, search engines, and social media have transformed pen names into searchable brands capable of generating substantial economic value. However, this same digital visibility has also made pen names highly vulnerable to misuse. Fake author profiles, unauthorised book listings, misleading advertisements, and impersonation are increasingly common, often confusing readers and diverting revenue away from genuine authors.
Legal Position of Pen Names in India
Despite these developments, Indian law does not expressly recognise pen names as a distinct category of legal rights. Instead, protection for pseudonyms is scattered across copyright law, trademark law, and the common law doctrine of passing off. This fragmented framework creates uncertainty for authors who rely on pen names, particularly in determining how they can prevent third parties from exploiting their identity or misrepresenting their works.
Need for Comprehensive Legal Recognition
This article contends that pen names and pseudonyms should be understood as a form of legal identity under Indian law. By analysing international principles, domestic statutory provisions, judicial interpretations, and digital-age challenges, this paper demonstrates that an author’s chosen name deserves comprehensive legal protection. It further argues that a coherent legal framework is necessary to preserve authorial dignity, prevent deception, and protect the commercial value attached to literary identities.
Definitions And Conceptual Foundations
What Is a Pen Name or Pseudonym?
A pen name, or pseudonym, is a name adopted by an author in place of their legal name for the purpose of publishing literary or artistic works. Authors may use pseudonyms to protect privacy, avoid social or political repercussions, experiment with different genres, or create a distinct market identity. The use of a pen name does not alter the fact that the person behind it remains the true author of the work.
- Protect privacy
- Avoid social or political repercussions
- Experiment with different genres
- Create a distinct market identity
International copyright law explicitly recognises pseudonymous authorship. Article 7(3) of the Berne Convention affirms that works published under a pseudonym enjoy the same copyright protection as works published under the author’s real name.
Source: Berne Convention for the Protection of Literary and Artistic Works, Article 7(3)[1]
Authorial Identity And Goodwill
An author’s name functions as a source identifier in the literary market. Readers associate particular qualities, styles, and genres with an author’s name, whether real or assumed. Over time, this association generates goodwill, which has both economic and legal significance.
In law, goodwill attached to a name is protectable against misrepresentation. The doctrine of passing off prevents third parties from using a name or identity in a way that misleads the public into believing that their goods or services originate from another.
Source: Reckitt & Colman Products Ltd v Borden Inc[2]
Pen Names And Moral Rights
Under Indian copyright law, an author has the moral right to be identified as the creator of their work. Section 57 of the Copyright Act, 1957 grants authors the right to claim authorship and to restrain false attribution. When an author writes under a pen name, that pseudonym becomes the legally recognised representation of their authorship.
Unauthorised use of an author’s pen name therefore amounts to a violation of moral rights, as it misrepresents authorship and undermines the author’s identity.
Source: Copyright Act, 1957, Section 57[3]
Pen Names As Commercial Identities
In contemporary publishing, an author’s name often operates as a brand. Successful pen names attract readership, influence marketing strategies, and generate revenue across multiple platforms. Indian trademark law allows names and pseudonyms to be registered as trademarks, provided they are capable of distinguishing the goods or services of one person from those of others.
A pen name that has acquired commercial recognition can therefore qualify for trademark protection.
Source: Trade Marks Act, 1999, Section 2(1)(zb)[4]
Digital Platforms And Authorial Fragmentation
Digital platforms have multiplied the spaces in which author identities appear. Online marketplaces, social media, and self-publishing portals allow authors to present themselves under their chosen names. However, these platforms often lack adequate verification mechanisms, making it easier for imposters to misuse or imitate established pen names.
This fragmentation of identity creates significant legal and practical challenges for authors seeking to protect their reputation in digital environments.
| Aspect | Impact on Authors |
|---|---|
| Online Marketplaces | Risk of impersonation and misattribution |
| Social Media | Difficulty in maintaining authentic author identity |
| Self-Publishing Platforms | Limited verification of author credentials |
Source: World Intellectual Property Organization – Online Branding and Intellectual Property[5]
International And Comparative Recognition Of Pen Names
International copyright law has long recognised that authors may choose to publish under names other than their legal identities. This recognition is essential to ensuring that authors who use pseudonyms are not deprived of legal protection or dignity.
Protection Under The Berne Convention
Article 7(3) of the Berne Convention expressly provides that works published under a pseudonym enjoy the same protection as works published under the author’s real name, once the identity of the author is known. This establishes that the law protects authorship, not merely the legal name of the author.
Source: Berne Convention for the Protection of Literary and Artistic Works[6]
Moral Rights In International Practice
Many jurisdictions also recognise the continuing protection of moral rights, including the right to attribution and integrity, even where an author uses a pseudonym. In France, moral rights are perpetual and attach to the author’s identity, whether expressed through a real name or a pen name. German copyright law similarly protects the author’s personal connection with the work beyond economic considerations.
Source: WIPO – Moral Rights and International Practice[7]
Pen Names Under Indian Copyright Law
Indian copyright law does not explicitly define pen names, but it strongly protects the concept of authorship and attribution. Section 57 of the Copyright Act, 1957 grants the author the right to claim authorship and to restrain or claim damages for any false attribution or distortion of their work.
When an author publishes under a pen name, that pseudonym becomes the recognised expression of their authorship. Any unauthorised use of the same pen name in connection with similar literary works would therefore amount to false attribution and a violation of moral rights.
Source: Copyright Act, 1957, Section 57[8]
Judicial Recognition Of Moral Rights
The Delhi High Court, in Amarnath Sehgal v. Union of India, affirmed that moral rights are rooted in the dignity and personality of the author and survive beyond the economic ownership of the work. This reasoning supports the idea that an author’s chosen identity, including a pen name, deserves legal respect and protection.
Source: Amarnath Sehgal v. Union of India, 2005 (30) PTC 253 (Del)[9]
Protection Of Pen Names Through The Law Of Passing Off
Apart from copyright law, pen names are also protected under the common law doctrine of passing off. When a pen name becomes associated with a particular author and their works, it generates goodwill. Any unauthorised use of the same or a deceptively similar name in a manner that misleads the public amounts to passing off.
Essential Elements Of Passing Off
- Goodwill
- Misrepresentation
- Damage
If a third party publishes books under a pen name identical or confusingly similar to that of a well-known author, it creates confusion among readers and causes damage to the author’s reputation and economic interests.
Source: Reckitt & Colman Products Ltd v Borden Inc[10]
Indian Judicial Approach To Passing Off
Indian courts have consistently applied the principles of passing off to protect names and identities that have acquired market recognition. This doctrine therefore provides a powerful remedy against impersonation and identity theft in the publishing industry.
Source: Cadila Health Care Ltd v Cadila Pharmaceuticals Ltd[11]
Trademark Protection of Pen Names
In the modern publishing industry, an author’s pen name often functions as a commercial brand. Indian trademark law allows names and pseudonyms to be registered as trademarks if they are capable of distinguishing the goods or services of one person from those of others.
Under the Trade Marks Act, 1999, a pen name used in connection with books, publishing services, or digital content can be registered as a trademark once it has acquired distinctiveness. Trademark registration provides statutory rights, including exclusive use, legal remedies against infringement, and protection against dilution.
Source: Trade Marks Act, 1999, Section 2(1)(zb)[12]
Trademark protection is particularly valuable in the digital age, as it enables authors to take action against unauthorised use of their pen names on e-commerce platforms, websites, and social media.
Key Benefits of Trademark Registration
- Exclusive use of the registered pen name
- Legal remedies against infringement
- Protection against dilution of the pen name
- Stronger enforcement against unauthorised digital use
Digital Misuse and Identity Theft of Authors
The rise of online publishing and social media has made it easier than ever for imposters to misuse an author’s pen name. Fake profiles, unauthorised book listings, and misleading advertisements not only confuse readers but also divert income away from genuine authors.
International intellectual property bodies have acknowledged that online branding and identity theft pose serious challenges to creators. Authors relying on pen names are particularly vulnerable because their legal identity is not immediately visible to the public.
Source: World Intellectual Property Organization – Online Branding and IP[13]
Common Forms of Digital Misuse
- Fake author profiles on social media platforms
- Unauthorised book listings on e-commerce websites
- Misleading advertisements using a pen name
Problems Faced by Authors Using Pen Names
While pen names offer privacy and creative freedom, they also expose authors to unique legal and commercial risks. In the absence of a clear statutory framework, authors who rely on pseudonyms often struggle to assert ownership and control over their literary identity.
One of the most common problems is impersonation. Digital platforms allow anyone to create author profiles, publish books, or sell content under any chosen name. As a result, imposters can exploit a well-known pen name to sell inferior or unrelated works, thereby misleading readers and damaging the genuine author’s reputation. Authors must then undertake the burden of proving their identity behind the pseudonym, which is often difficult in online environments.
Another major issue is loss of contractual control. Publishing and distribution contracts are usually executed under an author’s legal name, even though the work is marketed under a pen name. This creates ambiguity regarding whether rights attached to the pen name itself can be enforced, particularly after the author’s death or in disputes with publishers.
Source: World Intellectual Property Organization – Online IP and Branding[14]
Summary of Key Challenges
| Issue | Description |
|---|---|
| Impersonation | Imposters misuse a well-known pen name to publish or sell inferior or unrelated works. |
| Identity Verification | Authors face difficulty proving their identity behind a pseudonym in online environments. |
| Contractual Ambiguity | Uncertainty arises when contracts are executed under a legal name but marketed under a pen name. |
Gaps in the Indian Legal Framework
Although Indian copyright and trademark law provide indirect protection to pen names, there is no explicit statutory recognition of pen names as independent legal identities. This absence creates multiple gaps in protection.
Key Legal Gaps
- Copyright Law Limitations: Copyright law protects authorship but does not expressly clarify that the right to attribution includes the exclusive right to use a chosen pseudonym.
- Trademark Law Constraints: Trademark law protects names only when they are registered or have acquired distinctiveness, leaving many emerging authors without protection.
- Lack of Digital-Specific Protection: There is no dedicated legislation addressing impersonation of author identities on online platforms.
This fragmented legal framework places the burden of enforcement entirely on authors, who often lack the resources to engage in prolonged litigation.
Source: Copyright Act, 1957 and Trade Marks Act, 1999 – India Code [15]
Comparative International Approach
Several foreign jurisdictions provide stronger recognition of authorial identities.
| Jurisdiction | Legal Approach to Author Names |
|---|---|
| France | Moral rights are perpetual and include the right to protect the author’s name and reputation indefinitely. |
| Germany | Law recognises the enduring personal bond between an author and their work, regardless of the name under which it is published. |
These jurisdictions treat author names as integral to the dignity and personality of the author, not merely as commercial identifiers. Such approaches demonstrate that stronger protection of pen names is both legally feasible and culturally justified.
Source: WIPO – Moral Rights and Comparative Copyright Law [16]
Need for Stronger Legal Recognition
In the digital age, an author’s pen name functions as a core element of their professional and economic identity. Without clear legal recognition, authors remain vulnerable to deception, revenue loss, and reputational harm.
Protecting pen names is therefore not merely a matter of intellectual property, but also one of personal dignity, consumer protection, and market fairness.
Recognising pen names as legally protected identities would:
- Promote transparency in publishing
- Prevent misleading and deceptive practices
- Strengthen trust between authors and readers
Source: Berne Convention – Moral Rights and Attribution [17]
Recommendations
To ensure effective protection of pen names and pseudonyms, the following legal and policy reforms are necessary:
- Explicit statutory recognition of pen names under the Copyright Act
- Expansion of moral rights to cover misuse of pseudonyms
- Simplified trademark registration for author names
- Platform-level verification of author identities
- Faster legal remedies against impersonation
Source: National IPR Policy, Government of India [18]
Conclusion
Pen names and pseudonyms are no longer merely artistic choices; they are vital components of an author’s legal, economic, and reputational identity. In a digital publishing environment where names function as brands and search keys, the absence of strong legal protection exposes authors to serious harm.
While Indian law offers partial safeguards through copyright, trademark, and passing off, these mechanisms remain fragmented and inadequate.
A more coherent and integrated legal approach is essential to protect the dignity, legacy, and commercial value attached to authorial identities. Recognising pen names as legally protected identities would not only safeguard authors but also enhance consumer trust and fairness in the literary marketplace. References:
- Copyright Act, 1957 – India Code [19]
- Trade Marks Act, 1999 – India Code [20]
- Berne Convention for the Protection of Literary and Artistic Works [21]
- Amarnath Sehgal v. Union of India [22]
- Reckitt & Colman Products Ltd v. Borden Inc [23]
- World Intellectual Property Organization – Copyright & Branding [24]
End-Notes:
- https://www.wipo.int/treaties/en/ip/berne/
- https://www.bailii.org/uk/cases/UKHL/1990/12.html
- https://www.indiacode.nic.in
- https://www.indiacode.nic.in
- https://www.wipo.int/ip-outreach/en/ipday/
- https://www.wipo.int/treaties/en/ip/berne/
- https://www.wipo.int/copyright/en/
- https://www.indiacode.nic.in
- https://indiankanoon.org/doc/144116/
- https://www.bailii.org/uk/cases/UKHL/1990/12.html
- https://indiankanoon.org/doc/1011346/
- https://www.indiacode.nic.in
- https://www.wipo.int/ip-outreach/en/ipday/
- https://www.wipo.int/ip-outreach/en/ipday/
- https://www.indiacode.nic.in
- https://www.wipo.int/copyright/en/
- https://www.wipo.int/treaties/en/ip/berne/
- https://dpiit.gov.in/ipr-policy
- https://www.indiacode.nic.in
- https://www.indiacode.nic.in
- https://www.wipo.int/treaties/en/ip/berne/
- https://indiankanoon.org/doc/144116/
- https://www.bailii.org/uk/cases/UKHL/1990/12.html
- https://www.wipo.int
Written By: Kunal
