Copyright under an alias?

[photoguy6405]

Would "(c) 2008 photoguy6405" be considered an enforcible copyright? Most places I wouldn't care if I gave my real name or not, but occasionally I might want to retain anonymity.

I would think it would as you own the photo the moment you take it, so it seems that whichever name you choose to use at any given moment would be moot.

[John Mireles]

A notice of copyright next to your image isn't necessary for the establishment of your copyright. You own the image the moment you create it regardless of whether you place a copyright notice or not and/or whether in your name or not.

Where placing notice helps is in the event that someone infringes on your copyright. When you place a notice next to your image, the infringer can't argue that they didn't know it was a copyrighted image. If your image is registered with the copyright office, you're then entitled to statutory damages for willful infringement.

Now, if you don't use your real name or don't credit the photo, then the infringer can argue that they didn't know who the copyright owner was or if the copyright even existed. There's Orphan Works legislation going through Congress right now that will make it easier for companies to use uncredited work.

Unless there's a compelling reason not to properly credit yourself, I'd be safe and just use your name.

John

[itshopeless]

not to threadjack, but if you always use the same alias (meaning, you never use your real name on your images) can it still be argued that the infringer didn't know who's work they were using?

[Woolburr]

For a question this complex, I would strongly suggest you contact an attorney that specializes in copyright law. You are bound to get lots of dime store lawyer advice here...but when it comes down to money and being legally enforceable...it is always advisable to seek the opinion of a qualified party. Let us know how you make out.

[watchtherocks]

For a question this complex, I would strongly suggest you contact an attorney that specializes in copyright law. You are bound to get lots of dime store lawyer advice here...but when it comes down to money and being legally enforceable...it is always advisable to seek the opinion of a qualified party. Let us know how you make out.

+1. Leave it to the experts.

[sfaust]

Unless you register your images, you can't file for copyright infringement anyway. So the key will be how you register the image, not what watermark you put on the images. To be safe, they should always match to avoid legal issues. So either register them in your name, or create a legal business entity as photoguy6405 and register them under that name.

But, if you register it as a photoguy6405 under a business entity, and the business closes down, you no longer have control over those copyrights. They aren't yours, but were the property of the business. You would need to have the business transfer the copyright to you prior to closing it down.

It almost always makes sense to register the copyright in your own name.