Page 243 - DLIS002_KNOWLEDGE ORGANIZATION CLASSIFICATION AND CATALOGUING THEORY

Knowledge Organization: Classification and Cataloguing Theory

Notes In the case of a literary, dramatic, musical or artistic work (other than photograph), which is
published anonymously, copyright shall subsist until. Sixty years from the beginning of the
calendar year next following the years in which the work is fist published. In this regard S.3 of
Act No.13 of 1992 reads: “3. Copyright not to subsist if term has expired - For the removal of
doubts, it is hereby declared that copyright shall not subsist by virtue of this Act in any work in
which copyright did not subsist immediately before the commencement of this Act.”
In sub section (1), references to the author shall, in the case of an anonymous work of joint
authorship, be construed:

Where the identity of one of the author is disclosed, as references to that author.
Where the identity of more author than one is disclosed, as reference to the author who
dies last from amongst such authors.
In such section (1), references to the author shall, in the case of a pseudonymous work of joint
authorship, be construed:
where the names of one or more (but not all) of the authors are pseudonymous and his or
their identity is not disclosed, as references to the author whose name is not a pseudonym,
or, if the names of two or more the authors are not pseudonymous, as references to such of
those authors who dies last,

where the names of one or more ( but not all) of the authors are pseudonyms and the
identity of one or more of them is disclosed, as references to the author who dies last from
amongst the authors whose names are not pseudonymous and the authors whose names
are pseudonyms and disclosed, and
where the names of all the authors are pseudonyms and the identity of one of them is
disclosed, as references to the authors whose identity is disclosed or if the identity of two
or more of such authors is disclosed, as references to such of those authors who dies last.

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Caution For the purposes of this section, the identity of an author shall be deemed to have
been disclosed, if either the identity of the author is disclosed publicly by both the author
and the publisher or is otherwise established to the satisfaction of the Copyright Board by
that author.
Often, writing under a pseudonym is as easy as putting the phrase “writing as” on your
manuscript. For articles, short stories, and poetry, you can simply put your real name in the
upper left corner of your manuscript (or on the cover page), and list your pen name as your by-
line beneath the title. However, to ensure that your editor publishes the work under the “correct”
name, you may want to remind the editor in your cover letter that you are “writing as” your
pseudonym.
The Copyright Office offers several ways to register pseudonymous works. The first, and safest,
is to record your legal name under “name of author,” followed by your pseudonym (e.g., “Mary
Smith, writing as Marianne Carmichael”). You should also check “yes” to the question, “Was
this author’s contribution to the work pseudonymous?” If you don’t wish to reveal your identity,
you can both provide your pseudonym only and identify it as such (e.g., “Marianne Carmichael,
pseudonym”) or leave the author space blank. You can also use your pseudonym in the “copyright
claimant” line, though the Copyright Office warns that using a fictitious name here could raise
legal problems regarding ownership of the copyright and suggests that you consult a lawyer
first.

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