Anonymous Works – Legal Definition and Classification
Anonymous works are a significant concept in copyright law, particularly within German and European legal systems. They play an important role both regarding the duration of copyright protection and in the assignment of moral rights. The following encyclopedia article covers the definition, legal specifics, and classification of anonymous works, including typical scenarios and their relevance for copyright protection.
Concept and Legal Distinction
Definition of an Anonymous Work
An anonymous work is a work whose author is not named or cannot be identified at the time the work is published. According to Section 7 of the German Copyright Act (UrhG), the author is the person who created the work. However, if the work is published without stating the civil name or a unique pseudonym, it is considered an anonymous work within the meaning of Section 66 UrhG.
Distinction from Pseudonymous Works
If a pseudonym is used upon publication, making the author unidentifiable in legal dealings, the work is considered pseudonymous. However, a work is only deemed pseudonymous if the pseudonym does not allow any inference as to the author’s identity. There is a distinction between clearly identifiable pseudonyms and those that are not, with the latter being treated similarly to anonymous works.
Legal Consequences of Anonymity
Duration of Copyright Protection
The author’s anonymity has significant effects on the duration of copyright protection. According to Section 66 UrhG, the term of protection for an anonymous work begins with the publication of the work and lasts 70 years from the year of publication. If the author is identified within this period, the regular term of 70 years from the death of the author applies.
Scope of Protection and Exercise of Rights
Due to the lack of knowledge about the author, exercising copyright for anonymous works can be challenging. In such cases, statutory regulations—both under German and European law—provide that certain rights may be exercised by the person who published the work. Typically, this is the publisher or editor, who acts as the legal representative of the work. This representative scheme covers, among others, the right to enforce cease-and-desist and damages claims as well as further copyright claims.
Special Situations and Practical Relevance
Disclosure of Authorship
If the identity of the author is disclosed after the publication of a previously anonymous work, this has significant legal consequences. According to Section 66 (2) UrhG, from the time of disclosure the regular term of protection under Section 64 UrhG applies, namely 70 years post mortem auctoris (after the author’s death).
It should also be noted that the maximum duration of protection is 70 years from publication if the author does not become known within this period.
Special Considerations in the Case of Multiple Authors
For anonymous works with multiple authors, it is relevant whether all authors remain anonymous. If a work created by a group of people is published anonymously, the term under Section 66 UrhG applies only if the authorship of all co-creators is unknown. Otherwise, the period is governed by Section 65 or Section 64 UrhG.
International Aspects of Anonymous Works
The treatment of anonymous works is similar in most legal systems on an international level. The provisions of the Berne Convention for the Protection of Literary and Artistic Works also establish a regular term of 50 years from first publication, if the author’s name is not known. Many national laws, including the German UrhG, extend beyond the minimum international standards, offering 70 years of protection.
Practical Examples and Significance
Anonymous works are found particularly in the following areas:
- Newspaper articles without indication of an author
- Works from collectives (e.g., editorial contributions)
- anonymous texts, poems, or artworks, for example for political or social reasons
Anonymity may be chosen by the author, or result from external circumstances. While in the past anonymity was often used for protection against political persecution or for social reasons, digital publication forms today offer a new platform for anonymous publications.
Summary
According to the German Copyright Act, anonymous works are those whose authors are not named or are unidentifiable upon initial publication. The legal specifics primarily concern the term of protection, rules for the exercise of rights, and the subsequent disclosure of authorship. The largely harmonised international regulations provide legal certainty for the use and exploitation of such works, but also impose particular requirements on the protection of author and exploitation rights in individual cases.
Recommended Reading: For more in-depth engagement with the topic of anonymous works, it is recommended to consult the relevant statutes, commentaries, and pertinent court decisions, in particular Section 66 UrhG and the requirements of the Berne Convention.
Frequently Asked Questions
Who holds the rights to an anonymous work?
In the case of an anonymous work—i.e., a work whose author is not named upon publication—all copyrights fundamentally remain with the actual author. However, as the author’s identity is not publicly known, special legal rules apply: Often, the publisher, editor, or publishing contract partner acts as trustee for the rights and can be responsible for rights management, licensing, and legal enforcement. However, this is always done in the name and on behalf of the actual author, if the author comes forward. Statutory representation by the publisher only becomes binding after the period specified in Section 10 UrhG has expired, if the author remains anonymous. As long as the author does not appear publicly, the publisher or editor is considered the contact person for third parties regarding rights in the work.
How long does copyright protection last for anonymous works?
The term of protection for anonymous works differs from that for works where the author is named. Under German law (Section 66 UrhG), copyright in an anonymous or pseudonymous work expires 70 years after publication. If the author becomes known and can be clearly identified within this period, the term of protection is determined, as for regular works, by the author’s death (70 years post mortem auctoris). Therefore, the longer term of protection in favor of the author is always applied if the author reveals their identity before the anonymous protection period has expired.
Under what circumstances does anonymity expire and what are the consequences?
The anonymity of a work expires if the author identifies themselves as the creator—either by their own declaration or through other public disclosure. This can occur via official registration, publication, or other open communication. Once authorship is publicly established, copyright provisions change: Protection is then governed by the usual rules for named works, especially regarding the duration of protection and the assertion of moral rights. The author also thereafter has the right to object to the designation of authorship or to prohibit modifications to the work.
What claims or rights can an author of an anonymous work assert?
Even without public attribution, the author of an anonymous work may assert all copyright claims, especially for injunction, damages, and destruction of unlawfully produced copies. This is especially the case if the author reveals themselves during a legal dispute in court. The author thus retains full control over the exploitation of their work and can prevent third parties from using it, even if, due to lack of knowledge of authorship, these parties initially contact the publisher. However, it remains essential that the enforcement of rights generally requires the author’s identity to be disclosed, especially in legal proceedings.
How are licensing or transfer of rights handled for an anonymous work?
Licensing or exploitation of an anonymous work is usually carried out by the publisher or editor, who is thus considered the representative under Section 10 UrhG. Licensees must ensure that their contractual partner is actually authorized to transfer the rights, which is usually documented in the publishing agreement. If the author later abandons anonymity, they may approve or, according to the law, revoke existing licenses. Without disclosure of identity, licensees remain in a legal uncertainty between publisher and author rights; they are required to carefully verify and document the origin of the rights.
What special considerations apply to litigation over anonymous works?
In legal disputes involving anonymous works, legal standing and passive legitimacy are key issues. If an infringement of copyright is alleged, the publisher or editor is usually entitled or obligated to sue or be sued, as long as the author remains anonymous. However, the actual author can participate as a party at any time upon disclosure of identity. In all proceedings, the burden of proof is more difficult, as evidence of authorship and entitlement can only be based on circumstantial evidence or confidential documents if the author wishes to remain anonymous. The court generally grants protection of the author’s identity unless compelling reasons dictate otherwise.
Are special copyright notices required for anonymous works?
It is also advisable for anonymous works to include a copyright notice to inform third parties of copyright protection. Instead of the author’s real name, a note such as “author unknown” or the name of the publisher/editor may be provided. The legal effect of a copyright notice remains intact, although it is declaratory only and not constitutive. Particularly for international publications, the applicable copyright marking requirements should be observed. The presence of a copyright notice can also facilitate the assertion of rights in the event of a dispute.
