What Means My Name to You?.. The Right to an Author’s Name in Modern Conditions

Abstract

The protection of the rights and legitimate interests of creators and performers is of utmost importance in an era of rapid development of new technologies and intensive information exchange. And although most often violations relate to the area of exclusive rights and are associated with the misuse of the legal object, the implementation of personal non-property rights, in particular, the right to a name, often causes practical difficulties and gives rise to conflicts.
The author (or performer) can exercise the right to a name in various ways: by indicating his real name as well as a fictitious one, or by resorting to anonymity. Each of the chosen methods is correct. So, it is no secret that many authors (screenwriters, in particular) and performers prefer to not use their real name, but a fictitious one, i.e. a pseudonym, in their creative activity. In accordance with paragraphs 4. and 5. of Article 19 of the Civil Code of the Russian Federation, the name of an individual or his or her pseudonym can be used with the consent of this person by other persons in their creative, entrepreneurial or other economic activities in ways that exclude misleading third parties regarding the identity of citizens, as well as excluding abuse of law in other forms.
However, law enforcers often interpret the right to a name erroneously, or even worse, completely ignore this personal non-property right of authors and performers. Despite the fact that the pseudonym of a citizen can be used by third parties only with his or her consent, problematic situations often arise. How can the author prove that it was he or she who was hiding under an assumed name? How to secure a pseudonym from those who do not mind basking in the rays of someone else’s glory? The current legislation does not envisage any procedure for registering pseudonyms, so those authors and performers who seek additional protection of their creative name can use various ways and legal mechanisms. Nowadays, while authors and performers have a wide range of opportunities to both protect and dispose of their right to a name, in an era of active distribution of digital content, the issue of the status of the author’s name and its protection becomes extremely relevant.