In the field of copyright, not all published works clearly state the author’s name. In fact, many works are published anonymously or under pseudonyms, making it impossible for the public to identify the creator’s true identity. This raises the question: How long is the copyright protection for anonymous works? Let’s explore this in the article below.
What is an anonymous work?
Current intellectual property law does not provide a specific definition of “anonymous work.” However, it can be understood as a work published without the author’s real name or without the creator’s identity being identifiable.
Examples:
- A book published without the author’s name;
- A poem published anonymously;
- An artwork published without disclosing the creator’s identity.
The publication of works anonymously can stem from various reasons such as protecting privacy, avoiding public attention, or simply the author’s personal choice.
Although the author’s identity is not disclosed, these works are still protected by copyright law if they meet the conditions for protection as stipulated.
Are anonymous works protected by copyright?
The fact that a work does not bear the author’s name or does not disclose the creator’s identity does not mean that the work is not protected by law.
According to Clause 1, Article 6 of the Intellectual Property Law: “Copyright arises from the moment the work is created and expressed in a certain physical form, regardless of its content, quality, form, medium, language, whether it has been published or not, whether it has been registered or not.”
This regulation shows that copyright arises from the creative process itself, and does not depend on whether the author publicly reveals their real name, uses a pseudonym, or chooses to publish the work anonymously.
In other words, as long as the work is created through the author’s intellectual labor and expressed in a certain physical form such as text, sound recording, drawing, image, music, or electronic data, copyright is established and protected by law.
In practice, many authors choose to publish their works anonymously for various reasons, such as:
- Wanting to keep their personal identity secret;
- Avoiding impact on their work or private life;
- Wanting the public to focus on the content of the work rather than the creator;
- Not wanting to publicly disclose ownership of the work at the time of publication.
Regardless of the reason for its origin, anonymous works are still protected by copyright under the Intellectual Property Law.
However, to be protected, the work must meet the following basic conditions:
- It must be created directly by the author using their own effort and intellect;
- It must be expressed in a tangible form that allows for identification, preservation, or reproduction;
- It must not fall under the categories of works not protected by copyright as stipulated by law.
For example, a novel published without an author’s name, a poem published in a magazine anonymously, or a work of art published without revealing the creator’s identity can still be protected by copyright if it meets all the above conditions.
Furthermore, the fact that a work is published anonymously only affects the determination of the copyright holder and the duration of protection in certain cases, but does not negate the author’s copyright. Therefore, individuals or organizations using anonymous works still need to be aware of legal regulations to avoid copyright infringement and unnecessary legal disputes.
How long are anonymous works protected?
This is a question of great interest to many individuals and organizations when exploiting or using works whose authors cannot be identified.
According to Clause 2, Article 27 of the Intellectual Property Law: “The term of protection for property rights in anonymous works is 75 years from the date the work was first published.”
Therefore, for anonymous works, property rights will be protected for 75 years from the date the work was first published.
For example: An anonymous work is first published in 2025. At that time, property rights to the work will be protected until the end of 2100.
During the protection period, the exploitation, copying, distribution, or use of the work must comply with the provisions of copyright law.
The above is an article titled “How long are anonymous works protected?”. Hopefully, the above information has helped you better understand the copyright protection period for anonymous works, as well as how to determine the protection period in cases where the author’s identity is revealed after the work is published.
Sincerely,
FAQ
Once the author’s identity is determined, the protection period will no longer be based on 75 years from the date of publication. Instead, the protection period will be calculated according to general regulations, that is, for the author’s lifetime and 50 years after the author’s death.
Yes. After the protection period expires, individuals and organizations can use the work without needing permission or paying royalties. However, it is still necessary to respect moral rights that are protected indefinitely, such as not impersonating the author, not distorting or affecting the integrity of the work.