• NOC needed for copyright

Hi.. I had written a novel with a pen name (pseudonym) and applied for a copyright online. However when I applied for copyright, the author name is my pen name and the copyright holder name is my actual name. Now I have got a discrepancy letter from Copyright office that I need to submit NOC of author in favour of applicant. But since author and applicant are both same persons here (myself and my pseudonym), is there any way I can submit a NOC for legal purpose in this case? Also can I directly get in touch with a lawyer in this website for this case?
Asked 2 months ago in Intellectual Property

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

8 Answers

Dear client, You're right, this situation requires clarification for the copyright office. While you are both the author (under your pen name) and the copyright holder (your real name), the discrepancy might be causing a hurdle. Here's how you can address this:

 

1. Contact the Copyright Office:

 

Explain the situation to the copyright office. Mention that you are the author and copyright holder, but you used a pen name for authorship while your real name is on the application.Inquire about the possibility of submitting a sworn statement or affidavit instead of a No Objection Certificate (NOC). This statement would clarify that you are both the author (pen name) and the copyright holder (real name).

 

2. Sworn Statement/Affidavit:

 

If the copyright office allows a sworn statement, you can draft one yourself or consult a lawyer for a more formal document.The statement should clearly mention:Your real name and pen name.That you created the copyrighted work under the pen name.You are the sole owner of the copyright registered under your real name.

 

 

Anik Miu
Advocate, Bangalore
8943 Answers
110 Consultations

4.7 on 5.0

You can submit an affidavit that both are one and same person that you had written novel in your pen name but applied for copyright in your real name 

Ajay Sethi
Advocate, Mumbai
94809 Answers
7554 Consultations

5.0 on 5.0

Since it is a procedure to be complied with,  you may attach an affidavit duly notarized stating the fact and explain that since it is your own work which can be established through the relevant documents attached to your affidavit. you can request the authorities to waive this requirement. 

You have started the process online as party in person hence you can follow the further steps as suggested. 

T Kalaiselvan
Advocate, Vellore
85010 Answers
2208 Consultations

5.0 on 5.0

Yes you can take telephonic consultation and get in touch with lawyer on this site 

Prashant Nayak
Advocate, Mumbai
31968 Answers
180 Consultations

4.1 on 5.0

Yes, you can make an affidavit done from the first class magistrate stating the actual fact and mentioning that both the names belong to the same and identical person. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

Obtain an Affidavit stating that the author's name and the pseudo name (pen name) belong to the same person and then submit NOC signed by you in the capacity of Author. If interested you can contact me through Kanoon.com

Shashidhar S. Sastry
Advocate, Bangalore
5129 Answers
314 Consultations

5.0 on 5.0

- Yes, you can execute an Affidavit after mentioning that both names are same and of one person 

- Further, notarized this affidavit and submit it before the Copyright office. 

- You can take help from any lawyer of this website .

Mohammed Shahzad
Advocate, Delhi
13267 Answers
198 Consultations

5.0 on 5.0

if that be so then this fact that the person having the pen name and your actual name is one and the same, is required to be notified to the copyright office and since its one person only, no noc is required

 

Yusuf Rampurawala
Advocate, Mumbai
7521 Answers
79 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer