Do authors and performers have a legal right to pseudonymity?

Abstract

ABSTRACTAuthors and performers use pseudonyms in order to distance themselves from their works and performances. Pseudonymity protects expressive, creative, privacy and reputational interests. In this article we consider whether authors and performers should have a legal right to exclusive pseudonymity, that is, a right to be identified by their pseudonym to the exclusion of their real name. We argue that authors and performers should have a qualified right to pseudonymity, enforceable through a claim for misuse of private information, but which may be outweighed by other fundamental rights in some circumstances. We also consider the extent to which authors and performers are already protected from unwanted exposure of their identities by the laws of freedom of expression, privacy, moral rights and passing off.