what kind of lawyer do i need for a pen name

But if you use a pen name, be cognizant of the legal nuances created that you may need to navigate. Use a little common sense, or when in doubt, consult a qualified lawyer. One last point, and here comes the disclaimer (lawyers, we love our caveats), this is not legal advice and does not form an attorney-client relationship.

Full Answer

How can I legally own a pen name?

Under U.S. law you can't copyright a name, real or fictitious. Copyrights protect authorship, such as short stories, poems, or novels. You can register a manuscript under a pen name at the copyright office (www.copyright.gov). You'll have to provide some information, including your real address.

How much does it cost to purchase a pen name?

You must pay filing fees of at least $375 when you file your trademark application. If you want trademark protection in multiple commercial classes, you'll have to pay higher fees.

Do I need to trademark a pen name?

Legal Myth No. While the name of a living author is not usually entitled to trademark protection, a pen name can be if certain conditions are met. The author must prove that the name has “secondary meaning” by being part of a unique brand that is used in marketing and commerce, and is widely recognized.

Do you need a DBA for a pen name?

No, you don't need to use a DBA for a pseudonym/"pen name"/pka/"professionally known as" name, but you can if you want to. You can also register your literary works under...

Are pen names illegal?

Are pen names legal? Yes, an author can legally use a pen name or pseudonym to publish their intellectual property. Pen names are legal, as long as you have purchased the rights to your pen name, and have copyrighted your name.

Is a pen name a business name?

A pen name is used in place of a given name to make the user stand out more (or less), to protect privacy, or to provide anonymity. In terms of using a pen name for business purposes such as signing a contract with a pen name, there is no real benefit for such use.

How to trademark a pen name?

You can use your trademark on all of your work legally. Go to the website for the United States Patent and Trademark Office and use the Trademark Electronic Search System (TESS) to check that the words or name you want to trademark are available. The system will let you know if your pen name is already being used. If not, you can download the application at the website and fill it out online. As long as your pen name is not already in use as someone else's trademark, you can legally begin to use it immediately.

How to change pen name in place of given name?

Apply through the court system in your state for a legal name change to use your pen name in place of your given name. Contact the clerk at your local government office to obtain the forms and find out the guidelines in your state for a name change. Fill out the forms and submit back to the appropriate government office.

Can a writer use a pen name?

In many cases, a writer will use a pen name for his work and his legal name for contract signing, receiving payments or tax purposes; however, some people prefer to use their pen names in lieu of their given name, and this can be done legally with a little effort.

Can you use pen name in lieu of given name?

When you use your pen name in lieu of your given name, make sure everything is clear and up front with publishers, the bank or the IRS so there is no confusion. It is legal to use whatever name you choose as long is it is done without fraudulent intent.

What Services Can Lawyers Help Me With?

A lawyer is a professional who is licensed to practice law by the governing Bar Association in the state where they practice. Lawyers are also known as attorneys when they represent clients in court.

What Types of Lawyers are There?

There are numerous types of laws in effect in the United States, with new laws being put into action constantly in our common law system. There are just as many types of lawyers who can help you navigate their specialty.

How Carey Leisure & Neal Can Help

No matter what kind of situation you find yourself in, the team at Carey Leisure & Neal is happy to help guide you in the right direction. We have worked hard to find the top local attorneys in each area of practice and would be happy to provide you with a referral.

What to do if you don't have a pen name?

If you don't already have a pen name in mind, come up with some possibilities that you can evaluate. You might want to choose a pen name that is related to your real name, or that reflects an event that happened in your life. Keep in mind that the pen name you choose will become a part of you. There will be people who know you ...

Why do people use pen names?

Many writers choose to use a pen name for many reasons, including to protect their identity when writing a memoir or to write in different genres. There's no real legal process to using a pen name – typically you can just pick one and use it.

How long does a pen name last?

Copyrights registered under pen names only last for 95 years from publication or 120 years from creation, whichever comes first. However, if you use your legal name as the claimant, your copyright protection will last for your entire life plus 70 years.

How much does it cost to file a trademark?

You must pay filing fees of at least $375 when you file your trademark application. If you want trademark protection in multiple commercial classes, you'll have to pay higher fees.

Is a pen name good for a writer?

Don't forget to do a general online search for the name, which could turn up social media accounts and other stories involving people with the same name. As long as the name isn't shared by someone who also is a writer, your pen name may be good to go.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

Is Marie Curie a pen name?

For example, if you've chose n "Maria De La Curi e" as a possible pen name, it may be too close to the name of famous scientist Marie Curie to work for you. Some last names, such as Hilton or Trump, are too well associated with famous people to work as a pen name, even if the first name is significantly different.

What should a pen name include?

Make sure your pen name is short. It should include a first name and last name but NOT a middle name and NO middle initials. It’s so important to follow this simple principle because readers will have to remember your pen name, tell their friends about it, and be able to find it online when searching in Google or Amazon.

Why do writers use pen names?

Anonymity. A pen name allows you to write and publish your book anonymously. So if you’re a practicing attorney and don’t want your clients or partners to know you write steamy romance novels on the side, you’ll want to use a pen name. 2.

Can you have multiple pen names on social media?

Marketing multiple pen names with multiple social media accounts and websites is just a headache you’re better off avoiding by sticking to publishing books under a single author name unless there’s a really good reason not to. 3.

Can you copyright a pen name?

Can You Copyright Under a Pen Name? According to copyright.gov, a copyright does not protect pseudonyms or pen names. Therefore, if you write under a pen name, you’ll want to provide both your legal name and your pen name on your application for copyright registration.

Robert Grant Pennell

I'm not aware of any requirement for you to register as a fictitious name a pen name that you write under. What does raise questions to me is your comment that you want to use this pen name for safety and privacy reasons but are talking about registering the Blogs as fictitious names.

Chelsea Merta

I am changing this practice area to Business -- you'll have better luck there than you will in the prenuptials practice area.

What is the legal myth of pen name?

Legal Myth No. 7: A pen name will prevent breach of contract liability. If a contract has been signed under the author’s name, the author cannot avoid contract obligations by hiding behind a pen name.

What is a pen name contract?

Contracts are an exchange of promises memorialized in writing (either on paper or a digital file) signed by persons who have demonstrated unequivocal intent to be bound by the terms (either personally or for the business they represent). Using a pen name does not affect the validity of the contract. The act of signing, rather than what name was used to sign, is what determines a contract was formed. Using a pen name does not provide any special legal privileges, nor shield a writer from say, a breach of contract claim (see No. 7 below). An author is still bound by the contractual obligations, whether they signed using their legal name or pen name.

Can you copyright a pen name?

Copyrights protect whatever work a writer creates, automatically. While authors tend to use their legal names to register copyrights, authors can register a copyright under their pen names, or both if they like. The copyright registration process provides an author the opportunity to add both their legal name and pen name to the copyright application.

Can you avoid paying taxes with a pen name?

The old cliché about death and taxes comes to mind – two things you cannot avoid. Attempting to skirt income tax by using a pen name would be tax fraud. Just because money is earned under your pen name, does not mean you can cut your taxable income and avoid paying taxes. Uncle Sam always gets his money.

Can a publisher hire a troop of writers to create new work under a well-known pen name?

The publisher knows an authors’ pen name can become well-known and a marketable commodity. If the publisher retains all rights in the pen name, the publisher can then hire a troop of writers to create new work under the well-known pen name.

Can you use another person's pen name?

But you might be able to use another person’s pen name as your own if the circumstances are right. For example, often a publisher will negotiate for ownership of a pen name. Romance writers understand this all too well. The publisher knows an authors’ pen name can become well-known and a marketable commodity.

Can an author sign a contract with a pen name?

An author is still bound by the contractual obligations, whether they signed using their legal name or pen name. The bottom line — signing a contract using a pen name is possible. That said, most contracts involving a writer whose creative endeavors require a pen name are still signed using the writer’s legal name.

Who reviews name change petitions?

Once that is done, a judge or magistrate will review the information on the forms and determine whether to grant or deny the name change request. In most cases, the judge will grant the petition.

Can you be charged for changing your name to someone else's name?

For instance, if the person wants to change their name to someone else’s with the intent to assume that person’s identity and to collect on their benefits, then not only will their request be struck down because it is illegal, but they can be charged criminally for it as well.