Using a pen-name: possible legal issues?
Asked by: Jasmine Parrish
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. An author of a copyrighted work is allowed to use a pseudonym or a pen name.
Why you shouldn’t use a pen name?
Pen names can complicate social gatherings, especially if you forget and introduce yourself to someone under your given name, or fail to respond when someone calls you by your pen name. Also, conferences and signings may become challenging if you’re juggling two names.
What are the pros and cons of using a pen name?
Writing a Book – 5 Pros and Cons to Consider If Using a Pen Name
- you write under more than one genre.
- your name is not marketable.
- your output exceeds what your publisher can use.
- you have a day job and don’t want to get fired.
- to hide gender (a male writing in predominantly female genre)
How do you legally use a pen name as an author?
When filing for copyright protection for your writing, use your real name for “Copyright Claimant” and your pen name for “Name of Author.” If you do not want your legal name associated with the pen name, enter only the pen name under “Name of Author” and identify it as such (Lucy Lychuzweckio writing as Lucy Smith).
Can you stay anonymous with a pen name?
Why Use a Pen Name. Using a pen name, or nom de plume, can provide you with the freedom of anonymity if you have concerns about people knowing that you have written a particular book.
Should an author use a pen name?
To use or not use a pen name or pseudonym is a personal choice. There’s not really a right or wrong answer on this—unless you do share a name with a well-known author and/or celebrity. Just remember: If you do use one, be ready to take on that new persona (even if it’s very similar to your actual identity).
Why do you think they use pen names in their literary works and other official documents and transactions?
A new name can give an author another chance to release their work without bias or predisposition, and bypass the possibility that their writing will be immediately rejected upon seeing their real name. They can’t publish under their real name.
Can I use real names in my book?
Using someone’s name, image or life story as part of a novel, book, movie or other “expressive” work is protected by the First Amendment, even if the expressive work is sold or displayed.
Do authors use fake names?
A pen name, otherwise known as a pseudonym, is an assumed name that an author will publish under, rather than his or her real name. Some of the most well-known, famous authors have used a pen name to conceal their identities.
What is the job of a ghost writer?
A ghostwriter is a freelance writer who pens a text that is credited to someone else. Ghostwriters can write a number of works on behalf of a client, including nonfiction books, public speeches, online content, and book proposals.
Can I use a pseudonym for business?
Having a business with a fictitious name is definitely legal, provided that you have filed the proper documentation (such as registering your business, incorporating, or filing a “doing business as” statement), and carried out the proper trademark searches.
Are there any anonymous authors?
The most commonly claimed authors are Arthur Desmond or Jack London. Supernatural Religion: An Inquiry into the Reality of Divine Revelation by Walter Richard Cassels, originally published anonymously. Tales of the Dead, translated by Sarah Elizabeth Utterson, published anonymously.
How do I keep my pen name secret?
Web Design Relief Explains Seven Ways To Keep Your Secret Identity Safe
- Get A New Email. …
- Set Up Separate Social Media Profiles. …
- Purge Personal Photos. …
- Soft-Focus Your Bio. …
- Consider Copyright Issues. …
- Check Out DBAs And FBNs. …
- Limit Public Appearances. …
- QUESTION: Do you think pseudonyms are a good or bad idea for authors?
How does a pen name work?
A fancy French term for “pen name” or pseudonym, using a nom de plume means picking a name other than your own and slapping it on the front of your book. That way you can—the theory goes—write about all the things, without all the anxiety. And to some degree that’s true.
Do you need permission to write about someone in a book?
First, a simple rule. If what you write about a person is positive or even neutral, then you don’t have defamation or privacy issues. For instance, you may thank someone by name in your acknowledgements without their permission. If you are writing a non-fiction book, you may mention real people and real events.
Can you sue someone for writing about you?
Written defamation is called “libel,” while spoken defamation is called “slander.” Defamation is not a crime, but it is a “tort” (a civil wrong, rather than a criminal wrong). A person who has been defamed can sue the person who did the defaming for damages.
How can I write without being sued?
12 Ways to Avoid Getting Sued When Writing Your Memoirs by Angela Hoy, WritersWeekly.com and BookLocker.com
- Change your name. …
- Change the names of everyone else in the book, even pets.
- Change the descriptions and even the gender of some of the folks portrayed in your book.
- Change all locations.
Can you quote someone without permission?
Unfortunately, quoting or excerpting someone else’s work falls into one of the grayest areas of copyright law. There is no legal rule stipulating what quantity is OK to use without seeking permission from the owner or creator of the material.
How do you find out if a quote is copyrighted?
You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS).
How do I get permission to use an image?
Obtaining Permission
You send a letter to the holder asking for permission and stating how you intend to use the image. The holder sends a letter back granting you permission. Your request should be as specific as possible in describing the intended use of the image.
How many words can you quote without permission?
The American Psychological Association allows authors to cite 400 words in single- text extracts, or 800 words in a series of text extracts, without permission (American Psychological Association, 2010).
Can you legally use quotes?
Copyright law allows quotations to be used more widely without infringing copyright, as long as the use is fair (in law, the use must be a “fair dealing”, see the box below) and there is a sufficient acknowledgement – which generally means the title and the author’s name should be indicated.
Do I need permission to quote an author?
To quote books or other works published before 1923. For news stories or scientific studies. Shorter quotes, references and paraphrasing is usually ok without permission. Copying large amounts of a story or study, however, may require permission from the writer or publisher.
What is considered fair use of copyrighted material?
What is fair use? Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and scholarship, and teaching. There are four factors to consider when determining whether your use is a fair one.
What are the 4 fair use exceptions to copyright?
Since copyright law favors encouraging scholarship, research, education, and commentary, a judge is more likely to make a determination of fair use if the defendant’s use is noncommercial, educational, scientific, or historical.
What are some examples of uses that would be considered fair use?
Examples of fair use in United States copyright law include commentary, search engines, criticism, parody, news reporting, research, and scholarship. Fair use provides for the legal, unlicensed citation or incorporation of copyrighted material in another author’s work under a four-factor test.