how much attorney doing business as pen name

Is it legal to use a pen name for business?

Some banks may require you provide a business license in the name you use as a pen name. Warnings Going to court can be a time-consuming and costly activity, especially if you hire a lawyer to help you change your name.

Do you need a lawyer to change your pen name?

Apr 18, 2016 · There's no real legal process to using a pen name – typically you can just pick one and use it. While most states have laws requiring people doing business under another name to register with the state, these laws generally don't apply to writers using pen names.

Should I create a corporation or LLC for my pen name?

Dec 30, 2019 · Why would a writer use a different name? I asked this question the other day in class. The middle school students were exploring the author Hector Hugh Munro (better known as Saki) and his experiences in WWI. For a brief moment, the topic of name-changing turned into a more general discussion. People use pen names … Continue reading "Pen Names Versus Doing …

Can a writer sign a contract under a pen name?

Jun 10, 2017 · Legal Myth No. 4: You can use another author’s real name as your pen name. Do not even think about it. Exploiting another’s identity for personal gain will get you sued. Identity theft to develop momentum in a writing career never works. If I used Stephen King as my pen name, I would hear from Stephen’s lawyers pronto.

How much does a pen name cost?

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.Jul 31, 2020

How do pen names work legally?

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. An author of a copyrighted work is allowed to use a pseudonym or a pen name.Nov 5, 2019

How do you get paid under a pen name?

If you want to know how to get paid under a pen name, that is a bit more complicated. Necessarily it will require you to create a legal entity under the pen name. There are a few different options to consider, like a DBA (Doing Business As) registration. Also, you may consider getting a Certificate of an Assumed Name.Nov 19, 2019

Can I use a pen name for my business?

A personal pseudonym used for business purposes is called a professional alias, a pen name (authors, journalists), or a stage name (actors, musicians). It's also perfectly legal.

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.

Do I have to trademark my pen name?

Names, whether real or pen names, cannot be “copyrighted”. Nor has any country's trademark office allowed them to be reserved under trademark. So there is no registry of any kind that records what names have been used, since there is no need for it. Your real name.

How do authors with pen names pay?

The pen name is set up through an agent and/or attorney. All of the contracts are written under the pen name, checks are issued to the pen name, and authors using pen names often don't make public appearances of any kind. This means that even the publisher and editor don't know who the author really is.

Do I need a DBA for a pen name?

You don't need a DBA for a pen name. You can buy a domain for a pen name and simply mask the site owner info (it costs more to do this, but not all that much). And with a domain, you can also set up email.Aug 17, 2017

How many pen names can you have?

WHEN SHOULD YOU NOT USE A PEN NAME? Amazon will only let you have three pen names under one Author Central account. It isn't TERRIBLE to have multiple pen names (more on that below), but if you can keep things easy, DO.Jul 11, 2019

Is it legal to do business with a fake name?

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.Dec 1, 2011

Do I have to use my real name for my business?

If you're operating as a sole proprietorship (meaning you are running your business but you haven't filed with your local government as an LLC or Corporation), you are legally obligated to use your given name in your business name. This is because you pay both your personal and business taxes as an individual.

Are aliases illegal?

The use of an alias in a public setting is more likely to be a personal safety issue rather than a criminal act. A single woman may use an alias in order to thwart would-be stalkers or unwanted attention, for instance. Using an alias in order to commit fraud or other criminal acts, however, is definitely illegal.Jan 30, 2022

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 copyright last?

However, if you use your legal name as the claimant, your copyright protection will last for your entire life plus 70 years. If you've created a corporation or LLC and want to register the copyright in the name of that entity, the copyright term will be the same as if you'd registered under your pen name.

What is a trademark in the USA?

Trademarks in the USA arise from the "first use in commerce" of a distinctive brand on goods or services. Registration is entirely optional. Such trademarks are considered "live" until you can prove they were intentionally abandoned by the prior owner.

Why is my work for hire application rejected?

If you use the wrong form (e.g., "Single Application") when applying for registration of a work created by a "corporation or LLC", it may be rejected because registration of a "work for hire" must use a different form (e.g., "Standard Application").

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.

Why do people use pen names?

People use pen names because... They don’t want people to know who they are in real life. Their name is hard to remember. Their name is hard to pronounce. They want to try something new and not lose their reputation. They are writing something others disagree with and don’t want to be thrown in jail. Thank you, savvy students, for some clever ...

Can I write in my pen name?

Apparently, if you don’t mind a publisher knowing your real name, you don’t have to do anything legally to write under a pen name. You simply tell the organization you are writing for your real name for the sake of getting paid correctly and having the payment linked to your social security number. Then you plainly request they use your pen name in your byline.

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.

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.

How long does copyright last?

Copyrights normally last for the author’s life plus 70 years. But for works published pseudonymously, the term is 95 years from the year of first publication or 120 years from the date of creation, whichever period expires first.

Does copyright protect pen names?

One more tidbit, copyright does not protect a pen name (because you cannot copyright names) but intellectual property protection does exist for a name under certain circumstances (see Legal Myth No. 2). For more information, see the copyright office fact sheet about pen names.

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.

What is a fictitious business name?

A fictitious business name, sometimes called an assumed name or DBA, short for "doing business as," allows you to legally do business using a particular name at minimal cost and without having to create an entirely new business entity. You can accept payments, advertise and otherwise present yourself in a business sense under this name.

Why do companies use different assumed names?

If your company sells the same products, but to different audiences, you can also use different assumed names to keep everything straight. For example, if you sell women's clothing and teenager's clothing, you can set up two different assumed names to help you target each specific group.

What is assumed name?

An assumed name lets you use a name for your business without creating a formal legal entity such as a corporation, partnership or LLC. You may need the DBA to open a business checking account, and you'll be able to get a business phone listing for your chosen business name. It's the least expensive way to legally do business under ...

What is a DBA?

Doing Business As (DBA) a Fictitious Business Name. Scott Allen is a former writer for The Balance SMB. He is the co-author of two online business books and is considered a social innovation architect. A fictitious business name, sometimes called an assumed name or DBA, short for "doing business as," allows you to legally do business using ...

How long does it take to get a DBA approval?

When you file for your DBA, it may take one to four weeks to hear back regarding your name approval. This varies by jurisdiction, but it's wise to file at least 30 to 60 days before you intend to open the doors of your new business.

Can a sole proprietor have multiple businesses?

It's the least expensive way to legally do business under a business name for sole proprietors. An assumed name also allows a single legal entity such as a corporation or LLC to operate multiple businesses without creating a new legal entity for each business.

Can you accept payments under a business name?

In fact, it can be considered fraud if you present your business under a name other than the proper legal name without proper notification.

What is an LLC?

An LLC is a hybrid of a corporation and a sole proprietorship. Like a corporation, owners of an LLC will not be held personally responsible for liabilities, but the company will not live on if an owner dies or the business declares bankruptcy.

What happens when you file a DBA?

When you file a DBA, you’re also announcing the name you’ve chosen to the world by putting it on the public record. In some states, a DBA filing doesn’t prevent another business from registering the same name, but it’s worth checking if that’s the case in your state. It could save a lot of problems later.

What is a DBA?

The DBA is also called a fictitious business name or assumed business name. It got its origins as a form of consumer protection, so dishonest business owners couldn’t try to avoid legal trouble by operating under a different name.

How often do you need to renew your DBA?

In many states, a DBA registration must be renewed every five years or so. Make a note to file for renewal before it expires so you can continue to legally operate your DBA.

Do I need a DBA for Gordon Flanders?

In Gordon’s case, if his business were called Gordon Flanders’s Gardening Services, he wouldn’t need a DBA. But, if it’s just his first name, (i.e., Gordon’s Gardening Service), then a DBA is required because it’s not his full, legal name.

Can you add an Inc to a DBA?

Remember that you can’t add Inc. or Corp. to the end of your DBA (e.g., Green Thumbs McGee’s, Inc.) if your business is not incorporated. Same goes for an LLC.

Who is Heather Hudson?

about the author. Heather Hudson has been a freelance writer for more than 17 years. As a small business owner, she understands the triumphs and challenges of life as an entrepreneur. And as a longtime FreshBooks customer, she’s always looking for ways to work smarter, not harder.

Do You Have to File A DBA?

See more on thebalancesmb.com

When to file?

Why Use An Assumed Name?

How Do You Apply For An Assumed Name Or DBA?