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Do you have to disclose using a pen name?

by dsiomtw
10 replies
I am in a few different niches, and for various reasons I usually use a "pen name" for each product I sell. I'm going to get some legal advice just to be sure, but I was curious what you guys and gals think about using pen names, and whether you should or must disclose it, etc?

Obviously you could put a little "fine print" at the bottom of the site that says "Joe Blow is a pen name used to protect my identity" etc. but that doesn't exactly inspire confidence...
#disclose #pen
  • Profile picture of the author FitJerk
    Uhmm. IM guessing a big "NO" on that one.
    Heh, tho with me it's pretty freakin' obvious.
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  • Profile picture of the author Rod Cortez
    I also use pen names in each niche that I'm in. My attorney's understanding of the law in my state is that I do not have to disclose that I'm specifically using a pen name, however he does make me put certain disclaimers on my website and to have a Terms Of Use, Privacy Policy, etc. and in my products.
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  • Profile picture of the author Scott Ames
    No I don't believe you do. - Mark Twain

    At least not yet.

    Pen name not typical.
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    • Profile picture of the author Dan C. Rinnert
      As far as I know, no. Use of a pseudonym is only illegal if done for illegal purposes. (That way, they can slap you with an additional crime on top of whatever else you did.)

      But, using a pseudonym because it's more marketable than your real name, or because it's sounds better, or because you want to protect your privacy, or etc., is okay.

      Post Disclosure Statement: I am not a lawyer. Opinion may not be typical. The average person will never read this post. The typical person reading this post will believe it. Probably. No studies have been done to validate or invalidate the contents of this post. Let the reader beware.
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  • Profile picture of the author Lisa Gergets
    My brain hurts.
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    • Profile picture of the author bowbell
      It is completely legal to go by any name, or names, you wish.
      Unless it is for an illegal purpose.
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      • Profile picture of the author yourreviewer
        Originally Posted by bowbell View Post

        It is completely legal to go by any name, or names, you wish.
        Unless it is for an illegal purpose.
        So I guess you can use the name of Michael Jackson or Oprah Winfrey as your pen name? There is much more to using "any name or names you wish"
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      • Profile picture of the author Vaan
        Hi dsiomtw,

        IMHO you are doing right on using pen names in different niche,
        The benefits of using different pen names is that we can protect ourself from someone who spy on our online activity...

        I'll advise to you use different pen names in different niche..
        It's like you branded yourself in different niche and It will make you have credibillity in each pen names on your niche..

        Cheers,
        Vaan
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  • Profile picture of the author ahlexis
    Any name you wish...as long as it does not infringe on someone else.

    By the way, using another famous person's name in order to confuse and/or take credibility for their works or add credibility to your own is called "intent to deceive".

    A lot of the laws regarding names and/or name changes and/or pen names have to do with intent. Hard to prove when the cops are shining the bright lights on you in the interrogation room that your intent was NOT to deceive if you are using the name of another famous person, isn't it?

    If you are truly serious about using a pen name, then why not file a DBA or fictitious business name statement of your pen name? That tells the world that you do business under the pen name (or, if you have incorporated, have the corporation file the DBA as doing business under that name).

    By the way, IANAL and I don't play one on TV or anywhere else.
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  • Profile picture of the author jacktackett
    For writing and branding its not illegal to use a pen name. IANAL, but as others have said if you're doing it for something illegal then you'll have problems. Most jurisdictions will not allow you to run a business with an assumed name - you have to file papers showing who you really are - dba and other forms.

    You can even register your copyrights with the US government using a pen name. The length of copyright protection is different if you don't reveal your real name, but its still a pretty long time.

    Folks use pen names for a variety of reasons - to hide their gender, to get to the front of lists (most places post fiction alphabetically), or to protect their professional identities (If you're a scientist some in your field might object to you writing heaving bosom novels ;-) )

    Have to admit though that dsiomtw is a bit hard to pronounce as a pen name....

    best,
    --Jack
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