A queston on pennames

[PlanetHendrix]

I got into a bit of a problem yesterday when I did something stupid (my issue so I will not share it here). It got me thinking about pseudonyms and the legality of using them. I have found that it is completely ok to use them but where my question lies is when you borrow names. What I mean is what are the legal implications of using a film character as your penname? Does anybody know anything about this? Am I legally obligated to differentiate myself from the actor who played the character or am I not? Can the people of Phun help me?

[X-Spectre]

Depends on if you are using the name for commercial (for profit) purposes I would think.

[PlanetHendrix]

Depends on if you are using the name for commercial (for profit) purposes I would think.

Not as of Yet.

[X-Spectre]

Not as of Yet.

Not a lawyer but I would think that it would be ok non-commercially under fair-use doctrine. Trickier when dealing with commercial use because it could be argued that you are writing something and selling it as if it came from a character created by someone else and are thus infringing on that author's intellectual property rights, unless of course it's a character from something that is in the public domain already (no person, estate or company owns the rights to it). In short, if you make money using that name you probably open yourself up to legal action from cease and desist letters all the way up to lawsuits.

As an example I wouldn't try writing something with the Pen name Bilbo Baggins like

A hoard of Dragons
by Bilbo Baggins

The Tolkien estate (or whoever owns the rights now) is PROBABLY going to have issues with it.

[PlanetHendrix]

Not a lawyer but I would think that it would be ok non-commercially under fair-use doctrine. Trickier when dealing with commercial use because it could be argued that you are writing something and selling it as if it came from a character created by someone else and are thus infringing on that author's intellectual property rights, unless of course it's a character from something that is in the public domain already (no person, estate or company owns the rights to it).

I don't think commercial use is considered when looking into fair use. Fan-fiction is considered infringement. The actual amount of things that can be covered by Fair Use is very small.

[gaphugs]

If you have any desire to be or, feel you could be widely, published there is zero point in taking someone else's name is there? It's a completely unnecessary risk. If you wish to pay homage to someone play with the name or choose some other connection.

[X-Spectre]

I don't think commercial use is considered when looking into fair use. Fan-fiction is considered infringement. The actual amount of things that can be covered by Fair Use is very small.

Yes but fanfiction is actually using the character(s) as plot devices and substantially changing the original author(s) canon material, I think you could get away with just using the name as a pen name non-commercially. It may not be fair use but I'd bet use of a character name as a pen name wouldn't be covered under copyright as long as the works aren't making money in any way and aren't represented as something related to the story in which the character appears.

[PlanetHendrix]

If you have any desire to be or, feel you could be widely, published there is zero point in taking someone else's name is there? It's a completely unnecessary risk. If you wish to pay homage to someone play with the name or choose some other connection.

The situation I have is one that they recommend using another name for. If some of the things I have said and write about could adversely affect my ability to get work.

[X-Spectre]

The situation I have is one that they recommend using another name for. If some of the things I have said and write about could adversely affect my ability to get work.

Why not just pick something innocuous then, why even take the chance?

[PlanetHendrix]

Why not just pick something innocuous then, why even take the chance?

I had not thought of it being a problem using the name I did until recently.

[X-Spectre]

I had not thought of it being a problem using the name I did until recently.

Unless you've written a lot under that name that you expect to use professionally, why not just change it? I guess I don't understand why that's not an option.

[PlanetHendrix]

Unless you've written a lot under that name that you expect to use professionally, why not just change it? I guess I don't understand why that's not an option.

It is I am just weighing options and seeing the issues for later and now. And I am also seeing what may be the easiest option. If I don't have to do anything then why change it.

[X-Spectre]

Personally, I'd just change it and be done, that way there's no possibility of problems later.