Release form question

Learning Fast said:

Ten yrs ago i had a young artist draw pictures for me. I did
get his release form....BUT since i was stupid and new back
then i didn't know enough to have my real name on the
release form. I had used my pen name....but NOW i want to change my pen name to a different name. Is the release
form any good? Or do i have to use the pen name that is
on the release form and forego my 2nd choice of a pen name? Was i supposed to use my real name on the release
form? Will the pen name suffice if i retain it?

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I would ask an entertainment lawyer. Did you go through a lawyer when you made your first pen name? I assume there were some papers to be filed so you could get paid under that name. If so that lawyer could probably answer your questions. You probably only run into an issue if the artist reneges on the arrangement, but going forward you want to have all the Is dotted and Ts crossed. GL and let us know what happens.

Probably should have used your real name in the first place, it just makes everything easier. As to the release being valid, I have no idea. If you can still get a hold of the artist, it might be cheaper and easier to just get another release form, in your real name, rather than going the lawyer route.

PinkAmy, generally writers that use a pen name do business under their real names and are paid under their real names. Even if you turn the pen name into a business entity (LLC, Sub C, or whatever), you still use the real name on the documents. Pen names have a hard time getting bank accounts.

Ty addster. That makes sense.

I would guess the publisher's in house legal team would have forms or be able to help with that. I wouldn't worry until you have a contract, but mention it to your agent.

Even though you didn't use your legal name, I would guess if the artist tried to sue you, you prevail since you followed the spirit, not the letter of the law---but find out from somebody who really knows.

On the lawyer for the pen name thing, I've never done anything legal beyond "writing as Cornflower Blue" (not my real pen name BTW) mentioned in the contract, and I'm not even sure that is necessary. In some cases my publisher simply asked what name I wanted to use. Keep in mind I have only dealt with very small publishers and equally small amounts of money. Larger publishing houses may handle things differently.



But as Pink said, don't worry about it until you need to.