Pen names

[Kosh]

In story writing, one can create a pen name by putting their alias in the by-line and thier real name next to their address and other info. Is this the same for screenwriting? and is it okay if a new screenwriter does it?

[odocoileus]

You may just be confusing potential readers and buyers with two names. They may wonder if two people wrote it.

If you're determined to have a pen name, why not do as actors do with stage names, and use your pen name for everything concerning screenwriting, including address, phone, email. You can put your pen name as one of the recievers of mail at the address where you get mail. You can get an email address under your pen name. You can get a cel phone or register with a message service under that name if neccessary.

If protecting your work from theft is a concern, you can register it under one or both names with the Library of Congress.


http://www.publaw.com/cfaqs.html








Do I have to use my real name on the form? Can I use a stage name or a pen name? There is no legal requirement that the author be identified by his or her real name on the application form.





If money becomes an issue, you can start a corporation or sole proprietorship titled by your pen name, so that checks written to "Gorgeous Georges Sand" or "Sammy Davis Clemens" would be payable to the business you own. You would then pay yourself as an employee of that business.

[scripter1]

It's quite fine to write under a pen name but when it comes to signing legal papers you MUST use your legal name. The checks are written out to the legal name as well.

Are you talking about the copywrite form? If I remember correctly they ask for both a pen name and a legal name.

I know novelists are somewhat famous for creating pen names and actors/actresses change their names all the time to create a better image.

It happens occasionally in screenwriting but not that often.

I use my initals A.C. Smith in all my writings, including the address on the script.

[odocoileus]

For copyright, there is no legal requirement that the work be registered in the legal name of the author. Not registering it in the legal name of the author would, however, be disadvantageous. The whole point is to prove that you own the work and are therefore able to pursue damages or cease and desist orders. Registering under a name that is not your legal one adds one more complication to a complicated situation.

If you own a business, checks can be made out to the business, though you would certainly have to sign checks and contracts with your legal name as the chief or sole proprietor of your business.

So, if you call yourself "Edmund DeVere" when you write screenplays, you can establish a loan out corp. called "Edmund DeVere Inc." If a prodco buys one of your scripts, they can make the check out to "Edmund DeVere" or "Edmund DeVere Inc." This is only worthwhile if you're making substantial amounts of money. You'd still have to endorse the check with your legal name, and use the same to sign contracts.

[scripter1]

then the bank charges you more as a business account and you also have to go through all the hoops of setting up a company.

All for a few scripts?

Man, if your name is a problem ( I have no idea why it would be ) then just use your initals.

[odocoileus]

The one business reason for using a pen name would be to have a distinctive, memorable name for marketing/branding. Especially for internet searches, if a couple of other high profile people have the same name, people searching you could get confused.

I don't know if the WGA has a prohibition against two or more members having the exact same name. SAG does. If an actor named "Willy Peters" is already a member, a new actor can't join under that name. The new actor would have to join under "William Peters" or "Bill Peters" or "W Peters" or some other name altogether.

As to the expense of a loan out corporation, if you're making big bucks, it can be worthwhile. Otherwise, no.