I must familiar with authors publishing under a pseudonym, but what exactly is the legality and how does it work? For example, one Eldrick Woods is better known by the pseudonym ‘Tiger’. Can he cash checks written to Tiger? If so, did he have to submit any legal documents to allow this, or procure identification under this name? OK, maybe ‘Tiger’ is just a nickname, so let’s take it a step further. Can Jacob Cohen cash checks written to Rodney Dangerfield, and how does he go about doing so?
What I’m really wondering is how someone maintains two legal identities simultaneously. Normally one would be private the other used in business. If I wanted to be Waverly Waversmythe, Arch-Villain , from 9 to 5 and return to my secret identity evenings and weekends, how would I get started?
Starting off with the usual disclaimer that I am not a lawyer…
The general rule of them is that you can call yourself whatever you want as long as the intent is not to confuse or defraud. So if someone makes out a check to Tiger Woods, and Eldrick’s bank accepts it, everything is cool.
If you want to take a step up, you can actually register your name. You’ll see it sometimes on the backs of checks to businesses “Doctors’ Real Estate Partnership, LLP; D/B/A (doing business as) 5th Street Adult Books”
The Screen Actors Guild, Am. Federation of TV and Radio Artists and some other guilds actually regulate names to make sure, for instance, that Freddie Prinze, Jr doesn’t get credited or receive royalties for work done by Freddie Prinze.
The answer is quite simple. Pseudonyms are a fact of life for authors and there are procedures that all publishers are used to using.
Publishers don’t write checks to the name of the pseudonym. They write them to the name given at the top of the manuscript. So, when writing a story, the manuscript would look roughly like this:
This immediately tells the publisher to write the check to MyReal Name and use My Pseudonym as the byline. Neat and simple.
If you don’t want the editor knowing your real name, you can create bank accounts using My Pseudonym. Easiest way would be to have a joint account with MyReal Name and My Pseudonym as the account holders. Use your SSN and sign the checks as My Pseudonym and your fine.
Also, you can endorse a check to My Pseudonym using that name, then deposit it into your account. (Yes, that’s a third-party check, but banks usally accept them, subject to collection).
You may even be able to create a single account as My Pseudonym if the bank is inclined. As long as they have a legit SSN, they might oblige you. If they say “no,” then set up a DBA and go from there.
Not a nitpick, but IIRC, Tiger officially changed his legal name to Tiger just before he turned pro. It was considered a nickname until he did this. (I know, off in search of a cite…)
Not necessary. It was just an easy example on my part.
I remember a real estate agent once that used a catchy, easy to remember name other than his legal name. I can think of at least one salesman doing the same thing, using ‘Lance’ so he could include a cool graphic on his business cards. RealityChuck’s explanation for authors makes sense, but how was this real estate agent or salesman legally signing their pseudonyms to documents? I doubt they had any ID made out to the pseudonym.
But also an accurate one. Found numerous articles about Tiger saying he was going to change his name when he turned 21. A couple said he didn’t but didn’t explain his change of mind. Both official Tiger web sites list his name as Eldrick (Tiger) Woods. I stand corrected. Sorry for the slight-jack.
From a practical point of view, this isn’t an issue. If there were a question about the signature, all the agent would have to say is “I use Lance professionally” and there wouldn’t be a problem (and, his business cards could be used in evidence to support this).
If he wanted to say, “No, I never agreed to this and it doesn’t count because it’s not my legal name,” he’d have very little chance of winning. Courts aren’t going to overturn a contract simply because he signed with a pseudonym. If he admits he signed the contract, then he’s obligated, no matter what name he signed. If he says “no,” he’s perjured himself.
OTOH, if you tried to get out of the contract because he used “Lance,” no court would rule in your favor. You’ll just be asked to point out the person who signed the contract and Lance will testify that he uses his name professionally.
Similarly, my first name is Alexander, but I commonly use Alex. Business transacted under that name isn’t any less valid.
As to checks specifically, the name is pretty much irrelevent. The UCC states that if a check is made out to a fictional person (such as this so-called “Tiger” Woods) and that the drawer intends for it to go to Eldrick Woods, it’s a valid check.
, from 9 to 5 and return to my secret identity evenings and weekends, how would I get started?