Q: Is it a violation of appropriation of name if i publish a book using a pen name the same as a celebrities true name?
I would think it is, but then again no matter what your pen name is someone with the same name exists, and pen names are very commonly used. My follow up question would be a misspelling of the celebrities name; for example his name is John Doe, could the famous actor John take civil actions against me for using the pen name of Johnathan Doe? To expand on the absurdity of the law, would an actor have grounds for Rights of Publicity against my novel if I was born as John Doe? No, I wouldn't think so....What if I legally changed my name to my pen name of John Doe, would there be grounds there?
A:
Yes, you would have potential liability if your book was published under circumstances that led consumers to believe that it came from a celebrity, rather than yourself. This would include misstating the name of a celebrity. If you changed your name to be the same as the celebrity, there could still be exposure. You would want to include a disclaimer on the cover and in marketing materials to make it clear to consumers that you are not affiliated with the celebrity. California as very strong Right of Publicity laws, so proceed with caution.
Paul Overhauser
317 891-1500
www.overhauser.com
1 user found this answer helpful
A: I think you can do it if you do it in the right way and have an intellectual property lawyer guiding you in the proper disclaimers and distinctions to avoid likelihood of confusion of source. It depends on the uniqueness of the celebrities true name, and whether by "true name" you mean stage name or actual name. For example, if you were to adopt the pen name "Lady Gaga", "Elton John", "Oprah Winfrey" or "Elvis Presley" you would be taking a huge legal risk no matter what disclaimer you tried. On the other hand, if you for example adopted "John Wayne" or "The Lone Ranger" or "Winston Churchill", I could structure a way to keep you in the clear. Of course you probably know that many celebrities don't use their real names. If you are serious about this call to discuss. Bruce Burdick 618-462-3450 beb@burdlaw.com www.burdlaw.com
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