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 has very strong Right of Publicity laws, so proceed with caution.
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
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