Legal Question in Business Law in California

Hello,

I have a few questions that hopefully you can help me with. I'll give as much relevant info as possible before asking my question.

I'm a solo musician and I'm getting ready to release my debut single soon. I'll be releasing my music under a stage name. Many of the digital music vendors such as Bandcamp) ask that you use PayPal, and use a PayPal Business account, which requires that you name your business (if it's not already named), among other info.

I currently do not have a business license, nor do I have my stage name set up for "doing business as/DBA" or anything such as that.

My first questions is, Do I need a business license to sell my music online?

My second questions is, if a business license isn't needed, could I list my stage name as my business name (on PayPal for example), and if so, will I have to fill out any legal documents?

For example, if I create a PayPal Business Account and list my Stage Name as the Business Name, will I have to fill out a legal/government form to use my Stage Name as a "DBA" name? Or will I be forced to use my legal name until I've filled out whatever forms might be necessary to allow me to use my Stage Name?

There is very little info out there regarding this subject, so any info and clarifications are appreciated!


Asked on 6/03/14, 3:42 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Business licenses are very local in nature. if you do business in Fresno, you go to the Fresno City Hall and fill out an application and pay a fee with the city clerk. If you are in rural Tulare County, you get a county license. You should probably get a business license for wherever you principally do business........and that place is where you sit when your hand is on the mouse, doing business on line. Your town (or county, if not within city limits) will consider that's where your business is situated.

Next, it sounds as though you'll be conducting this business as a sole proprietorship, as opposed to a corporation, partnership, limited liability company (LLC), etc. In that case, and since you're using a stage name, you'll need to file a fictitious business name statement with the county and arrange for its publication in a local newspaper. See Business & Professions Code sections 17900-17930. (This is actually relatively simple... contact the county clerk).

Finally, I can't comment on PayPal's or various banks' requirements except to say that these outfits tend to be persnickety about their customers having filled out all the required government forms and otherwise complying with the technicalities for being in business. Trying to run a business of any kind is getting very technical and demanding as to dotting the i's and crossing the t's and having the ducks in a row.

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Answered on 6/03/14, 4:06 pm


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