Legal Question in Entertainment Law in California

Re: Use of a stage name without a legal name change

You could file for a "d/b/a," but what you really want is not "doing business as", but "p/k/a" which means "professionally known as", a term that is used on contracts with people who use stage names. In my opinion, it is not necessary to file a d/b/a in order to use a stage name, and most people don't. More important is to get a duplicate social security card with the pseudonym (and with your existing social security number) on it--the S.S.A. should be able to help you do this. It is very important that all your lifetime earnings go under the same number, so that your benefits are maximized when the time comes to claim them.

As long as you have the social security card with the right number and the stage name on it, a bank shouldn't give you any trouble about opening an account.

Re: Use of a stage name without a legal name change

You can get a DBA, Doing Business As name. You can get the forms from the newspaper office. They charge for the required publication. Then you take the forms to the bank and open an account. That is much easier than doing a formal name change and gets you the result you are after.

I handle entertainment matters of all sorts and practice in Indiana and California. You'll need to join SAG and AFTRA. Register with Central Casting and take any work you can get. Commercials are a great way to make a lot of money because of the residuals. Don't sign a thing until a lawyer looks at it. I know plenty of people who were so eager to get into the business they signed horrible deals to get started. Jack Nicholson signed a three picture deal when he did Easy Rider for $15,000 per picture. The producer held him to it even though he won an oscar for Easy Rider. The other 2 pictures were 5 Easy Pieces and One Flew Over the Cuckoo's Nest. Jack had to feign illness and held up production to get more money on the 2 remaining pictures. Be careful it is a business not art. My good friend Joe Regalbuto lucked out and got on Murphy Brown as Frank Fontana. The show is in syndication and he makes more now than he did for the original shoot just off residuals. He's been directing now. He did a film for Al Ruddy (producer of the God Father) called Lassiter, written by another friend, David Taylor. The movie didn't do very well. Joe did a lot of equity waiver plays in LA to start and still does. That's how most new people are getting noticed. My former assistant actor wanabe, Harry Herman just landed a national commercial so after 15 years of trying he finally earned a paycheck. Note that only 5% of actors actually make a living at it. Good luck!

Fictitious Business Names (DBAs) in California

WHAT IS A FICTITIOUS NAME OR "DBA"?

One that does not include the surname of the Operator or one that implies the ownership participation of others such as Brothers, Associates, Company, or if a corporation owner, a name different from that registered in the Articles of Incorporation. It is called a fictitious name, simply because the person or company is Doing Business As a name other their own.

WHO MUST FILE FOR DBA REGISTRATION?

Individuals, partnerships, trusts, corporations and associations who operate under names which differ from their legal name.

Filing a DBA registration enables an individual or company to open a bank account and "do business as" a name other than their own legal name.

HOW OFTEN MUST THE FICITIOUS NAME STATEMENTS BE FILED?

Every five years or at any time that there is a change of name, ownership, address, or other information.

WHAT IS THE PURPOSE OF THIS PROCEDURE?

The requirements have been in effect in California since 1872 and are designed to protect the consumer by enabling him or her to identify the person or persons who is involved in the business transaction. In addition, most, if not all, banks in California will demand proof of filing and publication prior to opening an account or otherwise honoring a check in the name of the fictitious firm name.

WHAT DOES A DBA NOT DO?

A DBA does not incorporate or form any new entity. It is not a Trademark. It does not give you any exclusive right to use the fictitious name over any senior user of a trademark or trade name. It merely serves as an official recording of the business's operating name and the identity of the person or company who is doing business under an assumed or fictitious name other than their own.

A DBA filing will not even prevent later users from filing or doing business under the identical or substantially similar business name. DBAs are not always searched against existing government records nor compared against prior and similar names prior to registration. Moreover, because the Secretary of State and each County maintains their own records in separate databases, detailed searches are advised.

TAXES?

There are no tax issues implicated by the mere use of a dba, but you will remain responsible to pay any taxes on earnings as an individual or a company.

Our firm specializes in protecting names, whether DBAS, TRADEMARKS, TRADE NAMES, CELEBRITY NAMES or DOMAIN NAMES. (Check out our website at www.namesavers.net)

For further information, see the sites:

www.brandXperts.com

www.copyrightpros.com and

www.namesavers.net

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WE PROTECT IMAGINATION