Is it Illegal to use your copyrighted Company name, as a Pen Name?

Question

See I made a copyright afew years back adding a company name in hopes to use it for somthing like professional and to keep that name protected. But I haven't ever made a real corp. company I just Freelance using that Inc. name as a Pen name. Is that Ok?

Because I see it as, If I own the copyright, then that means I can use that name for anything I want correct?

Answer 1

If you own the copyright someone else would have to charge you with copyright infringement. As long as there is no board of directors for your company or anyone else with power inside your company there is no one to try and enforce the copyright.

Answer 2

how do you expect to get copyright protection for your free lance work if you use a fake name?? I remember the film where they ask for Spartacus and everyone starts saying "I'm Spartacus!" So if someone else lays claim your works, how is a court to decide in your favor?

If you use a pen name, then it is imperitive that you register each and every work you do. The copyright office will allow you to have a pen name, however they will require your actual name for protection which is based on your lifetime and not some ficticious made up person. The copyright office will keep your identity confidential.

Having completed this registration, it makes no difference to your copyrights if the name you picked is also used by a corporation, whether owned by you or not. In the US, corporation names are unique so as to prevent legal confusion among companies, but other than that, you don't "own" it. Trademarks are rarely granted if they contain a persons name as anyone is allowed to have their own name, and if they are granted it is always for a very narrow purpose, ie "Sara Lee" is TM only when refering to baked goods from the store. "Sara Lee" bicycles can be made by an entirely different company because no one would confuse a bicycle with a cake.

Answer 3

In my state, it is illegal to hold your self out as a corporation (use the inc.) without being a corporation. It is a breach of the consumer sales practices act which is a part of the Uniform Commercial Code and generally the same from state to state. In my state, you can be socked with 3x damages and legal fees by anyone doing business with you where you have held yourself out as a "corporation."

I don't understand the "own the copyright" reference. A company name would be registered as a trade name or a fictitious name; not, a copyright.

Answer 4

Youn protected it for your use. Use it or lose it. Actually you can pretty much use any name as a pen name as long as it is not being used. You may have trouble using "Anne Rice" for example. Provided you are not using it for an illegal purpose.

Answer 5

yeal whats your is yor and if you do everything right like the book you got allrights to that copyright.....

Answer 6

right, if you own the rights to something, its yours to do with as you please.