Legal Question in Entertainment Law in California

Professional Name Change

I want to use a professional name from now on when applying for jobs, freelancing, etc in the entertainment industry. Everything (bank accounts, resume, etc.) are all in my ''real'' name. How do I make the transition? I'm hesitant to legally change my name - I just want to apply for jobs and get paid under my professional name. I want an ID to match my professional name, how would I get one? Also, how does that work with a bank account, social security #,etc? in my professional name. (The name is completely different, not a variation of my real name.)


Asked on 6/27/02, 11:18 am

2 Answers from Attorneys

Erik Hart Law Office of Erik A. Hart

Re: Professional Name Change

One can CALL themselves whatever they want, as long as they do not do so to defraud others. Practically speaking however, this is pointless, as banks and other institutions won't let you cash checks or conduct business if you cannot produce a proper I.D.

One cannot have more than one LEGAL name, and thus cannot have identification in more than one name. (ecxept for variations of the same name such as a married woman who sometimes uses her original middle name and sometimes replaces it with her maiden name, and sometimes, hyphenates the whole mess together). As a practical matter you don't want two I.D.s as the first time a police officer asks for I.D. and he realizes you have two under two different names, you will end up face down, spread eagle on the pavement, and you will go to jail until the entire mess is sorted out.

There are really only three ways to practically go about the creation of a new identity. One is to legally change your name, i.e. notifying the Social Security administration of the change, and then changing your legal identity for all entities with whom you do business. This is what most in the entertainment industry do when they "change their name." Friends will still call you by your prior name, but legally, you will be the "new" you. You mentioned you don't want to do this, however, it is the best way to accomplish what you want.

The other possibility that people often use is to use a "stage name," a name that you are credited by in performances, while maintaining your actual identity. To do this, you would simply start USING the name professionally. Put it on your resume, headshot, credits, etc. (of course the problem with this is, you have to mention that your previous work was credited as "old you" or you'll have no prior experience to speak of on your resume.) The advantage of this method, which some people do choose, is that you maintain a great deal of privacy and anonymity. Entertainment producers will be understanding of your wish to be credited as something OTHER than the name they are paying, however, you will still be the "old you" legally. Your contracts will be with "old you AKA/DBA New You" your paycheck will be to "old you" and your I.D. will be "old you." You should consult with a general business attorney in your area regarding the creation of a DBA (doing business as) if you decide to go this route. In most areas the process is quite simple and fairly inexpensive, as you are not LEGALLY changing your identity.

A third more complex method would be to set up a legal entity, i.e. a corporation or LLC. The entity would be named "new you Inc." or "new you LLC." The entity would then be paid and you as an employee would receive your pay from the entity. You should consult an attorney who speciallizes in corporate formation and tax law before you consider this method. This can be very expensive and have very substantial tax implications.

Read more
Answered on 6/28/02, 2:05 pm
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Professional Name Change

Incorporate.

Read more
Answered on 6/27/02, 12:39 pm


Related Questions & Answers

More Entertainment & Sport Law questions and answers in California