Use Of Real Vs. Fake Names And Legalities?

So im wondering, how do adult stars who also run their own sites stand legally when it comes to things like hosting, setting up affiliate accounts, buying things, etc?

Is it 'legal' for them to use a ficticious name to make purchases and enter in to contracts the same way the rest of us would by using the stage names as oppose to their 'real' names?

Ive always wondered about this, i mean its not like someone posting on the boards using 'joeblownick' could enter in to a contract using that name, is this true for adult actors and porn stars too?

I mean, if 'Joe Blow' signs up for an affiliate program and accepts their terms of service, is the affiliate agreement legally binding as it would be if *I* signed up to the same program using my real name?

Regards,

Lee

I want to see what the board members think and then I will post my opinion on this :-)

It would kill the thread if I post right away ~!!

I would say DBA has something to do with the answer.

[edit] or something "like" a DBA as a DBA is business based entity [/edit]

I would feel that if they signed up to an affiliate agreement, as a legal document, it would have to be with their legal business name, or personal legal name, not a stage name. I don't think even actors can sign a contract using their hollywood name, unless its been legally changed that is.

I'd say that DBA would not apply, unless they were registered in some fashion, and even then wouldn't they still be required to give their proper legal name?

Joe Blow dba Harry Sucks?

Am I close Chad?:kickcan:

I would say this is a no brainer somehow....I think its as gaystoryman said..at least Im sure thats the way it is here in the land of oz. In America....who knows...he he he :)

The most significant use of a DBA is the ability for a sole proprietorship to open a business bank account and collect money and enter contracts using a name other than your legal name.

HOWEVER....In many cases, more than one business can operate under the same DBA, and therefore, there is no protection or exclusivity offered by operating solely under a “doing business as” name.

Maybe I should have been a lawyer....

Much of the law has to do with intent. For example, if you give me a check made out to you to deposit into your account, I can sign your name to it and deposit it to your account, and there is no problem, because there's no fraudulent intent. On the other hand, if I steal a check out of your mailbox, sign your name and cash it or deposit it to my account, then it is forgery.

I have nothing to base it on exactly, but I would suspect the same is true here. If you register a DBA or other business entity, and conduct business under that name, there's no problem, because you aren't intending to deceive, and you've provided a "translation" of the DBA to the real name that's registered with a government entity.

Even with DBAs, the account is never opened in the name of the DBA and documents are not signed with the DBA. It's always so-and-so DBA the so-and-so company, or so-and-so, proprietor, signing for the so-and-so company.

Corporations are different in that they are legally seen as persons in the eyes of the law, so a corporation can enter a contract, but in those cases, the contract is signed such-and-so corporation by so-and-so, vice president or president or whatever.

Quote:

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Originally Posted by TropixxxStudios

Maybe I should have been a lawyer....

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I don't think so. You might like spanking, but the pain and suffering one must go through to become a lawyer and then practice in the real world is something I don't think you want to endure.

I was taught a long time ago we could simply sign documents with an "X" or even as Mickey Mouse and it was still binding. Not sure how true it is though. I never had to test it. ;)

Quote:

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Originally Posted by chadknowslaw

I don't think so. You might like spanking, but the pain and suffering one must go through to become a lawyer and then practice in the real world is something I don't think you want to endure.

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I didn't mean a real lawyer Chad...I just think I would like to play one on TV...or maybe in a video...:cop:

I looked into law school as you know...decided it was far too boring.

Quote:

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Originally Posted by TropixxxStudios

I didn't mean a real lawyer Chad...I just think I would like to play one on TV...or maybe in a video...:cop:

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Hmmmm -like a video about what REALLY goes on in chambers?????

There is a way you can legally use an alias, but I don't know the details. The biggest example I can think of is back when Jesse Ventura was Governor of Minnesota. That name isn't even real. It's a fictitious pro wrestling name. Yet he used the name to run for office under and sign documents with.

why would you want to use an alias signing contracts? There are plenty of legal ways to protect your assets should your business go sour for whatever reason. I have been around long enough in busines to know that if a person doesnt use their legal name, then he or she has something to hide and I steer clear of people like that big time. Been burned once and thats one scar too many that I have. Now im off for one of these....:coffee:

cheers