Dear O'Abby: Can I Use a Pen Name to...

Dear O'Abby,

I read your piece about pen names last week with interest.  I have been toying with the idea of using a pen name because I am currently contracted to a publisher I'm not enjoying working with.  The contract I signed gives them the right of first-refusal on all my future books, but I don't really want to give them any more of my books.  Can I use a pseudonym to query agents or submit a new book to different publishers?

Yours,

Changing


Dear Changing,

Please do not do this.  It is dishonest and will likely land you in a world of legal trouble further down the track.

It sounds to me like you have a bigger problem here than choosing whether or not to use a pen name, and rather than trying to avoid that problem, you need to face it head on.  If you're unhappy with your publisher, you need to let them know that.  It may be that by opening the lines of communication, whatever your issues are with this publisher, you may be able to resolve them.

If not, then you need to terminate your contract with this publisher.  Only once this has been done can you offer your books, whether written under your own name or a pseudonym, to another publisher.

Using a pen name to try and avoid fulfilling a legal contract will never work because even if you do write and publish under a different name, any contracts will need to be signed using your legal name.  Royalties will be paid to an account associated with your legal name, even if you set up a separate 'trading as' account for your alter ego.  Even legally changing your name to match your pen name (which is a fairly extreme step to take) will leave a paper trail leading back to you.

Better to be honest and upfront with your publisher, get your grievances out in the open and move on with your career and your reputation intact.  And your name, which if you have already published books, may have a following you don't want to lose.

Best,

O'Abby

Dear O'Abby: Can I use someone's life in my novel?

Dear O'Abby,

A few years back I was working with someone to help write their autobiography.  The project never really came together, but I have tons of awesome notes about their very exciting life and career.  I was wondering if I could use these to write a novel because it's a great story, full of drama and passion and adventure. 

Would there be any ramifications if I was to ficitionalize this person's life?

All the best,

Naughtybiographer

Dear Naughtybiographer,

This is a tricky question to answer because I don't know the circumstances under which you started working on the autobiography project or why you stopped working on it.  I also don't know what kind of contracts you may have signed as part of this deal.  If you signed a non-disclosure agreement, you are legally bound to keep the things the subject told you to yourself, so I would tread very carefully if you want to use their life story in a novel.

If you didn't sign a non-disclosure agreement, I would still tread carefully.  If you are still in contact with the subject of the autobiography and you feel the relationship is still good enough you could get in touch, maybe send them a quick email outlining what your plan is and ask if they are okay for you do it.

If this isn't possible, and you are determined to write this novel, you will need to make sure you change this person's life story enough that it could be just coincidence that the story's plot follows the trajectory of this person's life.  Change the character's profession, name, looks, family structure and anything else you can so that the autobiography subject would struggle to recognize themselves as the inspiration for this character.

If they are a famous sports-person who struggled with addiction only to overcome it and become one of the top performers in their field, change them into a super-model who struggles with a disfiguring injury only to overcome it and walk in Paris Fashion Week. Or something along those lines.  Just make sure you change enough of the detail it can't really be said to mirror this person's real life or any of the side characters could be identified.

Good luck!

X O'Abby