Making films under an assumed name? at DVinfo.net
DV Info Net

Go Back   DV Info Net > And Now, For Something Completely Different... > Taking Care of Business
Register FAQ Today's Posts Buyer's Guides

Taking Care of Business
The pen and paper aspects of DV -- put it in writing!

Reply
 
Thread Tools Search this Thread
Old October 1st, 2008, 09:44 AM   #1
Regular Crew
 
Join Date: Jan 2007
Location: beijing/mississauga
Posts: 123
Making films under an assumed name?

I was wondering if it is technically legal to make your own films under an assumed "company" name - such as XYZ Productions - without actually having registered the name or "company". Also this is just low-profile enthusiasts stuff, for the most part nothing serious that will likely get looked at by the general public. Thanks!
Colin Zhang is offline   Reply With Quote
Old October 1st, 2008, 01:21 PM   #2
Inner Circle
 
Join Date: Feb 2007
Location: Apple Valley CA
Posts: 4,874
It's only "low profile" until the owner of the trademark/copyright gets wind of it, then it's an expensive lawsuit if they are nasty, or the recovery and destruction of all your "product" to cease and desist the infringement... if they are amenable to your pleas of "innocence".

Do a trademark/copyright search and find a unique name/identity, it's the right thing to do, just in case your "enthusiast" niche turns into something bigger - you'll be happier in the long run...

That'd be my $.08, adjusted for inflation and $700B bailout...
Dave Blackhurst is offline   Reply With Quote
Old October 2nd, 2008, 08:49 AM   #3
Trustee
 
Join Date: Mar 2006
Location: Boise, Idaho
Posts: 1,997
...that and filling for an Assumed Business Name (in the states it is called a "DBA, Doing Business As") these are cheap. $30. Then you can practically do anything a company can do (of course there is lots of other paperwork to be able to collect sales tas, have employees, etc etc).

$30 is pretty cheap insurance.
Jason Robinson is offline   Reply With Quote
Old October 2nd, 2008, 10:50 AM   #4
Trustee
 
Join Date: Jul 2005
Location: Willmar, MN
Posts: 1,400
I think you misunderstood the question - they're not asking if they can make a film under an *existing* company's name (i.e. "Metro-Goldwyn-Mayer") but rather under a made-up company name.

The real answer depends on your state and locale. In some areas, there are fines for failure to register a fictitious name. In other areas, registration is only required if you actually sell a product. In others, no registration is ever required (as long as you're operating as a sole proprietor or general partnership.)

Since you are in China and/or Canada, all bets are off - you need to ask someone from your own country.

Quote:
Originally Posted by Jason Robinson View Post
that and filling for an Assumed Business Name (in the states it is called a "DBA, Doing Business As") these are cheap. $30.
Maybe for you, but it cost much more for me. I think it was $250 or more. Again, it depends on your location.
Chris Davis is offline   Reply With Quote
Old October 3rd, 2008, 08:58 AM   #5
Regular Crew
 
Join Date: Jan 2007
Location: beijing/mississauga
Posts: 123
Thanks for the replies guys. As I said, this is purely enthusiast/hobbyist stuff, none of which will be sold or likely to be seen by any people other than friends. Also, this would be under a fictitious, non-existing name.
Colin Zhang is offline   Reply With Quote
Old October 3rd, 2008, 09:41 AM   #6
Obstreperous Rex
 
Join Date: Jan 2001
Location: San Marcos, TX
Posts: 27,368
Images: 513
Quote:
Originally Posted by Chris Davis View Post
I think you misunderstood the question - they're not asking if they can make a film under an *existing* company's name (i.e. "Metro-Goldwyn-Mayer") but rather under a made-up company name.
I think you misunderstood the answer - how do you *know* your made-up name doesn't already exist? That's what Dave Blackhurst was getting at. Spending the money on a trademark / copyright search is the only way to be certain that you're not infringing someone else's copyright. No matter what alias you come up with, there's always the chance that somebody else might have thought of it first, and registered it. That's the point here.
__________________
CH

Search DV Info Net | 20 years of DVi | ...Tuesday is Soylent Green Day!
Chris Hurd is offline   Reply With Quote
Old October 3rd, 2008, 10:51 AM   #7
Regular Crew
 
Join Date: Jan 2007
Location: beijing/mississauga
Posts: 123
Assuming the name has not been taken, would this be OK then?
Colin Zhang is offline   Reply With Quote
Old October 3rd, 2008, 12:24 PM   #8
Trustee
 
Join Date: Jul 2005
Location: Willmar, MN
Posts: 1,400
Like I said, you're in China and/or Canada, so it may be different... But if you're just messing around and making a fun video with friends, then you're not conducting business. I would see that as no different than a YMCA basketball team calling themselves the "Anytown Warriors". They don't need to register the name.
Chris Davis is offline   Reply With Quote
Old October 3rd, 2008, 12:29 PM   #9
New Boot
 
Join Date: May 2007
Location: Princeton, NJ
Posts: 22
Quote:
Originally Posted by Chris Hurd View Post
Spending the money on a trademark / copyright search
Trademark Electronic Search System (TESS)
Dufu Syte is offline   Reply With Quote
Old October 6th, 2008, 07:54 AM   #10
Major Player
 
Join Date: Dec 2007
Location: Pembrokeshire, Wales
Posts: 734
Quote:
Originally Posted by Chris Hurd View Post
I think you misunderstood the answer - how do you *know* your made-up name doesn't already exist? That's what Dave Blackhurst was getting at. Spending the money on a trademark / copyright search is the only way to be certain that you're not infringing someone else's copyright. No matter what alias you come up with, there's always the chance that somebody else might have thought of it first, and registered it. That's the point here.
And even if it isn't already registered, someone else may start trading under that name and register it before you do, and then who knows who should be credited with what.
__________________
Canon XH A1; Canon XF100; Nikon D800
Annie Haycock is offline   Reply
Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

B&H Photo Video
(866) 521-7381
New York, NY USA

Scan Computers Int. Ltd.
+44 0871-472-4747
Bolton, Lancashire UK


DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > And Now, For Something Completely Different... > Taking Care of Business


 



All times are GMT -6. The time now is 06:29 PM.


DV Info Net -- Real Names, Real People, Real Info!
1998-2024 The Digital Video Information Network