If you haven’t yet fallen into the #cockygate rabbit hole, let me be the first to congratulate you –
and maybe caution you. Romancelandia has been in an uproar for the past month
after it came to light that self-published erotic romance author Faleena
Hopkins requested and received a trademark for the word “cocky.” The world of
romance is filled with lawyers who are convinced the trademark is weak and will
not stand up when challenged in court; one petition to cancel the trademark has
already been issued, more by none other than Romance Writers of America (RWA)
and the Author’s Guild are in the works.
So, if the legal battles are already under way, why do I
mention this at all? If the trademark of a generic, common-use word is allowed
to stand, many more authors will follow suit and once that Pandora’s box is
opened, where will it end? It won’t take long before authors can’t write
anything more than their names without the possibility of a lawsuit. (Faleena
has been wielding her trademark registration like Thor’s hammer.) If you’d like
to know more, I recommend Jami Gold’s summary HERE.
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| Image courtesy of www.depositphotos.com |
Now, you ask, what does any of this have to do with the
title of my post? One of the defendants of the lawsuit Ms. Hopkins filed in the
Southern District of New York is Tara Crescent, a fellow erotic romance author;
Tara writes under a pen name. In the portion of the trial which took place last
Friday, June 1st, one of the things the plaintiff requested was that
Ms. Crescent be forced to release her real name and address. Say what? Many
authors use pen names and the reasons for doing so are as varied as the authors
themselves. For some, especially when you get into the sexier sides of romance,
the author uses a pen name to protect their family and even their job from the
backlash that would occur if they were outed. Many parents wouldn’t take kindly
to learning their child’s kindergarten teacher is the author of BDSM romance.
Now that’s just an example I made up but there are already people who have
lost jobs in similar situations. Attempting to use the court to force someone
to out themselves is… worrisome. Fortunately, at least for now, the court
denied the request.
After the trial Ms. Hopkins made a post basically stating
that anyone using a pen name does so because they are ashamed of what they
write. (She no longer uses a pen name.) Hearing this from a member of the
romance community saddens me; this is the sort of thing romance writers have to
deal with from the outside world all the time. We should be safe from such
accusations from our peers.
My pen name is Isabella Norse. Why did I choose to write under a pen name? When I first began writing for
publication, I didn’t want anyone – not even my family – knowing what I was
doing. (Only my husband knew.) I was never ashamed of what I wrote but I knew
that there were some who would be shocked by my sexy first book. But, the main
reason I chose to write under an alias is my day job. I work in a
male-dominated field and I didn’t want any chance of someone stumbling across
one of my books requiring me to put up with the joking/not joking wink wink nudge nudge sort of “banter”
that would be directed my way every day.
I did eventually out myself to my friends and family. I
couldn’t bear the thought that my mother, the woman who gifted me with a love
of reading, might never know that her gift eventually lead to me writing books
of my own. My friends and family have been nothing but supportive and both of
my parents were so, so proud of me.
I plan to retire from my day job in a little less than a
year. At that point, it will no longer matter if former coworkers know my secret.
I have an inspirational romance series in the works and I have realized that it
is very important to me that that series be published under my real name. I
will probably keep my pen name alive as a way to differentiate my subgenres,
but I will make no secret of the fact that Izzy and Linda are one and the same.
What is your opinion of pen names? Should authors be forced
to reveal their real names?
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Amazon Author Page: http://amazon.com/author/isabellanorse
Isabella,
ReplyDeleteOh my gosh. Your article hit several nerves with me (as in I agree with everything you wrote). I have obsessed over #cockygate and the related trademark nightmare. Pandora's box is right. As for pen names... I write under a pen name. It's my second pen name, as I've stopped using the first one. I chose to write under a pen name, because I was a teacher (6th through 12th grades and college freshman), and I certainly couldn't have my students read my stories. I am not ashamed of what I write, but it wasn't a hill I needed to die on with parents or administrators who disapproved. I retired five years ago, but I didn't come out of the pseudonym closet until last year. I waited until the youngest group of students I'd been teaching graduated.
So, to answer your question... No. Authors shouldn't be forced to reveal their real names. There are so many reasons to use a pen name, and one of them can be for the personal safety of the author.
As far as Faleena Hopkins goes... Even if she prevails, I'm trusting to the legal system and the perseverance of authors (and eventually the entertainment world in general) to see this trademarking of words come to an end. It may take the Supreme Court to do it, but freedom of speech depends upon it.
Hi Kaye!
ReplyDeleteI'm so glad I'm not the only one obsessing over this. I agree, I think cooler heads will eventually prevail but until that happens things will be... interesting.
I think there also needs to be some training of both trademark holders and businesses (I'm looking at you Amazon) as to what a trademark really means. It *doesn't* mean the trademark holder owns the word, phrase, etc. and it doesn't mean that no one else can use it - they just can't use it in a way that causes confusion with the trademark.
Thanks for joining the discussion!
I'm still stunned that an author can succeed at suing for the use of a common word used by all. Mindboggling!
ReplyDeleteAuthors have all kinds of reasons for wanting to use pen names. Nora Roberts uses a pen name for her mystery stories so her romance readers are not expecting a romance instead of a mystery. I remember an elementary school teacher who wrote erotic stories and used a pen name for fear she would be fired by her school. I can see where revealing a true identity could have repercussions for some writers. Years ago female authors used initials or male pen names just to be able to get their work noticed and published. Journalists traditionally do not reveal the identity of informants in order to keep that informant from being exposed and put in danger. Therefore, I can certainly understand why an author may not want their real name exposed.
I don't use a pen name. I want credit for everything I write. Ha ha! I have no objection or judgement regarding those who do use a pen name.
This was a thought provoking post, Isabella. All the best to you.
Romancelandia has been an "exciting" place for the past month. Hopefully, at the very least, we'll see some changes in the trademark application process that will prevent fiascos like this in the future. Thanks for stopping by!
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