Nom De Plume/Fraud

[ubercool]

What is the name of your state? Texas

I am an artist (painter) and I am generally know for my attention to detail in my figurative work. However, I have seen how much money can be made by doing much simpler abstract/decorator art. Rather than get my name confused with that brand of art, I've decided to market the abstract work that I do as a different artist's work. Thus I've come up with a nom de plume, as it were, and I am signing these abstract works with a different/fictitious name. My question is: "How far can I go with creating this fictitious character/painter before it spills over into what might be considered fraud?" I am considering creating a website for this character in order to market his work. Part of the website would be a page about this character's background and his schooling. Am I leaving myself open to charges of fraud? Are there any laws on the books regarding fraud as it concerns a nom de plume? If I've posted this question in the wrong area, please let me know where I should post it....Thanks!

 

[I AM ALWAYS LIABLE]

What is the name of your state? Texas

I am an artist (painter) and I am generally know for my attention to detail in my figurative work. However, I have seen how much money can be made by doing much simpler abstract/decorator art. Rather than get my name confused with that brand of art, I've decided to market the abstract work that I do as a different artist's work. Thus I've come up with a nom de plume, as it were, and I am signing these abstract works with a different/fictitious name. My question is: "How far can I go with creating this fictitious character/painter before it spills over into what might be considered fraud?" I am considering creating a website for this character in order to market his work. Part of the website would be a page about this character's background and his schooling. Am I leaving myself open to charges of fraud? Are there any laws on the books regarding fraud as it concerns a nom de plume? If I've posted this question in the wrong area, please let me know where I should post it....Thanks!

My response:

Do you realize how many artists, from painting, to authors, to sculptors, etc., have used aliases throughout history?

Do you believe that Mark Twain was that author's real name?

Do you believe that Tony Curtis was that actor's real name?

Do you believe that Marlyn Monroe was that actor's real name?

Do you believe that Rodan was that sculptor's real name?


There is nothing in your post that I could, or would, identify as fraud - - unless you were passing off your art as "old masters" art.

IAAL

 

[ubercool]

I completely understand that using a pseudonym or "nom de plume" is nothing new. That's really not what I'm worried about. I'm worried about how far I can take the development of this non-existent character. Hypothetically speaking, if this bogus character's bio says he studied under Salvador Dali, and someone buys his work because of those credentials, could that buyer come back and sue me when they find out I'm the artist and I never studied under Dali?

 

[I AM ALWAYS LIABLE]

I completely understand that using a pseudonym or "nom de plume" is nothing new. That's really not what I'm worried about. I'm worried about how far I can take the development of this non-existent character. Hypothetically speaking, if this bogus character's bio says he studied under Salvador Dali, and someone buys his work because of those credentials, could that buyer come back and sue me when they find out I'm the artist and I never studied under Dali?

My response:

Okay, I see your angle.

First, let me say that in the United States, you can call yourself by any name that you want. That's a given.

However, when that alias can be traced back to you, and no matter what you call yourself, it's still "you". Therefore, "you" cannot state a falsehood as a "fact". That would be fraudulent.

It would be the same thing as painting a Picasso yourself, or painting a "Picasso-like" painting, and actually passing it off as genuine.

IAAL

 

[ubercool]

However, when that alias can be traced back to you, and no matter what you call yourself, it's still "you". Therefore, "you" cannot state a falsehood as a "fact". That would be fraudulent.

So, if I understand you correctly, you are saying I can market my abstract work under a different name, but I can't claim that my fictional counterpart has credentials that I don't have? Are you saying that it would be fraud (again, hypothetically speaking) if I purported that my alias studied under Dali if he didn't?

 

[I AM ALWAYS LIABLE]

So, if I understand you correctly, you are saying I can market my abstract work under a different name, but I can't claim that my fictional counterpart has credentials that I don't have? Are you saying that it would be fraud (again, hypothetically speaking) if I purported that my alias studied under Dali if he didn't?

My response:

That is exactly what I'm saying. Your alias, or counterpart, or alter ego, would still be "you". And "you" didn't study under Dali. To make a purchaser think otherwise is fraud, and deceit, among many other civil and penal crimes.

IAAL

 

[ubercool]

OK, I'll buy that. Now let's take it down a notch. What if my alias was born in a foreign country? I was born in the U.S. But my alias was born in France. Is this fraud? What if somebody buys a piece of art from my alias simply because the buyer thinks France is "chic" and somehow makes the art more alluring? Does this mean fraud?

 

[I AM ALWAYS LIABLE]

My response:

I have given you enough information with which to have a lengthy discussion with your own, local, attorney. Among the topics you may wish to discuss would be:

1. Fraud;

2. Deceit;

3. Detrimental reliance;

4. Breach of contract;

5. Promissory Estoppel.

. . . among many other causes of action. And then, there's the issue of damages, both actual and punitive.

Good luck in your endeavors.

IAAL

 

[ubercool]

Well, thanks very much for the advice you've given thus far. But the domain name which drew me to this forum was "freeadvice.com". I'm not eager to consult with a local attorney because that will cost me money I don't have. If you are unable to answer my final question that's fine. I will take it somewhere else. Thanks again.

 

[I AM ALWAYS LIABLE]

But the domain name which drew me to this forum was "freeadvice.com". I'm not eager to consult with a local attorney because that will cost me money I don't have.


====================================


My response:

You see, you gave me an inaccurate impression (get it?) of you. I was under the impression that you were a successful, monnied, artist who could well afford an initial consultation with a local attorney. I was, apparently wrong.

And, I know what the domain name says. Do you believe everything you read? At some point, even "Free" advice has to be cut off. You're not the only writer to these forums, and quite frankly, your posts were becoming boring, lewd and lascivious.

When you start coming back with "what if" scenarios, then it becomes a little ridiculous - - "what if" I was left-handed, and my alter ego was right-handed? "What if I'm a black chick, and I wanted my alter ego to be a white male? What if I like masochism, and I said that my art was from Alaska? "What if" a buyer is chasing my alter ego, and my alter ego paints a tunnel entrance onto a big rock, then hides and watches as the buyer runs straight into it?

You know, these scenarios can be endless and, what I needed you to understand was that what I was telling you could be molded and extrapolated by you to fit every scenario you could conjure.

The main thrust was honesty and integrity in both your real persona, as well as that of your alter ego. But, what's coming through loud and clear is that it's your intent to hide behind an alter ego, and cheat the public - - the art lovers of the world. Quite honestly, I think it's highly unfair of you, and a bit criminal- natured. How dare you! How dare you!

So, "what if" you went someplace else to get your information?

IAAL

 

[ubercool]

Are you for real? Lewd and lascivious? Hilarious! How dare I? Hysterical! Who the hell are you, anyway? I've seen your type before. Every message board has one like you. A loser/troll who has no life and anoints himself lord-emperor of the board. By the way, it's spelled Rodin, not Rodan----moron. Yes, you are always liable.....to be an internet clown.