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#831136 07/16/10 08:26 AM
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Hello everyone!

I have a question that's been nagging me for some time. I currently use the pseudonym "Karen Mack" for a writing name, but I had since discovered that there is another songwriter (namely, singer/songwriter) also named "Karen Mack". Would there be a legality issue with two songwriters bearing the same "name"?

Thanks everyone!

-Karen

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I don't know about the legalities, but it would at least be confusing. I would use another name.

Back in the 60's, an up-and-coming singer in England named David Jones decided to change his name to avoid confusion with Davie Jones, a member of the Monkees. It seemed to work out for him. What name did he choose? David Bowie.

Myself, while not a pseudonym, I include my middle name for all music-related activities to avoid confusion with former Tech-TV host and Digg.com founder Kevin Rose. Besides, he already had the "kevinrose.com" URL and I wanted to be able to use my name for my web site.


Kevin Edward Rose
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Karen,

It can be very confusing and sometimes quite negative. When I moved to Nashville in the late 80's, I had the same name as a banjo player that had lived here for many years before I moved. The problem was that while he was a GREAT banjo player, he was a TERRIBLE singer and had an ENORMOUS EGO. He had been seen and rejected by every record label in town and his attitude did enormous damage to his credibility.

I kept hearing a lot of talk about "so and so tried to play your songs for such and such record label,but they had already heard all they wanted of "Mark Barnette." The industry HATED him.

I ended up doing a major National television show and the first thing the interviewer did was ask me about that guy. 62 million people just to find out I had the same name as a jerk.

The day after the show aired,(which was kind of like the Tonight show for country music) the "other Mark Barnett" called me up to ask for a meeting. We got together in a resturant on Music Row and it was kind of a Clint Eastwood Western movie where the two gunslingers face off at high noon. He told me that he had been here longer and I should change my name. I thought he was right.

So what I did was change the spelling, used my middle name "Marc-Alan Barnette" and went on about my business. That was easy because at that time all the male singers went to three names, Billy Ray Cyrus, Ricky Van Shelton, Ricky Lynn Greeg, David Lee Murphy, and all the women went to one name, REBA,SHANIA, MARTINA, He moved away a few years back and I never heard from him until my Mother was at a tourist place in Gatlinburg Tenn. and bought one of his CD's thinking he was me.

It's pretty bad when even your mother is confused about who you are.

I would find a name change just to make it easier. You are starting out in your career and it is hard enough to get anywhere without the easier things that can be addressed early.

Good luck,

MAB

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Yup, Marc makes his point pretty clear here. I've had a bit of a similar problem where there is the famous NICO from Velvet Underground. Actually when I started playing I had no idea she even existed because it wasn't as easy to research things on the internet.
Long story short, I wasn't able to get my tunes onto iLike.com unless I change my name (or include my forever-mispronounced-and-confusing last name) because duplicate artist names weren't allowed. They had to fix their system in order to make this work (was the last I heard from their support team).

I also had some buddies in a rock band who had the same name as a rapper. They showed up to the venue with a pile of angry fans expecting to hear the rapper. They narrowly escaped the club right after their show. Seriously.

So, ya, make sure there are no rappers with the name Karen Mack!

Nico.


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Hi Karen!

KNOW how ya feel, tho in my case, it's sorta Weirder. I early-on adapted to "TampaStan" since I'd taken TONS of kidding on my Last Name (Good) all my life. THEN..tried to get "TampaStan@WebTV.net" for an Email Addy...only to find out there was ALREADY a retired cop in town who ALSO had the SAME Nickname & the Addy.

We became friends & I used "StanGoodClocksFans@webtv.net for many a year...until I ditched the WebTv for a Real Computer, & got the @hotmail.com added-in.

Problem Solved? Naaah...NOW CENTCOM COMMAND down at the Air Base (MacDill) South of us comes-up-FIRST..when ya Google "TampaStan"..since they sorty control Military-Ops in AfghaniSTAN and ARE based-in-TAMPA, just like me.

Win a Few, Lose a Few..

Good Luck with Your New Name, M'LadyChum!
Best Wishes/Big Hugs,
Stan

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Originally Posted by Marc Barnette
my Mother was at a tourist place in Gatlinburg Tenn. and bought one of his CD's thinking he was me.
Now that is funny – did she say “Son, I never knew you could play the banjo like that!” wink

Thanks as ever Marc, informative and entertaining.

Karen, legally I don’t think you have a problem unless you are using your namesake's goodwill to progress, but as has already been said if you want to make life less confusing it would be worth considering a name change, especially as you are using a pseudonym anyway.

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I think Stu, our resident entertainment attorney could answer your question with credibility. He answered the same question for me some time ago.

Does the other Karen Mack own a trademark for the name? If so, change yours. If not, you can persue a trademark. I hear that it can be expensive.

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I switched from 'Steve' to 'Stephen' about ten years ago. Basically, when I first started using the internet and found there was already a 'Steve Brooke' out there doing music.

Now I only get confused with the eminent British historian Stephen Brooke and sometimes get emails from history students.

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I don't think she uses Karen Mack as a trademark, it looks like she's an indie performer throughout the NYC area:

www.karenmack.com

*Sigh* and I'm so used to this pseudonym...*sigh*

Thanks everyone for the feedback! :-)

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Originally Posted by kmaquilan2000
I don't think she uses Karen Mack as a trademark, it looks like she's an indie performer throughout the NYC area:

www.karenmack.com

*Sigh* and I'm so used to this pseudonym...*sigh*

Thanks everyone for the feedback! :-)
Ok - you have just posted a web address and I still don't know whether it's for her or you - so the confusion is there from the start. If you don't own the karenmack.com domain name I would forget it and find another name, however if that is your domain then you certainly have Internet squatters rights! smile so stick with it.

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That web address is hers, unfortunately...

Maybe I should just change my pseudonym to "Karen Makk" or "Karen Maki" or "Karen Mak"...*sigh*

I have to think about it, even though I'm so partial to this one...hmmm...

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Karen Maq
Karen Maque

or how about Jimmy Mack? grin wink

A middle intial or name perhaps? Like what Marc did.

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How about Karen MacQ or Karen McQ?


Kevin Edward Rose
Celtic, Americana, whatever the folk.
Hailed by Performing Songwriter magazine as a "valued subscriber".
More music sold than Elvis and the Beatles combined!*
http://www.KevinEdwardRose.com
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Might be easier to go with "K-Mack"..has a Young Feel to it.

Worked for "K-Tel"...HAS that "Kodak" touch to it as-well.

Good Luck with your Challenge!
Best Wishes & Big Hugs,
Stan

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If you Google my name, you will also find Colin Ward the anarchist. He is the impostor! But how would anybody know we are not one and the same??


Colin

I try to critique as if you mean business.....

http://colinwardmusic.com/

http://rosewoodcreekband.com/


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Hi Karen:

Before I forget the manners my Mamma taught me, "Welcome to JPF." You've received some pretty sound advice from folks who oughta' know. My chosen "stagename," Dave Rice... is probably as common as dirt. There must be at least twenty of them involved in music. Some are relatively "infamous" and one has had the stupidity to attempt to change the Boy Scouts into the Boy Skippers.

When I register my songs at ASCAP, I use my full name. After all, I am only a songwriter who happens to sing... and not too well, I might add. I never perform and don't ever plan to do so.

Even though I was here on this earth first, as far as I can tell, if I were a performer, I would change my stagename to something else. Especially if I had the "pipes and personality" to pursue a performing career.

Thanks for bringing up this interesting thread and good luck to you with your music.



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TampaStan:

K-Mack...LOL I use that pseudonym on internet radio, but I don't know if I'd like to use that since it sounds "ghettofied"...

Maybe I'll just use my real name for songwriting credits on BMI? I just hate how hard it is to say in real life though, which is why I need to find something easy to remember and a bit plain...

I was thinking "Karen Macklen" or "Karen Mackenzie" or something like that...

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Hi Dave,

Thanks for the warm welcome (even though I've been involved with JPFolks for years :-))!

So basically, when you perform, you find it alright to use "David Rice" as a stage name, but use your full name for songwriting credits? What if you're strictly just a songwriter, would it be okay to use my full name for credits? So, for album credits, would it be better to just use your real name?

Thanks for the advice!

-Karen

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Hi Karen,

Adding a middle initial is a very common practice when another artist has the same name. Michael J. Fox comes immediately to mind, as does Michael W(?) Smith, a songwriter.

Kevin Moore uses his own name for copyright purposes, but on stage he is known as Keb'Mo.

I copyright things in my given name, Robert Gustafson, but, like you, that's just too difficult to live with on stage, so I'm known as Midnite Bob...And if the other Karen Mack already has the domain name, then yeah, I fear you're stuck needing a change.

Sorry 'bout that:-(

Names are important. So take your time and get it right. You won't be the first to change things around a bit, so I'd aim for distinctive, yet simple. And the sooner you get adjusted to the change the better.

Best

Midnite


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HI Again Mz Karen!

I just LOVE good challenges. OK, I've visited your site, particularly-enjoyed "Nu-Huh" (Really Catchy & Fun) and "My Miracle" (Sweet! Great Vocals/Killer Arrangement)...& scratched my Addlepated Head a bit longer...& Voila:

"Karen MaQ" (Pronounced "Mack" like you're used to hearing.)

Like "Sade" it takes some getting to KNOW how it's pronounced. Has BOTH Modernity and a bit of The Exotic to it..IS Unique and Trademarkable. AND it's based on Your Real Name...which IS worth a fan's Getting-to-Know. It's also delightfully-SHORT, in line with the Memories & Attention Spans of Today.

KOS..&..I Do hope you'll post some of your Lyrics at the Boards here as ya pens 'em...(Prolly should at your website(s) as-well...I'd recommend!)

Best Wishes/Further Hugs,
Ol' Stan

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Hi Stan,

Hmmm...I think I'm getting used to "Karen Maq"...I may use that for my new name...yay! Thanks!

BTW, thanks for listening to my stuff, glad you liked it.

-Karen

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Hey Midnite, I heard that Michael J. Fox uses the "J" in tribute to his favorite actor Michael J. Pollard who played "CW Moss" in "Bonnie And Clyde".

Karen, what ever you do, don't change your name to Ben Willis. I already have the top spot for that name on Google.

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Heya Ben,

I like your version. I know there was another Michael Fox, but choosing "J" as a tribute is pretty sweet.....Golly, how often does it happen that you & I might BOTH be right?

Midnite



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Hey Ben,

I promise that I won't use "Ben Willis", unless I wanted to play a Victor/Victoria role (which will never happen)...LOL

I have to make a correction...it was NIGE who suggested "Karen Maq" first...thank you Nige!!

(Sorry Stan, I'll have to take back your credit, LOL)

-Karen

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Hi Karen..

Sorry to hear about the squeeze this puts on you! once you;ve become3 used and associated with a particualr name, it's hard to imagine not having it forever.

First, I would definitely change it...however, I would use something besides Kern Maq, Makci, etc. (Sorry my good friend, Stan!!!). Why, because I can tell the difference when you write but not when you say it. Maq and Mack look different on paper but sound the same when pronounced. And so much in the entertainment business is word of mouth. Why take the chance of being confused with someone else...they get that phone call that was intended for you and then you watch the "other", who was supposed to be you, on TV...from your apartment!

I'm not sure how to properly pronounce your real last name, however, here's something I think is close, and might work for you..."Karen Makillin". It's just a thought, but might translate into something you like better.

Regardless, good luck with that and your career! All the best...

Al




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Karen...

Please excuse the typos. I severely injured my right hand last year and typing is extrememly difficult for me. What you read is what's left after I had already corrected a dozen or more other typos. I have little use of my right thumb and index finger. but, I do manage to get my point across in the midst of the typos...at least I think I do!

Al

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I actually like Karen Maq the best. It's easier to remember because of the unique spelling. When you get all famous and whatnot you could just go by "Maq."

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I think for songwriter credits (like official documents for BMI), I'll go by my real name, but when being addressed to people, I'll probably go by "K-Mack" as a songwriting "pseudonym", especially for pop music...

As a singer, I'll figure it out eventually

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KAREN MAC


perfection is unattainable, excellence is totally within reach

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There are all sorts of little "things to remember" about using pseudonyms. Most people know that "Z. Mulls" is a pseudonym, but I use it full-time when I'm in music mode. But any agreements have to be signed using my "real" taxpayer-ID name. (I have to sign as "Real Name, p/k/a 'Z. Mulls'" -- 'p/k/a' = 'person known as').

I had to register with BMI using my actual name, and register the pseudonym. I was informed (after some confusion and talking to a writers' rep) that I couldn't use the online registration for songs -- I had to download the forms and mail them in.

Also, with copyright, you need to keep it all straight. At least with online copyright submission they have a space for it.

You will have PRO confusion if you already have a name someone else is using, and will have to differentiate it with a middle initial or middle name or something. You've gotten several good suggestions, and before you get too entrenched with any legalities you should pick something you really like.

Actors *have* to choose a different professional name. You're not allowed to register your name with Actors' Equity or the Screen Actors Guild if someone is already using it. Did you know Stewart Granger wasn't allowed to use his real name because his real name was Jimmy Stewart?


ZMULLS.COM
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2007 Grand Prize Winner International Songwriting Competition

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K-Mack, A K-bar was a military issued knife. So if you went by K-Bar you would also be known as Mack the Knife. Just a thought.


Write from your heart, not what you think others want to hear.

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Hi Z. Mulls,

I remembered when I first registered with BMI, I did register with my full legal name, and once you register your works into the online system, you had a choice as to what name the works would be listed under. Technically I don't have anything published yet (maybe soon!), most likely the works will be registered under my real name, "Karen Maquilan", but use K-Mack as a nickname in the industry (like "Stargate").

-Karen

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Dan,

LOL, what a wonderful play with words!! LOL

-Karen

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Now what is wrong with your real name? It looks, feels, and "speaks" very well. It is also memorable.

Karen Maquilan

I mean, look at it. And it rolls off the tongue so nicely.


If writing ever becomes work I think I'm going to have to stop

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I've always dreaded the sound of my real name, mainly because everyone butchers it soooooooooo badly. Then I get asked the second question, "Where is that from?" *More shudders*

If only the Spaniards who had changed all of our tribal Filipino names had given my father's ancestors an easier Spanish name!! LOL

Then again, if I had a tribal last name, it probably would be butchered even worse...

Although a friend of mine had pointed out that I should be proud of my Filipino heritage, and that so many Filipino music talent out there usually downplay that they are Filipino...so I think I'll be sticking with my real name from now on...wearing a Filipino flag draped over my back. :-)

So "Karen Maquilan" it is on!!



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