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DBA's
You know, there has been several threads offering advice to models, and I've seen a problem pop up with several models that I know, never worked with, but know, that can be avoided. The basics are that they do nude work, and my personal opinion on nudes is that while I don't do them professionally, I do not object to them, or have a problem with them, but on their model releases, of course, they sign their given name, and have their profile here on MM using their modeling name, which I know is a very common occurrence. I know that depending on if modeling is your full time gig, so many people here on MM have a normal "straight" job outside of our respective industries where posing for nude photos may not be looked upon favorably. I'm not saying it's right, it's just the way it is for the time being. But they of course sign their given names, and in some way, hope the photographer uses their modeling name when posting the images, even though, they do not have too. They should, but some don't, business ethics is something very broad that changes from person to person. But, there is a way for a model to protect themselves legally. It's known as a 'DBA" or "Doing Business As." The process varies from state to state, and from country to country. But, here in the US, you register it, usually there is a fee involved, and then you can sign releases and contracts under that name, and most, I'm not sure if all, would allow you to have a legal form of ID like a state issued drivers license or state issued ID with that name, of course, do your due diligence and look things up for your state. Photographers, MUA's, hairstylists, and all crafts here on MM can also do this, it isn't limited to models, it's just that it primarily relates to models based on sheer numbers. Well, hope this helps, and well, if you want, comment, discuss, or what have you. Jul 29 13 05:46 pm Link Isaiah Brink wrote: I don't believe I've ever heard of that. Can you point to a state that does allow that? Jul 29 13 05:57 pm Link Brian Diaz wrote: Well, from the research that I've done, all 50 states allow it. I had a friend that I haven't spoken to in a number of years who told me about it, and he did extensive work in the adult industry, with a lot of actresses in that industry, he could sign, as well as all of the actresses could sign in the other name, because it was a legal name, and they all had legal, legit, state issued ID in that name, because once you file for it, and it is approved, it's your legal alias. It's no longer a "stage name," it's your legal alias. Jul 29 13 06:02 pm Link Isaiah Brink wrote: I'm going to just throw this out there... maybe it resonates with you maybe not: Any photographer who accepts an ID with the name "Suzy'snewBoobs" or the like for the purposes of 2257 is cracked, gone wholly round the bend. Jul 29 13 06:12 pm Link NewBoldPhoto wrote: Now that's funny! From the research that I've done, fortunately, "Suzy'snewBoobs" would not be accepted because, well, it's not a normally accepted proper name. That's one thing about the DBA that's good. But I've only checked it out for North Carolina, Washington state, New York, and Connecticut. Jul 29 13 06:15 pm Link Isaiah Brink wrote: It would not be accepted by whom? Your county or state clerk issuing the DBA or your state's DMV? If you can get a driver license using a DBA, what are the restrictions on the type of name you can use? Jul 29 13 06:26 pm Link Someone's business name for a DBA can be whatever they want it to be. So in the earlier example, a model could definitely use that business name. When written out fully, it's usually in a pattern like "full name DBA business name" (e.g. Jane Doe DBA ModelsRUs) As mentioned earlier, 2257 paperwork asks for a full legal name along all other names used (e.g. former names, stage names, professional names, aliases, etc.) The full legal name must jive with the identification being used (e.g. driver's license). To my knowledge, a DBA name cannot be used for identification documents or when having to sign something requiring your name. It's simply a convenient way to have a business name associated to your name. As mentioned earlier, you can do stuff like have a checking account such that your business name appears on checks in lieu of your personal name. However, when signing the check, you still use your legal name. A DBA is also typically the cheapest method in formally registering a business name (as compared to stuff like LLC, INC, etc.) Jul 29 13 06:37 pm Link Well a LLC is like $50 so I don't think it's much of a cost savings, plus no tax benefits. Still doing business as is one of the oldest methods of creating a business name. Much like the checking account example however the legal name is still required on documents so maybe I missed the point as why a model would need this. Jul 29 13 06:43 pm Link To the OP, I think you need to re-think that a bit. The purpose of a DBA is not to provide you with a new legal name, it is to associate a trade name with the owner of the business. As an example, if I had a company called "Rochester Plumbing," I would be required to register the DBA in order to get a bank account, legally advertise using that names, and in many cases, get a business license. That, however, doesn't mean my name is now "Rochester Plumbing." It means that I am doing business with that name. It also doesn't convey any special signature rights upon me. In most states, you can legally sign a document using any name you want so long as there is no intent to defraud. So, if my name is Betty Smith, there is nothing to prevent me from signing a contract Debbie Jones, so long as it isn't to deceive. The contract is still binding no matter what name is on it. The problem, of course, is proving who signed a contract if a fictitious name is used. Obviously, if a DBA were registered, it would make it easier for the photographer to prove it was you. Therein lies the problem. if 2257 recordkeeping is required, the model's legal name, and all fictitious names, are already required. In other words, a DBA would be nothing more than a registered stage name. You would still be required to have the model's legal name on the form as well as a signature with her legal name. You would also be required to record the DBA. No state will issue a driver's license using a DBA name. If you want a different name on your ID, then you would have to have it legally changed in a court of law. However, for 2257 purposes, you would still be required to list your original birth name as well as your new legal name. In any case, getting a DBA won't allow you to change your driver's license. Which comes back to the same issue. If a photographer is shooting nudes, whether 2257 recordkeeping is needed or not, he should be looking at ID and keeping a copy of it. Once again, the photographer will know the legal name of the model. I understand the point of your post, but it won't work. That is not the purpose of a DBA. It is simply the registration of a trade name. It's sole purpose is so that a business owner can't hide his identity from clients and thus avoid liability. Jul 29 13 06:45 pm Link AJScalzitti wrote: Fees and taxes vary by state. As I understand it, California, for example, exacts an $800 "minimum franchise tax" per year from LLCs. Jul 29 13 06:50 pm Link AJScalzitti wrote: Brian Diaz wrote: You are correct on that. There is a minimum $800 per year corporate tax whether there is a profit or not. That tax applies to an LLC, Sub-Chapter S corporation or a C-Corp. It sux, I have to pay it. Jul 29 13 06:54 pm Link Brian Diaz wrote: Well, an LLC is a "Limited Liability Corporation" while a DBA is "Doing Business As" and are considered two different things. An LLC protects you and your personal assists like your personal savings account, real estate, etc. in other words, they can only go after the companies money and property, a good idea to protect yourself, but generally more expensive. The laws on if you can get a DL I'll be varies from state to state. Some states require you to handle your DBA on a county level. The laws are different from state to state, so, what may be correct for me, may be just flat out wrong for you. I'll say it again, do your due diligence and do the research for the area you are in, it's worth looking into, if just for information's sake. Jul 29 13 10:12 pm Link In Los Angeles a DBA is a Fictitious Name Permit. Some, not all, banks allow you to open an account under it. But it's basically your "company" name. California IDs can not be issued under that name, but other states may allow it. On a slightly unrelated note, you can never tell what people ("friends") that you have outside of modelling will react to it, even if you use an alias, even if legal, some people may have a problem with it. I once did business with someone who was perfectly okay with me "performing" for live audiences but was really upset to say the least when he found out I acted on film too. He really didn't found out actually, I just told him one day thinking anyone okay with live performances would be okay with performing on film, but not. Things got messy on the business/legal side of things because of that. Jul 30 13 01:55 am Link Sandra Vixen wrote: Very true, you cannot tell how other people will react, unless they never know. Some people you trust, others you don't, and then there's a range inbetween. Something to think about who you tell about it, and the activities you're engaging in. Jul 30 13 01:19 pm Link 1. You don't need a DBA to have a stage name or modeling name. 2. You cannot fill out compliant 2257 paperwork using anything other than certain ID with the legal name. DBA will not do. 3. The ability to get an official state DL under a DBA name is not something I've ever heard of. 4. In the unlikely event this rumor turns out to be true I must consider gettin me some extra official government ID's. Jul 30 13 01:32 pm Link 
Model Posts: 6638 MacMurdo - permanent station of the US, Sector claimed by New Zealand, Antarctica GPS Studio Services wrote: May I also add that DBA filings are public information. You can't conceal your identity by using a DBA - both the real name and the dba or fictitious name will both pop up in google searches, background checks, etc. Jul 30 13 02:32 pm Link Brian Diaz wrote: GPS Studio Services wrote: Why are you forming your LLC there then, pick a different state. Jul 30 13 02:43 pm Link |
