Can a father use his son's first name as a pseudonym to publish his writing?

Question

I have a friend. Let's call him John Smith. John Smith has a son. I'll call him Robert Smith. John, their family and Robert's friends all call the child Robert or Robby. No one calls him Rob.

Now, in his free time John writes novels. He wants to publish them under a pseudonym, and the perfect pseudonym he came up with for his writer self is Rob James Ford. (I'm still making up all the names, but the principle of similarity is the same.)

John Smith is a bit worried how his son will feel when he grows up and discovers that his father has "appropriated" his own name.

Little Robert is eight years old today and knows quite a few other Roberts, among them one of his best friends, so he is used to the fact that his name is not exclusive to him. But he also knows his father by the name John and that Rob is one possible short form of Robert. When he reaches adolescence and has to find his adult identity -- possibly accompanied by conflicts with his father -- he might feel that his father has been transgressing into what is rightfully his own by using his name for himself. It might feel wrong to Rob Smith that his father calls himself Rob Ford.

What do you think?

Is it unproblematic for John to call himself Rob? After all he does not call himself Rob Smith but uses a different last name with a version of his son's first name, so there is no mistaking Rob James Ford for Rob(ert) Smith. But at the same time Rob is the name of John's son, and they both recognize this.

What should John do?

John found his pseudonym through a painstaking process and has been unable to come up with another pseudonym that feels just as right to him. Giving up Rob as part of his pseudonym would be a pity.

Answer 1

If John is not using "Rob Smith" and is instead using "Rob Ford" it doesn't seem like it would be much of an issue. No one will ask the adult Robert Smith , "Hey are you also that author Rob Ford?"

Also if the novels become really big and John has book signings he wouldn't be spoken to using the psudoname he would still be called John Smith if he was attending in person.

If that doesn't work, what about asking 8 year old Robert what he thinks? You could explain the situation and see if he has an issue with it. If Robert has a problem with it John should pick a different name.

Also Also, why cant John just pick a different name and avoid the issue?

Answer 2

I think part of it depends on how old you are, and if you're any good at writing.

If you're really good (able to make a ton of money from your writing), you want the real Rob to get his share of the money in return for your theft of his name. So you want to protect the book(s) for as long as possible. If you're old and expect to die soon, a pseudonym will protect your work longer.

if you use your real name, protection for the work extends for your life plus seventy years; if you use a pseudonym, the term of protection is 95 years from the publication of the work, or 120 years from the creation of the work, whichever period expires first.

If you don't die, or the pseudonym is found to be associated with you, that advantage vanishes:

If, however, after filing the original application in a pen name, the author’s identity is later revealed in the records, the term reverts to the life of the author plus 70 years.

I think (again, POB) that if you're really good, your child can take it as a compliment. If, however, he doesn't like your writing, he might be insulted.

I say, avoid it altogether. If you are imaginative enough to write, you should be imaginative enough to make up a better pseudonym that in no way reflects upon an innocent party.

_{Publishing FAQ}