Stage name for a prostitute in an identity card?

May a district authority refuse to enter a prostitute's stage name in an identity card? The Pankow District Authority rejected the application of the operator of an escort service on the grounds that the claimant does not engage in artistic activity and is not known under the stage name.

A prostitute who operates an escort service in Berlin and also advocates for the political and social rights of sex workers wanted to have her stage name entered in her identity card at the Berlin District Authority Pankow. The authority rejected this on the grounds that the prostitute does not engage in artistic activity and is not known under the stage name.

Against the authority's decision she went to court. She was of the opinion that she worked with her body just as a dancer does and took on different roles in sexual services just as an actress does. She was also known for her commitment to the rights of sex workers. Therefore, she claimed that she was entitled to have her stage name entered under name law.

Court decision

In its judgment of 20.01.2015 the Administrative Court Berlin – Az. 23 K 180.14 – dismissed the claim, as only "artists" may have their stage name entered in their identity card.

In art, "intuition, imagination and artistic understanding work together". This involved the expression of the artist's individual personality. This was not the case in the occupation of prostitution.

Sexual work does not constitute "free creative design in which she expresses her impressions, experiences and memories". It merely concerns the sexual gratification of her clients. Furthermore, the prostitute is not generally known to the public, which is already a prerequisite for the entry of a stage name.

Conclusion

A basic requirement for the entry of a stage name is initially that the artist is known to the public under the chosen pseudonym. This was not the case here, so entry could not take place. It was therefore unnecessary to assess to what extent the performances of the prostitute are equivalent to those of an actress and/or dancer.

The operator of the escort service could take comfort in the fact that it is at least open to her to have her stage name protected as a trade mark. In this way the stage name of the lady even obtains trade mark protection.