Common Law Copyright: Jailed Ex-State Rep Tries To Copyright Own Name

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Lawmaker Ted Alvin Klaudt, Convicted Of Raping Foster Kids, Claims Name Is Copyrighted So You Can't Report It, Wants $500K Per Use

Ted Alvin Klaudt, who was convicted of raping his two foster daughters a couple years ago, and who is now claiming that his name is covered by copyright, so no one can report on it. More specifically, he's trying to claim a "common law copyright."

If Ted Alvin Klaudt had his way, we'd owe him $500,000 for the first clause of this sentence. The former South Dakota state representative has sent a notarized letter from prison -- where he is serving time for the rape of two of his foster daughters -- notifying several news organizations of a "Common Law Copyright" on the use of his name.

Laura Malone, associated general counsel for intellectual property at The Associated Press, said names of people, companies and products cannot be protected under copyright law. Names can be protected under trademark law, but only in association with goods or services used in commerce, she said.

"Even if there was a valid trademark, the mere use of the name in a news story is not an infringement of trademark," Malone said Tuesday. "There is no legal substance to these claims," she added.