Jailed Ex-State Rep Tries To Copyright Own Name, Wants $500K Per Use

[meegbear]

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.

The AP is among the organizations that got the letter from the state prison in Springfield, South Dakota. Klaudt's copyright notice, which demands $500,000 per unauthorized use of his name, was notarized and includes a seal indicating it was filed with the register of deeds near Klaudt's family ranch, the AP reports.

We should note that the Argus Leader is reporting that Klaudt has threatened a $2 million -- not $500,000 -- penalty for each unauthorized use of his name.

His daughter confirmed to the AP that the copyright notice is authentic but declined to elaborate on Klaudt's motivation.

Remarked the AP's counsel for intellectual property: "There is no legal substance to these claims."

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http://tpmmuckraker.talkingpointsmemo.com/2009/12/jailed_ex-state_rep_ted_alvin_klaudt_threatens_new.php?ref=fpb

[Ian David]

1. So much for my plan to sell Klaudt Kondoms. n/t

[Turbineguy]

2. Well, he obviously

didn't get anywhere raping those trusted into his care so why not try this?

[MineralMan]

3. Damn! And my marketing plan for

Ted Klaudt Dunce Caps™ was just about to launch.

[HopeHoops]

4. You can't copyright a name, title, or idea.

He could apply for a trademark but only if he's used his name in commerce for at least a year.

[Romulox]

5. There also no sense of a "common law copyright" in American law. nt

[HopeHoops]

6. Well, there was prior to 1978, but only at the state level.

A lot of people also don't realize that works automatically carry a copyright now and you are allowed to use the copyright symbol. Registration is not necessary but does provide additional protection if a work is actually stolen. You can also bulk-register a "collection" of works with the same application and fee so it isn't that expensive if you decide to go that route. The "poor man's copyright" is both unnecessary and legally useless.

[Romulox]

7. The 1909 Act also pre-empted State copyright schemes as to the covered subject matter...

Point taken, but the claim would not be any more valid if he had made it 40 years ago... :shrug:

[HopeHoops]

8. Oh, absolutely not! I'm no expert, but I don't think copyright law ever allowed that in the US.

[Romulox]

9. No expert here, either.

I seem to remember that State copyright laws had a lot of currency as to bootleg recordings of concerts prior to the 1978 Act. That's one of my only really forays into the subject.

[HopeHoops]

12. LOL! You just reminded me of a Greatful Dead concert - circa 1985

Merriweather Post Pavilion, Columbia, MD.

This is an open-air pavilion with a large lawn. Even for a Barry Manilow (sp?) concert, they had a guy outside with a megaphone - "For your protection, we do not allow large sticks, knives, recording devices, cameras, movie cameras, blah, blah, fucking blah".

I had just seen the Dead at the Capital Center a few weeks earlier and it was boring as hell so I didn't have high expectations (pun intended). As I approached the gate, I was stunned that the megaphone moron wasn't at his post. They weren't searching purses or backpacks and the guy in front of me walked in with an 8" telephoto lens on an SLR around his neck.

Inside, there were at least six recording stations with milk crate barricades and 8' directional stereo microphones aimed at the stage. I was looking for a friend and didn't expect to find him so I headed up the narrow aisle toward the back. A guy came down past me calling out, "HITS! Anyone doing HITS?" Toward the back there was a milk crate concession stand with two florescent green bowling pins with "POT" written down them. I had just spotted my buddy when the music started. On the down beat, everybody was dancing.

Pretty much anything and everything that could be smoked was being smoked and there was a cloud that easily extended 8' above the ground. I had another friend with me who was a solid Republican (and all-around goody-goody). He got a profound contact high.

Curiously, the only arrest from the entire concert involved a VW station wagon from Oregon packed with pills. Go figure.

[begin_within]

10. He also can't prevent the editorial use of his name

Even if he somehow got a trademark on his name based on whatever product or service he provides under that name, he still couldn't prevent people writing about him and using his name. All the trademark would stop would be other people providing the same product or service or category of product or service using that name. I think he could apply for a trademark based on intent to use in commmerce, rather than having already used it, but that might be easier to contest by someone else. You're right, you can't copyright a name, title or idea, only your unique expression of that idea in a fixed format. I don't see how he would ever win any cases based on his claim of a copyright on his name.

[Ghost in the Machine]

11. How about "Republican Sex Offender Ted Klaudt"

"Republican legislator Ted Klaudt was charged with raping girls under the age of 16."

http://www.keloland.com/NewsDetail6162.cfm?Id=0,57158


He's on the list at http://www.republicansexoffenders.com