Rapist ex-lawmaker claims copyright on his name, threatens legal action against anyone who uses it without permission

Former South Dakota State Rep. Ted Alvin Klaudt -- presently serving time for raping his two foster daughters -- is sending bizarre "copyright notices" from prison to news agencies and outlets that use his name in print or online, claiming a "common law copyright" on his name and demanding $500,000 for any unauthorized use.

Proving, at least, that knowing the law is no prerequisite for serving in high office.

A letter and an accompanying document labeled ''Common Law Copyright Notice'' said former state Rep. Ted Alvin Klaudt is reserving a common-law copyright of a trade name or trademark for his name. It said no one can use his name without his consent, and anyone who does would owe him $500,000...
The letter and copyright notice Klaudt sent to The Associated Press carried a postmark of Dec. 11 from Mobridge, a city near his ranch. The notice was signed July 13, 2008, and notarized in Bon Homme County, the location of the Springfield prison. It also included a seal indicating it was filed with the register of deeds in Corson County, where the family ranch is located, on July 31, 2008.
The letter said anyone seeking to use Klaudt's name would have to file a written request 20 days in advance. It also said he would pursue charges and other legal action against anyone who violated the notice.

Ex-Lawmaker Convicted of Rape: Name Is Copyrighted (via /.)

Previously:

I write books. My latest is a YA science fiction novel called Homeland (it's the sequel to Little Brother). More books: Rapture of the Nerds (a novel, with Charlie Stross); With a Little Help (short stories); and The Great Big Beautiful Tomorrow (novella and nonfic). I speak all over the place and I tweet and tumble, too.

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JoshuaZ

And the Streissand effect is already in force: http://www.google.com/#hl=en&source=hp&q=%22Ted+Alvin+Klaudt%22&aq=f&aqi=&oq=&fp=cbc2f75bf9d43a8f
lewis stoole

i have just patented my genes. any woman who bares a child with these patented genes without my consent, i will sue. (it would probably make more sense if i posted this under a monsanto post; but when i hear lawsuit, i become excited about the possibilities)
Anonymous

This would be a better gambit if it were novel, but it isn’t. It’s an old jailhouse lawyer trick, passed down from generation to generation of inmates like cargo cultism in the south seas.

A variation on it is to first issue a flurry of documents purporting to establish a legal change of name, then in the second stage file for a writ of Habeas Corpus claiming that the name on the judgement and sentence is different and that therefore the inmate must be released.

Neither method works.
- Hans
  
  I suppose the belief that these sorts of arguments work is a commentary on how people (well, inmates) think of the criminal justice system: a thoughtless golumn enforcing rules without for either justice or consequences. They’re opinion of a judge as a sentient, decision-making entity must be pretty low for them to think the argument would work.
  - Anonymous
    
    That is the most creative spelling of “golem” I have ever seen.
    
    I like it!
Anonymous

I am Ted Alvin Klaudt.
Anonymous

To the people ridiculing South Dakota: We have four Giant stone robot presidents lying in wait under Mount Rushmore, and they will punch you in your grandma.
Xopher

“Ted Alvin Klaudt” can be sung to the tune of “Carol of the Bells.” Ted Alvin Klaudt, Ted Alvin Klaudt. I don’t have time to write the whole filk now, but the “Merry Merry Merry Merry Merry Christmas” line would be “Stupid Stupid Stupid Stupid Stupid Rapist.”
nehpetsE

No! I’m Ted Alvin Klaudt, daughter raper!
MelSkunk

Wow, this is almost as good a money making idea as selling eggs to fertility clinics!

*shudder*
- lewis stoole
  
  you just gave me a great idea for selling testicles!
  - RainyRat
    
    @lewis: Yeah, but that’ll only work twice.
Brainspore

Sounds like the guy gets legal advice from comic book villains.

Hoffman, run down to the patent office, copyright the name “Green Goblin.” I want a quarter every time someone says it.

-J.J. Jameson
Thalia

Mr. Klaudt should be referred to New Kids on the Block v. News Am. Pub., Inc (9th Circuit, 1992).
Thalia

Mr. Klaudt should be referred to the New Kids On The Block case, which clarified the right of papers to use trademarks, even famous, registered ones, in the context of identifying parties. http://openjurist.org/971/f2d/302
Simon Bradshaw

What everyone else has said. This article would be more accurate if it said “…that claiming to know the law…” because Klaudt clearly does not.
WorldWithoutEnd

What the article says is that “knowing the law is no prerequisite for serving in high office.” i.e., this case proves that one doesn’t have to know the law to get into high office.
RainyRat

I’m Ted Alvin Klaudt, and so is my wife. So I guess this means that there will be [counts other posts] at least five lawsuits winging their way to BB as a result of this thread so far?
Satan Ate My Ears

The only thing greater than the absurdity of this man’s logic is his resemblance to the “ding, fries are done!” guy.

Can ya see it?
3lbFlax

We’re all Ted Alvin Klaudt now.

On a more serious note, I genuinely am Ted Alvin Klaudt, but not Ted Alvin Klaudt the rapist; I’m Ted Alvin Klaudt the latrine orderly. Furthermore to this nominative coinkydink I hereby grant all people of the Earth everywhere the right to use my name (Ted Alvin Klaudt) IN PERPETUITY on land and sea and wherever God shines his light*, particularly when referring to my namesake Ted Alvin Klaudt (the rapist) as a method of avoiding tiresome litigation.

* Except in Nebraska.
Anonymous

Isn’t a name public record? Can you copyright something that is present in the public domain?
johnnyuber

From now on I will make sure to refer to him as
“Klaudt the Rapist”.
johnofjack

Unfortunately for this guy, I hold patents on both stupidity and corruption.
UncommonSense

But how will he get his mail?
Anonymous

perhaps he could change his name to a short story and then of course it would be copyrighted. “For Sale: Baby shoes – never used,”is unfortunately already taken but I’m sure he could think of something.
Anonymous

How is this any more stupid than the ip laws they actually enforce with such enthusiasm?
bardfinn

A commentary, by bardfinn.

Ted Alvin Klaudt, Ted Alvin Klaudt, Ted Alvin Klaudt – Ted Alvin Klaudt;
TedTed TedTedTedTedTed TedTedTedTedTed TedTedTedTedTedTed

Alvin
Alvin
Alvin
Alviiin
Klaudt

Alvin
Alvin
Alvin
Alviiin
Klaudt

(ad nauseam)
lev3k

Maybe you should put his name in the title, Cory.
Anonymous

In case anybody was wondering, I googled, and yes, he was a Republican.
Chris Tucker

Ted Alvin Klaudt

<Butthead>Hehehehehe “Weigh in”</Butthead>
Naberius

“Proving, at least, that knowing the law is no prerequisite for serving in high office.”

Dude was a state representative in South Dakota. That’s… medium office at best, right? I mean there’s like 150 people in South Dakota these days. I imagine they all just take turns serving in the statehouse.
airship

Being a state representative in South Dakota is the equivalent of being 3rd junior assistant dogcatcher in Omaha. I’m from Iowa, and South Dakota is one of the few states we can beat up.
- MrJM
  
  South Dakota : Mount Rushmore :: Iowa : ???
Anonymous

I think this is related to the tax resister / patriot lunacy that one finds as an undercurrent in a lot of American movement conservatives. It certainly has the genetic markers of that belief set: reliance on bizarrely twisted “common law”; bogus filings; steep “fines” for violation.

See here, for example:

http://www.texasnationalpress.com/expose/copyrightname.shtml
Teufelaffe

Part of what makes this the most stupid is that you cannot register a copyright for a name.* You can trademark it, but not register a copyright for it. Think about it, if you could register a copyright on a name, do you honestly think that companies would still stick with the trademark? A trademark confers less “protection” than a copyright, since someone can use a trademarked name without permission of the trademark holder in many more ways than one can use a copyrighted work.

* There is a distinction between having a copyright on something, which happens the instant the creator says it’s copyrighted, and registering a copyright with the copyright office, which creates a legal record of said copyright.
Architexas

I remember when Leonardo DiCaprio attempted to have his name copywritten and trademarked to prevent its unauthorized use in the tabloids. I believe he did the same with his image, too. Shot down in court. Sorry Ted Alvin Klaudt (oh, damn, there goes $500,000!) but you’re overstepping your legal bounds. I also can’t help but find it sadly amusing that those who violate the physical rights of others think they should have their rights upheld to the bitter end… even when those rights don’t exist…
sluggo

Had to go look it up, but it seems he identifies with the Republican party.

At first, I thought the ‘R’ was for ‘Rape’. Actually, I still do.
zandar

pretty fucking pathetic and sad (but not surprising, I must say) to be coming from an ex-legislator.

Hard to see the audaciousness of one snowflake when your job consists of creating blizzards, I guess.
Anonymous

I still can’t believe there are individuals capable of doing such awful things-

:(

http://nofishnonuts.blogspot.com/2007_05_13_archive.html
CastanhasDoPara

W ll knw wht hppns t rpsts nd ncsts prcks n prsn. hp ths trd swrls n th bwl fr th rst f hs ntrl lf. Wht pc f sht.
Anonymous

Perhaps all he wanted was fame?
Smart guy, making the Streisand Effect work *for* him ; )
Maybe not really the S-E, but if not, something close.
MadMolecule

Among many other problems with this guy’s legal theory, he can’t claim copyright in his name because he didn’t create the name. If anything, his parents could claim copyright in the full name “Ted Alvin Klaudt,” but even then it would be as a derivative work; they could claim copyright in the particular arrangement of three public-domain words.

OH MY GOD. I just realized his given names are “Theodore Alvin.” God, I wish there were a Simon involved in this story somehow.
mdh

Sounds like the kind of guy you’d run into on the group W bench.
_OM_

Ted Alvin Klaudt
Ted Alvin Klaudt
Ted Alvin Klaudt
Ted Alvin Klaudt
Ted Alvin Klaudt
Ted Alvin Klaudt
Ted Alvin Klaudt
Ted Alvin Klaudt
Ted Alvin Klaudt
Ted Alvin Klaudt
Ted Alvin Klaudt
Ted Alvin Klaudt

…Now, sue me, you pedophile. G’wan, I *dare* you.