Consider: copyrighting names would mean
that people that are charged with ethical violations, crimes, or just dirty
play could not be discussed in the news. Exxon, for instance, could just
copyright their name and then prohibit any news media from discussing them by
name.
Copyright only protects “creative
works”, such as books, news articles, TV shows, movies, etc. While it does
protect invented elements, such as characters, it is not so granular that names
are protected. Thus, I could write a book about a dentist from Colorado Springs
whose name was Harry Potter or James Bond. Names are not really considered all
that unique, after all, I happen to know that there are 22 other Todd Gardiners
in the United States (and I have met seven of them).
Even if I was to write an article about
JK Rowlings’ Harry Potter, I could certainly do so as non-fiction, making a
scholarly or newsworthy report on the character (but not use this character in
my own fiction, obviously).
So, because you would be infringing on
the rights of people who share your name, infringing unfairly on free speech
rights of press and the public, interfering with the public interest to discuss
things by their name, and because a name is not a “creative work” under
copyright law, you cannot get copyright protections for use of your name.
Similarly, you might register a Trademark for your name.
But the rules for trademark registration require use in commerce (such as a
brand name), and the restrictions only prohibit competing use in commerce. I
can still say “Microsoft” or “Starbucks”, even though they are trademarked. I
just can’t name a business with these names unless it is in a different class
of business (e.g. Starbuck’s Plumbing would be legal).
The units of language:
symbols, letters, numbers, words, common phrases, and the names of
objects/people/places are all very hard to restrict because we are using them
to communicate with each other.
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