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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