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South Carolina Copyright Questions & Answers
1 Answer | Asked in Business Law, Internet Law, Copyright and Intellectual Property for South Carolina on
Q: Can I use publicly available videos if someone says 'Yes' in a direct message on social media?

I run a marketing company. I sell social media short video services. To make the short videos, I repurpose existing videos. I've gained access to these videos by asking people online if I can use their videos for this exact purpose. They will simply reply back with 'Yes' or... View More

James L. Arrasmith
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answered on Aug 31, 2024

While receiving a "Yes" or "Sure" in a direct message provides some level of permission, it may not be enough to protect you from potential legal issues. Verbal or written informal agreements, like those made in social media messages, might be considered valid, but they can be... View More

2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: Can I use Facebook-posted AI pictures for the book I am publishing? One artist actually gave me permission.
Alan Harrison
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answered on Mar 16, 2024

The Copyright Office has repeatedly said that you can't get a copyright in AI generated art. You should be fine to copy AI art from anywhere. The people who posted the art can't even file a valid suit without getting the art registered in the Copyright Office.

NOTE: My answer...
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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I made a mouse pad with the 52 week challenge on it. Do I need to copyright or patent it?
Jabari-Jason Tyson-Phipps
Jabari-Jason Tyson-Phipps
answered on Mar 6, 2024

It depends: It can be both.

A copyright protects original works of authorship fixed in a tangible medium of expression. This includes creative works like art, literature, and graphic designs. So for the design of the mousepad you may be able to file a copyright for those specific creative...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for South Carolina on
Q: Can a company use a logo I made for them however they choose without my permission?

I created a logo for a small business and we did not sign any documents stating that he could use that logo anywhere or to create products. It was agreed that if he needed any products like cards or advertising materials or uniforms that he would order them through me. We did do that on a couple... View More

James L. Arrasmith
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answered on Aug 29, 2023

Under California law, the absence of a written agreement typically means that the creator of the logo retains the copyright, notwithstanding its use by the company for specific, agreed-upon purposes. Since there was an oral agreement that the company would order products like business cards and... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for South Carolina on
Q: Can I name my online vintage clothing store “Jean Genie Vintage” after David Bowie’s song?

I have an Etsy shop called Jean Genie vintage Co. There are others using a name similar in other states: Jean Genim Denim, the Jean Genie, and then another Jean Genie Classics (on Etsy and actually from my same town).

I’m wanting to get an LLC to protect my business. But I don’t want... View More

James L. Arrasmith
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answered on Jul 11, 2023

The name "Jean Genie Vintage" may be trademarked by David Bowie's estate, so you will need to determine whether the name is trademarked and contact the trademark holder to see if they would be willing to allow you to use the name. You will also need to consider whether the name is... View More

2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: can I publish via audio and print a public domain archived book that has been republished by another publisher?
James L. Arrasmith
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answered on Mar 29, 2023

If a book is in the public domain, it means that its copyright has expired, and it can be freely used, copied, and distributed by anyone. However, if another publisher has republished the book, they may have added their own copyright or trademark to the work, such as an introduction or notes. In... View More

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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I took pictures of a baseball game of a relatives child with their blessing. Can I use the pictures on my business page

The parents are not speaking to me now, years later, and are complaining about the photos on my business page

James L. Arrasmith
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answered on Mar 29, 2023

If you had permission from the parents to take and use the photos, and there was no written agreement specifying the terms of use or limitations, you likely have the right to use the photos on your business page. However, if the parents are now objecting to the use of the photos, it may be best to... View More

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2 Answers | Asked in Copyright, Business Formation and Patents (Intellectual Property) for South Carolina on
Q: I am looking to start a business using a game that some friends of mine and I came up with.

We want to protect our game and not sure what the process is to patent and bring our new game to market with our new business.

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

it depends on type of game you are going to create and make business with. If its board game or PC/console game, different type of strategies of legal protection can be applied. Therefore I would need more details to advice you better and more precisely on this.

I...
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1 Answer | Asked in Copyright for South Carolina on
Q: What constitutes copyright infringement on a blanket design?

I make my own baby blanket designs by assembling pre-licensed clipart in a particular fashion of my own style, also adding my own elements and embellishments. Some of these blanket designs have become very popular on Amazon and I've had some trouble with people copying me, so I registered my... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 18, 2021

Consult with an attorney.

The type of nuance you are asking Amazon to decide is not something they take on.

You may need a court to make a decision.

If the products are imported, contact Customs

1 Answer | Asked in Copyright and Health Care Law for South Carolina on
Q: Hi! I am a surgeon and I want to convert a digital xray (no hipaa identifiers) into an NFT and sell it. any issues

The xray is a postoperative xray with implants that illustrate a good deformity correction and would be of educational value to surgical implant companies. Thanks!

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 9, 2021

Depends

Check with the HIPPA regulations and consult an attorney

Check if you had any waiver signed by the patients

2 Answers | Asked in Copyright, Intellectual Property and Trademark for South Carolina on
Q: Hello. I am trying to figure out if the phrase "Be Kind" is trademarked or not. It says "Abandoned", but just in case.
Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 11, 2020

This is not legal advice, but an informal glance at U.S. Trademark Office records suggests that there are over 100 pending applications or active registrations using the phrase "BE KIND" as a mark or as part of a mark.

Numerous factors are considered in determining whether a mark...
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1 Answer | Asked in Copyright, Intellectual Property, Mergers & Acquisitions and Trademark for South Carolina on
Q: I need to find out what the process is to buy a few trademarks from C&S wholesale.

That were formerly owner by Piggly Wiggly Carolina co./GreenBax enterprises?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 9, 2019

You would be having a purchase contract. In this case the assets are the IP rights. You also may want to do a transfer or assignment of ownership. Best luck.

1 Answer | Asked in Copyright and Intellectual Property for South Carolina on
Q: If I published a book of jokes found on the Internet ...What are my liabilities? Maybe I add uniqueness to each ...?

Perhaps I could preface each (of 1000's of generic jokes) with "Dave said ..."

What if I incorporated? Could insurance help? Any other loopholes?

John Espinosa
John Espinosa
answered on May 27, 2018

What you are talking about is creating a derivative work that you can then copyright. You can only do that if it is not substantially similar to the existing work. What you propose here is not enough to pass that test. Here is a helpful resource from the copyright office so you can see what I mean:... View More

1 Answer | Asked in Trademark and Copyright for South Carolina on
Q: I teach Design at a public school. Students and I produce a lot of work. Can I apply for trademark/copyright for program

I teach Graphic Design. Students and I create/take pictures for school, district and community. I would like to get the students credit for their work. Can I apply for a trademark or copyright that represents the entire program?

Will Blackton
Will Blackton
answered on Jan 27, 2017

For graphic design work, your best bet is to apply for copyright protection under the visual arts category. The application process may be a bit intimidating the first time, but only costs $55 for a standard electronic application. One application can cover thousands of works of UNPUBLISHED work... View More

1 Answer | Asked in Education Law and Copyright for South Carolina on
Q: Could I copyright a charter school curriculum and format?
Will Blackton
Will Blackton
answered on Jan 27, 2017

You could, however, you should be aware that you're only copyrighting the expression of the ideas, not the underlying ideas themselves. Also, 17 U.S.C. Section 110 and the TEACH Act provides some pretty robust defenses for the use of copyrighted material in the realm of education. This may... View More

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