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North Carolina Copyright Questions & Answers
1 Answer | Asked in Copyright for North Carolina on
Q: Can you copyright a children book in another name but still be paid a check in real name by store owner?

Rough background and other family members wants privacy.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 17, 2022

The short answer is YES. It is perfectly fine and common for authors to be identified by pseudonyms (for instance, Dr. Seuss was actually Theodor Seuss Geisel). The copyright in the book by a pseudonymous author is registered in the author's real name, and legal transactions such as... Read more »

1 Answer | Asked in Copyright for North Carolina on
Q: If I create a logo with a crown similar but not the same as Funko will there be any legal problems?

I want to create a logo with my name and a crown

David Allan King
David Allan King
answered on Oct 28, 2021

Funko does not have a monopoly over the concept of a crown. However, you may have problems if your crown is similar enough to create confusion in the marketplace as to whether you are affiliated with Funko or if it looks like a copy/paste of their art. Merely re-creating, rather than copy/pasting,... Read more »

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: Can I print url's of commercial web pages in a book without permission?

I am preparing a manuscript for a commercially available book. I want to print url's of articles published on commercial sites to provide background reading for the reader. Are url's copyrighted? Can I use them without permission? Also, are the titles of such articles copyrighted? If... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 10, 2021

Good question. You should consult with an attorney on this.

A URL is like the title of a book or article, so it may fall under fair use.

2 Answers | Asked in Bankruptcy, Contracts, Copyright and Estate Planning for North Carolina on
Q: How do I obtain info about my sole proprietorship
Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 19, 2021

This is a hard question to understand. Do you currently have a sole proprietorship? Or will it be a new one? Nothing is required to establish a sole proprietorship. Your income is reported on Form 1040, Schedule C or C-EZ. You should be running all income through a separate bank account to... Read more »

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1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: I have a design I would like to know if it passes the guidelines not to infringe on this trademark.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 7, 2021

Consult with an attorney so she can do proper searches and give you a risk assesment.

1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: Can I use the phrase "I Spy" in a book title?

I see hundreds of books from various authors with that title on Amazon.

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 31, 2021

No

Consult with an attorney to understand your options and risks

1 Answer | Asked in Copyright for North Carolina on
Q: Can I use a word in a different font and design even though it's trademarked already?
Evelyn Suero
Evelyn Suero
answered on Apr 9, 2021

It may be deemed infringement to use a trademark that is confusingly similar to another trademark that is in use for the same class/category of goods or services. There may not be an issue, however, if the trademarks are used for completely different goods or services when there is no likelihood of... Read more »

1 Answer | Asked in Copyright for North Carolina on
Q: Copyright and Public Domain

Hello,

I would like to use personal letters, purchased by me at an auction, in a book. People who wrote these letters passed away and 70 years have lapsed after their death. Many of the letters were written in the late 1800s. Are these letters in Public Domain? Am I allowed to use them in... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 26, 2021

You should always consult an attorney and this is not legal advice nor forms any attorney client relationship

IF you own the original manuscripts of a work, and the copyright period has expired and nobody else can make a claim to it, most likely you are the owner of it and can do what you...
Read more »

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: If I signed something with a publisher, agreeing to give them the copyright for my book, but they never registered it...

Could I potentially register the copyright and own it, despite what I signed? No copyright claim was ever filed for this book

Timothy John Billick
PREMIUM
Timothy John Billick
answered on Oct 22, 2020

This is impossible to answer without seeing the contract. If the other party had an obligation to register the copyrights, then perhaps. But it's more likely you already assigned away your rights to the book. Please have an IP attorney read your contract.

1 Answer | Asked in Copyright for North Carolina on
Q: My sister died, without a will, I am her next of kin. How do I acquire the copyrights she had?

She lived and died in MD however she was living in CA when she had materials copyrighted.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 6, 2020

The estate will likely be handled in CA and you should post your question there rather than under the NC section of this site.

2 Answers | Asked in Consumer Law, Copyright and Civil Rights for North Carolina on
Q: How can I find opinions of Amy Coney Barrett
Tim Akpinar
Tim Akpinar
answered on Sep 26, 2020

The Supreme Court's blog has a new page that summarizes her career highlights, and it mentions several cases. Here is the link:

https://www.scotusblog.com/2018/07/potential-nominee-profile-amy-coney-barrett/

Good luck

Tim Akpinar

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3 Answers | Asked in Copyright and Trademark for North Carolina on
Q: Is "Financing The American Dream" Trademarked or Copyrighted by anyone? My company is interested in using it as a taglin
Joanne Belasco
Joanne Belasco
answered on Aug 6, 2020

It sounds like you want to use it with your brand. If that is the case, then it would be a trademark. It's best to hire a trademark attorney to do a comprehensive search. While that slogan may not be trademarked, there may be one that is so close to it that it causes confusion in the... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: What do I need to do to collect fines from songs that I wrote that was illegally published?
Jason Brooks
Jason Brooks
answered on Jul 27, 2020

You have rights but your damages depend on whether you registered the songs with the US Copyright office prior to their unauthorized publication. In any event, a cease and desist letter and demand for damages will Be your First course of action. If you would like assistance with this feel free to... Read more »

1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: Can someone use a trademarked word in part or in a different way. For example, Mordor is a fictional place in

Lord of the rings series. Could I create a business with the name Mordor Entertainement? Or part of a name that is tradmarked? Thorin Oakenshield is trademarked, could I use Oakenshield Entertainment?

John B. Hudak
John B. Hudak
answered on Jun 17, 2020

One can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer, that both marks are indicating a common source of the goods/services.

This answer...
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2 Answers | Asked in Copyright for North Carolina on
Q: I am currently writing a book that I intend to turn into a tv series. If I write up a proposal, can I copyright the idea
Evelyn Suero
Evelyn Suero
answered on Jun 9, 2020

Generally speaking, copyright does not protect an idea, it protects the expression of the idea in a tangible medium. For example, a published book or written story would be protected by copyright but not the idea for the story.

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1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for North Carolina on
Q: Is it legal for me to use another company's logo on my ad/website?

I am taking multiple part-like products from several companies and combining them to make my own final product. Is it ok for those company logos to show on my website and in my ads?

Evelyn Suero
Evelyn Suero
answered on Jun 3, 2020

Using another company's logo may expose you to a claim of infringement, since it may cause customer confusion regarding the source of your products. It may also create the impression that the brand is either affiliated with your company or endorses your company. If you need to mention the... Read more »

1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: I wanted to create some black lives matters merch and donate some to the cause once I reached a certain amount...

I wanted to make sure by doing this, I'm not infringing

Barbara Berschler
Barbara Berschler
answered on Jun 2, 2020

I believe there is an official "Black Lives Matter" group. See: https://blacklivesmatter.com/contact/ There are also a number of applications pending with the USPTO that could be relevant. Check with the BLM group about the best way to proceed with your idea.

1 Answer | Asked in Copyright for North Carolina on
Q: I create a lamp that has the shape of a MacBook and has a logo that slightly differs than Apple's. Is this infringement?

Clearly Apple is not in the business of creating furniture such as lamps. So would I be safe?

David Allan King
David Allan King
answered on May 18, 2020

The key standard for trademark law is the likelihood that consumers will be confused about who the product is coming from. Often, multiple companies with the same name can coexist because they are in different sectors. In other words, people aren't likely to think Apple got into the business... Read more »

1 Answer | Asked in Copyright for North Carolina on
Q: In NC, does the company own copyright of creative works if no contract was agreed upon?

I worked as a 1099 Photographer with no contract or agreement for a company in NC. I was wrongfully let go (They are now claiming was a mistake), but my images are still being used for marketing and promotions even after I asked for a cease and desist. After a long wait, the companies legal... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 2, 2020

It is possible their response is a canned one and uses the term employee.

It is similar rule with contractors involved in creative work

you should contact a local attorney who is familiar with the local regulations

in general the work done for pay tends to be owned by the...
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1 Answer | Asked in Trademark and Copyright for North Carolina on
Q: Need to protect something that is printed on a tshirt (graphic w/ text) using trademark or copywrite law. Can you help?

trademark and copyright knowledge needed

Jason Brooks
Jason Brooks
answered on Nov 26, 2019

If you're merely trying to protect the design on the shirt, then you'll want to register it for copyright with the US Copyright office. If however, the design is actually the name of your brand, then you'll want to register that brand name for trademark.

Note that word...
Read more »

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