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Kentucky Copyright Questions & Answers
1 Answer | Asked in Copyright and Education Law for Kentucky on
Q: Can I scan a book and share with my students virtually?

I'm an educator, and I have purchased a class set of books for the year. Due to COVID, we had to go virtual. Am I able to scan the book and share exclusively with my class? There is no digital copy for purchase.

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 10, 2021

Ask the publisher

They may be able to grant you a license, or offer a cheap royalty

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: I'm wanting to publish a book of emails publication statements from the attorney general's media team. Can I do this?

I'm on the email list of a state attorney general and after his term(s), I want to put a book together consisting of email blasts sent from the AG's office. Can I do this since they might be considered public domain? I do admire the AG and would be putting out positive content, shall I... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 25, 2021

Maybe. Consult with an attorney.

You are correct that the information is in essence public domain, but there may be some quirks to pay attention to

2 Answers | Asked in Copyright and Intellectual Property for Kentucky on
Q: Is it legal to use pictures found online for private use?

My family and I play dnd as a small group. Is it legal for us to use images from google as tokens for our characters?

The tokens do not get distributed and the images are only seen by us.

Would this qualify as fair use or would we need to seek permission to use the pictures.

Steve Charles Vondran
Steve Charles Vondran answered on Jan 8, 2021

This is a very important question. Before you invest in creating products or services using images found online, it is important to know who the "rights holder" is (the person who owns the legal rights to the photograph).

In some cases, a photo may be in the public domain, but...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kentucky on
Q: Can I patent a specific type of credit card?
Peter D. Mlynek
Peter D. Mlynek answered on Nov 23, 2020

Yes, you should be able to do that.

The technology with credit cards has evolved by using raised numbers, then magnetic strips, then chips, so if you come up with yet another advance in technology, you should be able to get a patent on that.

Or if you make a credit card that is...
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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can I use footage of the Breeders' Cup (broadcasted by NBC Sports) in a YouTube video of my own?

I intend on editing (adding text and additional imagery) the original footage as well. I have seen other YouTube channels get away with using NBC Sports' footage by simply giving them credit.

John B. Hudak
John B. Hudak answered on Jun 24, 2020

Copyright generally gives of the owner of the work the exclusive right to copy and display the work. This means the owner is the only one allowed to copy or display … plus other rights. There are exceptions – one being fair use. Review the fair use factors on the copyright.gov website at:... Read more »

1 Answer | Asked in Contracts, Copyright, Products Liability and Patents (Intellectual Property) for Kentucky on
Q: I'm buying an app for my business from India. I am in the US and need to protect my investment. How do I best proceed?

The developer is in India and has the ready-made app that I need to run my business. Developer is offering to sell me a license to use the app since I do not have the money to buy the app outright. However, I am concerned about paying for use of the app only and end up in a situation where the app... Read more »

John B. Hudak
John B. Hudak answered on May 26, 2020

The advice you are asking for might be too complicated to answer on a message board here. And, if it is a major business decision it should be done with the proper due diligence.

A potential tactic that can be used is ask the person you are buying the license from if they have a standard...
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2 Answers | Asked in Copyright and Criminal Law for Kentucky on
Q: If I sold nude photos (over 18) to someone, and the photos are under no copyright, are they legally able to sell them?

I did not give consent for selling

Barbara Berschler
Barbara Berschler answered on Apr 15, 2020

For the most part, copyright exclusive rights attach immediately when you take the photograph. If you took the photo originally and did not take a photo of someone else's photo, then you own the copyright rights in that picture. That does not mean you can distribute the photograph of the... Read more »

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1 Answer | Asked in Copyright for Kentucky on
Q: I have copyrighted 50+ medical, healthcare and hospital actual COUPONS for No Medical or reduced Deductibles, No Copays

and no Out of Network fees that consumer can cut out, download or scan a barcode etc. to receive discounts and reduced medical bills.

Could anybody else make a medical coupon similar to mine?

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 26, 2020

Yes.

Variations of the same theme can be made.

Copyright is about the copying of the product. Not the production of similar products.

There are a lot of furniture designs copyrights and photos.

What it prevents is somebody taking your work and making a copy of it for...
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1 Answer | Asked in Copyright and Trademark for Kentucky on
Q: HOW DO I GO ABOUT BUYING AN OLD TRADEMARKED BRAND LOGO OR RIGHTS TO IT?
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 6, 2019

If it is still in use and with valid registration you can contact the person who holds the registration.

You have the challenge of what the value.

If the trademark is not registered, you may have other options.

Consult an attorney and let me know if I can help.

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Kentucky on
Q: If the use of "Starving Artist" is displayed differently such as using it on a logo does that still mean its protected?
Peter D. Mlynek
Peter D. Mlynek answered on Feb 19, 2018

It depends on what is trademarked. It could be the logo, it could be the stylized lettering, or it could be the text itself. You, or your trademark lawyer, should be able to find out upon examining the Trademark Office files.

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: If I pay someone for art of my already copyrighted character, is it copyrighted to me or both of us?

So I have a question regarding copyrighting a work of art of a copyrighted character I own/created. If I created a character that I already got copyrighted by the US copyright office, and paid someone for art of that character and want to include it on my already existing copyright of that... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Mar 10, 2017

It would be preferable to have a formal "work for hire" contract with the artist, but since you purchased the work the presumption is that it conveyed with all property rights, especially as it is of your character.

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Question on character / species design copyright

We asked an artist who was a friend to help w/ art for a char of a fake species we're designing. My bestie offered to do an art trade for the art. Since the artist was a friend of ours she offered to just do the art for free instead. Her, my BF and bestie all collab'd on the art. He had a... Read more »

Will Blackton
Will Blackton answered on Feb 9, 2017

You haven't asked a question, but I assume you'd like to know whether your friend can post this work online and would like to know who owns the work.

17 USC 101 defines a "joint work" as a "work prepared by two or more authors with the intention that their...
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