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South Carolina Copyright Questions & Answers
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... Read 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...
Read more »

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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:... Read 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... Read 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... Read more »

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