Legal Question in Business Law in California
LLC Liability Protection on previous works
I am an author and have written books, using images from other sources. I am very careful about obtaining consent but am worried about the chance of being sued for copyright infringment. I am considering forming an LLC to protect my personal assets in such a case but am wondering if the LLC would protect me for works I have published BEFORE the formation of the LLC.
3 Answers from Attorneys
Re: LLC Liability Protection on previous works
infringment suit are protected by a copywrite ant a llc --- this is just a legal form of ownership and it would only own the work from the date transfering into it. all previous tax treatments would be based upon the former ownership and who owned the copywrite at that time -- corps, llc, soleproprietorships, partnership, etc are forms of ownership and are established for tax treatments and rights, duites and liabilities regarding ownerships == hope this thlp you understand better --- each has it +s and -s
Re: LLC Liability Protection on previous works
Forming a corporation or an LLC will never protect from actions for which you are personally responsible. It will not shield you from liability for actions occuring prior to the formation either.
If one of your emmployees causes a car accident, the LLC and the employee might be jointly repsonsible and you would not. If YOU caused the accident, the LLC would not protect you becuase you were independently liable.
Re: LLC Liability Protection on previous works
NO. The author is the responsible entity. A corporation would only protect your assets against liablility for the acts of others/employees after the time of formation. Tax treatment is the issue you should base your decision upon.
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