Legal Question in Business Law in Florida

Can an author give selling rights to a corporation or does the corporation need to copyright the text in order to sell it, do all share holders become owners as well as a result of the corporation copyrighting the text?


Asked on 4/26/11, 11:51 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can advise you of the following. An author can give selling rights to a corporation and still retain copyright in the book. It is a good idea to copyright the book immediately by affixing the proper copyright legend. After that, a first sale is deemed a "publication," and a copyright can be filed with the Library of Congress, giving substantial rights and remedies. If the copyright was in the corporation's name, it would be an asset of the corporation. Shareholders, in theory, own all assets of the corporation by virtue of their stock interests. But, at a practical level, assets are rarely distributed to shareholders - usually only if the entity is dissolved. Consult with a good copyright or franchise attorneyfor specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 4/27/11, 5:58 am


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