cpc

copyright and liability of partners - llp

Asst Taxation

Hi,

Can Copyright be registered in name of LLP? If yes, if some liability arises in future for copyright violation , who will be liable to pay compensation, LLP or partners of LLP?

Pls advice

 
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Hello sir,

Limited Liability Partnerships or LLPs are body corporates and have their own separate legal personality. By having a legal personality, a company or an LLP has the right to sue or be sued in its own name. Therefore, copyrights can also be filed in the name of an LLP.

The Copyright Act does not expressly specify as to who can file an application for the registration of a copyright. However, any legal or natural person can file a copyright under the Act.

In LLPs, the personal assets of the partners are generally protected from liability unless a criminal case is involved. So in case of any liability arising as a result of the copyright, if it is civil in nature, the same will be the liability of the LLP. However, it will also depend on the extent of liability as per the LLP Agreement of each partner. There may be partners in an LLP, who have unlimited liability, in such case, the partner will be personally liable.

Hope this answers your question!

Regards

Vanya Agarwal


Total likes : 1 times

 
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Asst Taxation

Thanks for the explanation Vanya!

Just a further query , Copyright infringment would be criminal or civil in Nature? Also as far as LLP agreement is concerned , can we specifically mention that all partners liability would be limited?(Except if criminal in nature , partners would be liable as mentioned by you)

Regards,

 
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RETIRED JUDICIAL OFFICER

The liability will be on all the active partners/directors of the LLP

 
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I have never understood the essence of copyright. I support authors who write and are professionals in their field. However, I believe that it loses its status after death. It must be this way .. I stopped buying overly expensive books because I realized it was just a copyright fee. I prefer to download books from the internet, browse this site. There are both paid and free books and rightly so. The person must have a choice.

 
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