copyright under personal name or business name

[mc99093]

What is the name of your state (only U.S. law)?MO
I have a single member LLC.

I want to know if it's better to copyright under your personal name or business name? Is one better over the other?

thanks.

 

[quincy]

The "preview post" feature on this site does not always work properly - instead of the post appearing when you submit it, the post is deleted. I have no idea why.

You can re-post your question by using the "edit post" feature (this one works ), or you can "reply."

Please be sure to include the name of your state in your post.

Thanks.

 

[quincy]

What is the name of your state (only U.S. law)?MO
I have a single member LLC.

I want to know if it's better to copyright under your personal name or business name? Is one better over the other?

thanks.

One is not necessarily better than the other in general, but one might be better than the other for you. I just can't tell you which one.

With your LLC, all legal liabilities of your business will fall on your business. Your personal assets are (for the most part) protected from any debts of the business. If you as author transfer* your copyrights to the business, the copyrighted works become the property of, and an asset of, the business. The IP rights can then become a part of any business sale (or bankruptcy proceeding).

You have the option of registering your copyrighted works in your name and retaining all control over the rights, including the ability to license rights to the business. You also have the option of transferring all of your rights in the copyrighted works to the business and letting the business register the copyrighted works in its name. This allows the business the right to do with the works what it will. You, essentially, remain in control of the works held by the business as long as you own and operate the business.

What is needed is a review of your business structure and financial picture, and your own personal finances. There can be tax implications that need to be considered. There should be a compare and contrast.

I suggest that you sit down with a business professional in your area - one with a working knowledge of intellectual property - and see what makes the most sense for you and your business, given the results of the financial review.




*Information on copyright transfers is available in the Copyright Office's Circular 12: http://www.copyright.gov/circs/index.html#fl