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Liability in reference to expired corporation

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tony101010

Junior Member
What is the name of your state (only U.S. law)? Florida

I have a url registered for a website under a corporation and my name is listed as the registrar. I am being threatened with a law suit for copyright infringement. The corporation is inactive since 2009. Do I still have protection against personal liabilty? Also would other owners of the corporation be liable or only myself. Thanks in advance for your response.
 


adjusterjack

Senior Member
I am being threatened with a law suit for copyright infringement. The corporation is inactive since 2009. Do I still have protection against personal liabilty?
No.

But you wouldn't be protected by the corporation for your personal acts even if the corporation was still active.

Also would other owners of the corporation be liable or only myself.
Depends.

When did the infringement occur?

Did they participate in the infringement along with you?

Or did you do it all by yourself?
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Florida

I have a url registered for a website under a corporation and my name is listed as the registrar. I am being threatened with a law suit for copyright infringement. The corporation is inactive since 2009. Do I still have protection against personal liabilty? Also would other owners of the corporation be liable or only myself. Thanks in advance for your response.
An inactive corporation can still be sued under its corporate name, as can a dissolved corporation. As an inactive corporation, do you still pay corporate taxes and file annual reports? Are you still paying annually for your website's domain name?

Does the corporation maintain a registered agent to accept legal documents? Did the corporation receive a DMCA takedown notice requesting removal of copyrighted material from the corporation website? What copyrighted material was said to be infringed?

Did the corporation have someone create the website for the corporation? Did you personally create the website and contribute all of its content?

There is a three year statute of limitations for civil copyright infringement lawsuits. A copyright holder cannot file suit more than three years after the discovery of the infringement, or after it reasonably should have been discovered. Seven years after your corporation has become inactive might seem a little late for a copyright holder to discover the infringement and file suit.

Before it can be said if you have any protection against the copyright infringement lawsuit, more needs to be known. A corporate officer can potentially be held personally liable for infringement if the infringement was done knowingly and willfully.


edit to add: Although the following case is from Illinois and not Florida, it should be of interest in that it addresses dissolution of a corporation, copyright infringement, and corporate and individual liability for the infringement. Asher Worldwide Enterprises, LLC v. Housewaresonly.com, Inc, Case No. 1:12-00658 N.D. Ill, August 26, 2013: http://scholar.google.com/scholar_case?case=3305242466576541270&q=Asher+Worldwide+Enterprises,+LLC+v.+Housewaresonly.com,+Inc&hl=en&as_sdt=80000006
 
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