Q: Hi there, IP copyright dispute, between equal partners in series LLC. Concerns over whom IP Copyright belongs to.
The business (A clothing company) didn't generate any profit and we have agreed to dissolve the series LLC, Web P, social media page etc, but it does leave us with the IP of the designs that we independently created.
Neither of us were paid employees or hired to create our own designs and neither of us signed (what I believe is known as a novation agreement, signing over the copy write to the LLC).
Currently there is a company CC with approximately $5.5K of debt that we agree we jointly owe half of the burden of paying off.
In the future, I would possibly like to utilize my designs (I personally created) for a separate venture (alone) and my business partner wants ALL designs (their's and mine) to never be used again. They believe the designs are not the IP of the Author (me) and are in fact the IP of the Series LLC. The CC debt increases monthly with interest, if ANYONE could PLEASE clarify if the IP belongs to the Author or the LLC, I would GREATLY appreciate it!
A: There are several factors here, and a thorough review of the LLC and Operating Agreement would be needed, as well as a full understanding of exactly how and when each design was created. I’m an IP Attorney, and would be happy to have a free consultation and see how I can help your legal needs. (Or any other qualified IP attorney). But this website provides general advice; not specific advice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.