Greetings. My question is about liability as an LLC owner in terms of copyright infringement.
I'm trying to learn if one would create a single member LLC that, for example - would be sued for copyright infringement for using a copyrighted image in a web publication, is the owner of the LCC personally liable in any way?
Thanks for any responses
2 Answers from Attorneys
If the owner of the LLC contributed to the infringement -- ie chose the image to be posted, authorized its posting, participated in its posting, then yes, the owner would have exposure. This follows the general rule that a person is liable for the torts he personally commits or in whose commission he participates.
Whoa; I'm not so certain this is correct. It is entirely possible that a properly-capitalized and operated LLC would shield the owner from personal liability. That's what the first "L" in LLC is supposed to mean. Of course, many single-member LLCs are thinly capitalized and sloppily operated, so that the "LLC veil" can be pierced in court.