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Change to Limited to Pursue Claim?

I would like to pursue a matter of copyright infringement but would be facing a big corporation.  I am currently operating as a sole trader.  Would changing to a limited company prior to taking the matter to court offer me any protection if I were to lose and have to pay their legal costs? 

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17th Feb 2011 09:23

Unlikely

 Presumably you hold the copyright so your new company would have no right of action re the infringement.

The cost of pursuing the claim will be high regardless and the big corporation won't worry about whether you're a sole trader or a one man company.  Lawyers will be reluctant to run up high fees for a small company client without getting personal guarantees from the owners.

Mark

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17th Feb 2011 12:54

Small Man v Big Corp

Thanks for your reply.  The copyright infringement is in a very contentious matter but one I feel very strongly about.  There is a highly specialised and knowledgeable barrister who takes conditional fee cases I would like to approach in view of past cases he has dealt with - potentially this is a very big case in terms of damages so if he feels he can present the case the rewards would be there for him - but I can't risk my family's roof to try and bring it and we would be up against the very best corporate lawyers.  Any suggestions other than 'forget about it', which I have tried and tried to do, would be much appreciated.

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17th Feb 2011 14:51

Assign copyright?

Presumably it would be possible to assign the copyright to a company, which would then be pursuing the copyright on its own behalf. I can't think of any immediate reason why this wouldn't be effective.

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