Re: Re: rights for defunct newspaper?

Good point Mike,

But what if the company just ceased trading and was dissolved with no debts? I think that's when BV applies, However I have also been told that it is the BV department who should sell the assets just after dissolution.

I have contacted them on this and they have said "any assets that are unreleased at the time of a company's dissolution belong to the treasury solicitor's BV dept."
However I have also heard from a litigator that "if the publishers owned those rights these would have been assets of the company upon its dissolution, If the rights were sold off then then you will have to trace the new owners.
If no such arrangements were made it is likely that those assets will rest with the Directors of the publishing company (depending upon the terms of the company set up") I dont get the last part?? So I'm still in the dark.
Who do you think would have the strongest claim to the I.P. copyright assets then?
Would it be the "BV" dept or would it be the former director/shareholder of the company?

Cheers

Jake

P.S. My server was down today so if anyone responded to my query then please could you resend it as I really need the advice. Many Thanks.

• Original Message ----- From: "Mike Holderness" <mch[_at_]cix.compulink.co.uk> To: "CNI-COPYRIGHT -- Copyright & Intellectual Property" <CNI-COPYRIGHT[_at_]cni.org> Sent: Tuesday, March 07, 2006 9:25 PM Subject: [CNI-(C)] Re: rights for defunct newspaper?

> In-Reply-To: <list-13158027[_at_]cni.org>
> "Wallace J.McLean" <ag737[_at_]freenet.carleton.ca> wrote:
>> I am neither a Canadian nor a lawyer, but: it wouldn't be in copyright
> law, it'd be in corporate law.
>
> And how often does bona vacantia get used? In the UK, when a company is
> insolvent a receiver is appointed, with a duty to realise the assets and
> distribute cash among the creditors - so almost always the rights would be
> sold on, unless the receiver were incompetent.
>
> So does _bv_ apply only when a company ceases to file returns, the
> directors cannot be found, and no-one initiates insolvency proceedings?
>
> Mike
>
>
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Received on Wed Mar 08 2006 - 05:15:30 GMT