Electra Rail is about to be no more

[Adam1701D]

I have been looking on Companies House at Electra Rail and can see that the accounts are overdue and the company will be struck off the register within two months of April 28th.

Not being a legal eagle, I wonder what would happen to the copyright on the original artworks, which I still retain (most of which are attributed to me, rather than the company).

Kind of sad but at least this two-year mystery of what happened with Electra is coming to a close...

[EtchedPixels]

It depends on the exact terms of whatever agreement you had when you sold or licensed Electra Rail on.

Generally though, if you licensed them then the copyright is still yours and there are just whatever restrictions were in the contract. If you sold them then the rights are no longer yours.

Either way the contractual rights or the copyright end up in awkward places if you are not careful. A company that goes bust it'll end up with the administrator, and whether they can enforce or resell that contract depends how it was worded. If it simply gets struck off then the assets end up owned by the crown - not sure what happens with contract rights.

You can actually buy assets from a struck off company in some cases by applying to the relevant Bona Vacantia department. (Same process as buying land in that state).

Much will depend if you had a decent lawyer draft the original contract. If it's a good lawyer then there will be clauses covering this that revert the rights. If not you are going to need a lawyer to unpick the mess quite probably.

[Malc-c]

Their website T's & C's don't mention their stance over copyright or more importantly intellectual property.  It only states

1.6 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

To me this states that anything provided to them such as artwork, images etc can be used however they want to use them, as if you as the creator has no control of where they end up.

The only thing that would concern me if it were my business is that any artwork submitted is replicating a full size livery that a 3rd party designed and applied to the full size vehicle who would own the copyright / IP of that design.  Thus anyone replicating said livery would need permissions from the originator who came up with the livery.

Again, just my thoughts, I'm no legal expert... you would need a specialist copyright lawyer to confirm where / who owns full copyright.

[Richard Taylor]

Adam
Get a lawyer onto this if it matters to you. Don't ask for business legal or copyright advice on a model railway forum. A little knowledge is a dangerous thing.

Richard

[Malc-c]

Adam
Get a lawyer onto this if it matters to you. Don't ask for business legal or copyright advice on a model railway forum. A little knowledge is a dangerous thing.

Richard

Agree, and a specialist in copyright / IP to boot

[Mr Sprue]

Its no big deal if Electra Rail are struck off companies house as a registered business, unless that is of course they are owing money and the administrators are called in.

However anyone can start up a business using that name but 'Trading As' (T/As) in fact there could be many Electra Rail company names dotted all over the UK, as there is no specific legal limit for T/As names. The only legal requirement is that trademarks from a registered company are not infringed.

@Adam1701D Regarding copyrights to your art work, did you gain any copyright licenses? Knowing you I guess that you would have!