Pixsy - What can/should I do in this situation?

[rwow449]

Hi,

I've recently had a email/phone call from Pixsy letting me know of a copyright infringement on a website I used to own. Basically, the picture was used on a staging site and mistakenly went live on the main site. It was only temporary, but it still went live and I've gotten a call/email from Pixsy letting me know about this.

It was from 2019, and the business they're approaching has been closed on companies house for over a year now. Is this something I should be concerned about? I run a similar company now and I make 100% sure I own the rights to the images I use, so this isn't a case of me just not wanting to pay photographers, I can completely sympathise with them.

Because the company has now been closed, should I still be concerned about this? I have let them know this, and they have asked for an address for creditors to submit claims etc.

Here is what they requested from me:

1. An executed confirmation of your company's dissolution or executed statement of intent to this effect;
2. the mailing address to which creditors can submit their claims;
3. a list of all necessary information to be included in this claim;
4. a deadline for submitting this claim (with a minimum 120 day period from the day that you tender the executed notice in point 1);
5. a statement that claims made after this period will not be received.

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Does point 4 become mute as it's been over 120 day since the company has been officially closed? Appreciate any advice.

[AndyJ]

Hi and welcome to the forum,

As this is more about company law than it is about copyright, I strongly advise you to consult an insolvency practioner. Unfortunately, we can't provide the sort of advice you need on this forum.

This is because there are too many unknowns, such the manner in which the company was wound up. For instance if it was done under the DS01 system of solvent voluntary liquidation, there should have been a public notice published in the London Gazette informing all potential creditors of the fact the company was being wound up. Normally a strike off using the DS01 system would provide a 2 month period for creditors to lodge a claim, but there are exceptions. What happended to the assets of the company? If the new company effectively took over the assets and goodwill of the old company it may now be liable for any old debts. Alternatively you, asssuning you were a director of the old company, may be personally liable for any debts arising from any illegal activity of the old company, although a court would need to establish that you had sufficient involvement in the act to be a joint tortfeasor.

I raise these points just to demonstrate how complicated this may be and why you need to talk to a solicitor or insolvency practioner. Please don't provide any details here on a public forum, as we don't know if Pixsy monitors the site, and it would be unwise to inadvertently provide them with any information which might encourage them to persist with the claim.