Copyright Law

[FICBA]

Hi,

I need some advice re: Copyright.

My situation is:-

I host a website which was designed by a friend of the Domain Owner. The said friend wasn't paid for the work and has since fallen out with the Domain Owner.

She is saying that as she owns the "Intellectual Copyright" to the website she is removing her permission for me to publish the Website.

Is this correct???? Where do I stand with this one??

Any help would be appreciated.

Thanks very much in advance

Julian

 

[Antonia @limeone.com]

She will need to prove her rights to the copyright for you to take action on her say so but if she does own it then she can remove her permission for the web site to be published. You should write to both her and your client at this stage.

Your own terms and conditions should cover action to be taken by you where there is an IP dispute and what happens if you suspend the service whilst there is a dispute. If not then you will have to take care in being reasonable to both as if you take the site down without notice it will place you in breach of your contract with your client.

In most cases its a case of prove or assert IP before you host or have a robust dispute suspension of service clause in your T's and C's to cover this.

 

[creospace]

If you're hosting it then I guess you have the upper hand. I bet that terms and conditions are non existent as it's all friends stuff and maybe your cleints friend should just grow up and stop being petty?

 

[FICBA]

Thank you both for your replies.

Creospace is mainly correct, there aren't really many contracts/T's&C's in place - although I am trying to run a professional business/service.

It's all a learning curve, and I shan't make the same mistake twice!!

Thanks again for your help.

Julian

 

[Kaltons Solicitors]

Can you please clarify what the relationship is between you & the domain name owner? Also, was there any agreement with the designer regarding the website creation - for example in email correspondence (presumably there's no more formal contract in existence)? Unless there is evidence to the contrary, she will own the site - the best you can hope for is evidence that there is an implied licence to use it (which will depends on the circumstances and any emails on the subject). Normally, in the absence of something to support a right ongoingly, the owner of the rights has the right to terminate on reasonable notice.

I look forward to learning more from you.

Regards

Maitland Kalton