I am a Navy veteran, pre-Vietnam days, and a couple of years ago organized a reunion for former ship crewmembers. During the early part of that process I decided to create a web presence for the ship since none was in existence. This was done for personal intent and reasons; namely, to advertise the upcoming reunion in hopes of generating interest ... since at that time I was the 'guarantor' of the reunion process at a major Nevada casino in Reno.

This would be done by referring to the url and inviting the fellows to go there for details as needed. Plus I had posted other historical data on the ship; which was decomissioned in 1972 and sold to the Brazilian Navy. I paid for the regisration with personal funds; and had a web design company owned by my daughter create the pages, etc.. Her fee incidentally was ultimately paid from reunion excess funds; whereas, I never requested nor got reimbursed for my purchase of the url.

There has now arisen a dispute between me, the daughter and individuals now conducting reunions. These individuals (... an association was formed AFTER the url and web site were purchased/generated) ... insist that I turn over the url (to the association), and that the web mistress turn over her copyrights (for design and creative processes) , to them. I have repeatedly informed them that the url was my personal purchase and would not comply with their demand. Also they have been informed to contact the web mistress with their request for the actual content; and that she 'might' consider release of the (everday common) data posted thereon.

Am I within my rights to refuse the release of the url; and is the web mistress within her rights to hold onto the creation of the various pages under her copyright claim pending them contacting her?

Thank you.

Chuck Timmerman
Yerington, Nevada

http://www.internet-law-library.com/

Might want to check out this link.

If they paid her for her services ( IE the money came out of their pockets ) then in a way they do have the rights to make such a demand. But of course this can vary depending on what kind of contract was written up between the client and the artist. I know with Photography the photographer has all rights to the photos, and if the client wants the rights they usually have to get this in writting. Of course a contract can change this. IE most large companys ( maxim, maverick Illustrated, FHM, Playboy ) will hire a photographer to do a shoot, but in the contract the company will own the rights to the photos, the photographer will own nothing ( just gets paid a fee for their work ). If this company has paid your daughter for her work, and are willing to reimburse you for the domain, I would just let them have it. If they haven't paid for anything, I would refuse. The only time when I refused to let the client have my source files was when they still owed me money for the work. Else I let them have the sources files.

From my understanding of what has happened, and I've reread your post multiple times just to be sure. You paid for the URL with personal funds, and you are entitled to a reimbursement but whether or not you HAVE to give up the URL depends. IF the association is a trade marked name and your URL name misleads the general public. My guess is that the association is not trade marked yet and thus they have no claim on your URL.

As for the website content is there an original contract? and when you say that reunion funds were used, describe where these funds came from? donations? other members? or just your self? It might help if you described the leadership and source of funding for the first reunion.

If it was yourself and other members that funded the first reunion I would try working out a deal with the new association leadership of buying the web content for the original price paid, and reimbursing everyone who originally donated to the cause.

Without more information I don't believe I can be of much more help, this area of law has ALOT of gray areas...