internet site copyrights

[wanna]

What is the name of your state? kansas
bandmember who was co-webmaster for band site quit band and now says we have to delete the website because of his copyrights. is this true?

 

[divgradcurl]

What does "co-webmaster" mean? Who owns the copyright is going to depend on who created the materials; if both "co-webmasters" collaborated on the materials, then they both own a copyright to the work, and either of them can display the work without the other's permission.

 

[wanna]

There were 2 people working on the website. My husband owns the site (per our server) and the site was online prior to this individual joining the band. He offered to help with the site and became the majority webmaster due to my time constraints. The main subject of question right now is: the band's logo. I designed it, the band bought it from me and he then modified it. Who owns the logo and graphics on the website?

 

[divgradcurl]

Tough question.

The band originally owned the logo, but then the question would be is the extra work done by the ex-band member a "work for hire?" Almost certainly the band members are not "employees," as defined under relevant state laws, of the band; however, an argument could be made that the work done by the ex-band member was done as part of a collaborative work, in which case the work WOULD belong to the band under the "work for hire" doctrine.

You would need to talk with a lawyer experienced in copyright laws to get a more definitive answer; a lawyer would want to see ALL of the relevant evidence. There really isn't a cut-and-dried answer based on the facts as given -- you really need to consider ALL of the facts to figure out what the ownership situation really is.

In this case, however, you might want to simply ignore the ex-band member and wait to see what -- if anything -- he might try and do. If he does something to impact the band, THEN spend the money on a lawyer.

 

[wanna]

The ex-band member has threatened seeking a lawyer several times and says that we've had our last warning. He continues to send emails to us and to our server. He has also sent an email to a company that has a model of their product with the same initials that the band goes by. Telling them that we are in breech of their trademark. It is the initials of the band and not the full name. Our logo does include the initials but it is not the name of the band. We are now, not answering any of his emails and are awaiting any action or fallout from his actions. We do appreciate any and all advise. Thank You!

 

[divgradcurl]

"Threatened seeking a lawyer" and actually hiring a lawyer and filing a lawsuit are two entirely different things. You may just want to call his bluff.

If you haven't registered a copyright with the copyright office, you might want to do so now -- if the copyright office does issue you a copyright, that makes his burden of proving that he has some ownership in the copyright a lot higher. You can go to the copyright office webpage to get info on registering a copyright; however, since the actual ownership is somewhat in question, it may be worthwhile to speak with an attorney on this matter.

BTW, registration is important for another reason -- HE would have to register the copyright in order to pursue an action for copyright infringement anyway. Beat him to the punch if you can...