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  1. #1
    Join Date
    Dec 2002
    Location
    UK
    Posts
    838

    * Taking legal action because of not handing over a website

    Hey guys

    Client of mine which is being hosted on our servers runs a recording company signing up artists (singers)

    Now thing is he is De-signing this artist come March..this artist decided that he would like his Brother as his manager instead...instead of the recording company

    The Album produced by the recording company belongs to the Company and they have rights and all

    Now since the artist is not longer going to be under the management of the recording company he is demanding the website as well....so my client (the recording company) said to him that they can buy the domain name + Website for £4000..they refused and said "No we are not gonna pay you instead we gonna take legal action instead because you have our website"

    Now their is no Patents or copyright stuff anything involved with the website now they are thretening legal action cos they dont wanan buy the domain name from my client..although the domain name is registered with my client(recording company)

    Wanted to ask..is there anyway something like this can be taken to the level of legal action initiated? would something like this just be Laughed at or thrown to aside by a lawyer?

    Although this legal stuff will be between my client and the artist.......im certain that it could stem out to the "web hosting company" which is me may end up being involved

    what ya all think!

  2. #2
    Join Date
    Jan 2004
    Location
    North Yorkshire, UK
    Posts
    4,164
    If the recording company paid for the domain, it is theirs, and unless any trademark has been infringed upon, the new management will have no chance of recovery.

    At this stage I would not get involved, and simply refuse to communicate with the new owner, because they are not your customer, be careful you don't violate the DPA.

    Dan
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  3. #3
    Join Date
    Aug 2001
    Location
    Dover, DE
    Posts
    274
    IANAL, anything can go to court, whether you believe there is merit or not. If the website depicts artist works, which includes images, sounds, including a domain name that resembles their name, band name, etc. is potentially troublesome. Take the site offline, talk to an attorney, find out your recourse. Don't be stubborn, be smart and protect your a$$sets.
    New Streamlined Sig---
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  4. #4
    Join Date
    Oct 2002
    Location
    EU - east side
    Posts
    21,920
    Take the site offline, talk to an attorney, find out your recourse.
    Take the site offline? Such a hurtful measure to be taken so hastily? The order is a bit reversed anyway. He should first talk with a lawyer if this becomes his problem. Then, follow the lawyer's advice, which may or may not be to shut down the website.

  5. #5
    I'm pretty sure you are safe, but it couldn't hurt to talk with a lawyer...
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  6. #6
    Join Date
    Dec 2004
    Location
    Toronto
    Posts
    1,100
    I reccomend you leave it alone. If the court drags you into it, just say that legally the website is owned by your client. If the court says otherwise, then you do what they say.
    Rene K.

  7. #7
    Join Date
    Nov 2005
    Location
    New York City
    Posts
    250
    I think that if the Record company invested time, money and effort then the artist should pay for it.

    But that's only to say if the Record company actually did that.

  8. #8
    There is nothing the band can do, if the site is in your name, and you brought it b4 he went with his brother, and also if the bands not a registerd name then they cant do jack

  9. #9
    Join Date
    Aug 2003
    Location
    PA
    Posts
    1,914
    I reccomend you leave it alone. If the court drags you into it, just say that legally the website is owned by your client. If the court says otherwise, then you do what they say.
    I would also have to agree, also as others have stated and as you yourself have noted, this ideally is just between your client and their former artist. As such it doesn't directly involve your hosting company and as such nothing should be done without court order. If said artist comes to you I would simply redirect them to your client for any inquiries or such. Just be sure you do keep any correspondance involved (as such could possibly be submissible as evidence should court action be taken).

    Overall remember these are opinions and suggestions from WHT members. Webhostingtalk is NOT a substitution for legal council, if you need concrete answers seek legal advice.

  10. #10
    As almost all here have said...do nothing unless you get some type of legal notice to do something.

    It's NOT your fight. Simply go on with your life.

  11. #11
    You should not take ANY action until directed by a court order that is valid in your jurisdiction. If you do take any action, you immediately make yourself part of the problem, and can be named in the suit.

    There is a lot of case precident for this kind of thing. I advice that you consult with an attorney in your area....

    Good luck! (And let us know how things turn out.)
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