Results 1 to 11 of 11
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02-17-2006, 08:31 PM #1Web Hosting Master
- 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!
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02-17-2006, 08:51 PM #2Managed Hosting Expert
- 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.
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02-17-2006, 09:00 PM #3Web Hosting Guru
- 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---
me, myself and I
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02-17-2006, 09:44 PM #4Retired Moderator
- Join Date
- Oct 2002
- Location
- EU - east side
- Posts
- 21,920
Take the site offline, talk to an attorney, find out your recourse.
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02-17-2006, 11:51 PM #5Web Hosting Guru
- Join Date
- Nov 2004
- Posts
- 334
I'm pretty sure you are safe, but it couldn't hurt to talk with a lawyer...
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02-18-2006, 12:04 AM #6Web Hosting Master
- 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.
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02-18-2006, 12:11 AM #7Web Hosting Guru
- 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.
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02-18-2006, 02:09 AM #8New Member
- Join Date
- Feb 2006
- Posts
- 4
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
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02-18-2006, 03:30 AM #9Retired Moderator
- 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.
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.
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02-19-2006, 02:21 AM #10Senior Tech Consultant
- Join Date
- Jul 2002
- Posts
- 1,527
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.
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02-19-2006, 06:34 PM #11Mr. Awesome
- Join Date
- Jul 2002
- Posts
- 6,347
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....
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