Legal Question in Business Law in Louisiana

Web Site Ownership

I volunteered to design and maintain a web site for my employer. The 50+ web site pages and all graphics was written and designed in my home during non-working hours over a two year period. As I volunteered to create the web site in my off-hours, I was never compensated for the work on this project, nor ever asked for compensation.

Upon recently leaving this employer, I was informed by same that the web site contents was the property of the employer.

How could the employer now legally own my work?

Thank you for your answer.


Asked on 6/04/01, 9:50 am

1 Answer from Attorneys

Richard Lemmler, Jr. R.P. Lemmler, Jr., Attorney At Law

Re: Web Site Ownership

Did you work on the site and contents using a computer that belonged to the employer (i.e., notebook or desktop taken home for that purpose or for other work)? By "volunteering", it could also be argued that your presentation of this product to your employer and/or its installation on the company site was a "gift" or "donation" of your time and efforts to the employer--especially in light of the fact that you indicate that you "asked for no compensation". These might be some of the legal arguments your employer will use.

Now, it could also be argued, if you used your own home computer rather than the employer's hardware and/or software, that you never intended to donate this work product to your employer and expected to be compensated for it at its completion (is this really true??) OR, alternatively, that since your employer has benefitted so greatly from its use/installation, you should be reimbursed or paid for its value to the employer. Chances are, if you did not have a contract for payment for this work or an agreement that you would be paid for it or a copyright of your work product before you turned it over to your employer, you may have "relinquished" any rights to it or to be compensated for your "volunteer" efforts.

These are only a few general observations and are NOT meant to be taken as legal advice or relied upon as a legal opinion. You should consult an attorney and provide full details and information before deciding upon a course of action for this problem.

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Answered on 6/28/01, 2:25 pm


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