Legal Question in Technology Law in Michigan

Question of website ownership

I worked for a company doing networking and web site building. Because I liked the work and the knowledge I gained from it, I often worked for the company off the clock. Mostly in regards to the web site I have built. In fact, I've spent literally hundreds of hours of my own time working on this site with my employers full knowledge of my activities.

After a verbal altercation with the CEO on 04-16-02, I abruptly quit my job and walked out. That same morning, before I had come to work, I had basically finished the site I was working on and uploaded it to the server. None of the files that consist of the site were created on company computers or time. My question is, do I have any claim for ownership of the site?

On 04-17-02 I contacted the HR manager by e-mail inquiring about my final paycheck and accrued vacation time. As of yet I have not received a response.

Besides being an idiot for working for free, do I have any leverage in regards to this site?


Asked on 4/18/02, 7:08 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Question of website ownership

This is a copyright work for hire question and a trademark question.

The answer is that probably neither you nor the company has clear claim, but the company has the better claim.

The question of whether or not you were paid is probably relvant to whether or not you were an employee, but you admit you were an employee and the company and you knew you were doing this for them and that this was in the scope of your employment.

The site probably uses the company's logos and trademarks and you cannot use those for someone else or yourself.

If what you are really asking is can you force the company to pay you money for this web site, or threaten them as regards the website in order to get your final paycheck, I doubt it, and I don't recommend it. If you are asking whether you can force them to take the website down or redo it, I doubt it. My suggestion is to tell the company you enjoyed working for them, are disappointed it didn't work and that you would like them to use the website you left. The presence of the website, if it is a good one, will be useful to you in getting a job, I would think. Even if you could bring their site down, why would you when that will make your work product invisible to prospective employers or customers in the vuture.

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Answered on 4/19/02, 12:27 am


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