Legal Question in Technology Law in New York
web page ownership
I own a web site that I maintain for a cheerleading program that I am a volunteer coach for. The school is attempting to tell me what I can and cannot post on my site. I am not paid by the school or a school employee. I purchased the site and the domain name with my own money and maintain it as a personal citizen. I maintain no connection with the school administration other than as a volunteer coach. Can they tell me what to put on my site? Do I have to oblige any requests they make if I don't wish?
2 Answers from Attorneys
Re: web page ownership
This is an interesting problem. The school presumably has the ability to terminate your coaching position even though you are a volunteer [I am assuming there is some connection between the school and the program you are helping out with]. Generally this is a non-reviewable judgment call on their part. However, if they specifically threaten or actually do terminate you because of what you post on your site, there could be a free speech issue involved. It would help at that point to know exactly what they object to on the site, or whether they are seeking some sort of prior approval right.
Re: web page ownership
I would like to know more about the particular content the school is objecting to before attemtping to answer. Also, what kind of school are we talking about here? Highschool or college? Public or private? The school may have a valid objection if your web site suggests (or can be construed as suggesting) an affiliation with the school. This may be especially true if the school is engaged in any commerce involving its name, team names, mascots, etc. The best solution here may be a written agreement between you and the school setting forth guidelines for your web site's content (and, if necessary, containing appropriate trademark licenses from the school to you). Although it may seem that such an agreement would be an unfair limitation on what you can and can't do with your own web site, it can actually afford you a great deal of legal protection in the long run.