Legal Question in Intellectual Property in New York

Copyright Ownership of Website

In the absence of any written agreement , who owns a website developed and hosted by one entity ? If a disagreement over fees due to the webhost/developer exists , does the latter have the right to shut down the site and refuse to provide a copy of it to its former client so client can go to a new hosting company ?


Asked on 12/19/01, 3:08 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Copyright Ownership of Website

The author of the web site owns the copyright absent an assignment or "work-for-hire" agreement. Definitely a trap for the unwary. And it sounds from your question as though you are finding yourself on the wrong side of the issue.

If you had paid in full for the development work, you could argue that you had thereby acquired the rights, particularly if the code had been delivered to you or a third-party hosting company. However, if you haven't paid, it is much harder to argue that you have acquired any rights from the author.

Clearly not a good situation. You may have to choose between paying the disputed amounts or starting all over with a new Web site developer. In either case, make sure that you get the copyright!

Best wishes,

LDWG

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Answered on 12/19/01, 3:34 pm


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