Legal Question in Business Law in California

Website creation & usage

I created and maintained a website (meaning wrote the HTML, provided the

majority of the content and graphics) for a nonprofit group which I helped start in

August 1999. Up until 2 months ago I served as Executive Director and Web

Designer. I have received no compensation for this site (I never asked for any either)

nor a receipt for tax purposes. Now after a dispute with the current President and

VP I have decided to leave the group. They are now continuing to use this site

however it has my name as author in the code and they are destroying what I have

done because they have little knowledge of HTML. Is there any way legally that I

can force them to stop using the HTML and graphics I created?


Asked on 6/28/00, 6:23 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Website creation & usage

You have two prior replies indicating that you may have a copyright interest in the website contents notwithstanding that you don't hold a formally-granted copyright and that the corporation "owns" the website itself by virtue of it being registered in its name.

California also has laws respecting the destruction of evidence (which the "other side" may readily do here, perhaps inadvertently) and alteration or destruction of creative works. The latter law is spotty in coverage and unevenly applied, but seems to be gaining force and recognition.

You probably need (at this point) an immediate restraining order -- or at least the threat of one -- to halt erosion and corruption of your creative output. From that point, the course depends upon your wishes and the value of the code you authored. Is the code transportable or valuable elsewhere? Are you harmed more by the loss of the code, etc. or by non-payment, or loss of other expectations? Intellectual-property cases tend to be expensive to bring and maintain.

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Answered on 9/05/00, 8:43 pm
Barry Jorgensen The Law Office of Barry S. Jorgensen

Re: Website creation & usage

Assuming that you had no written statement as to ownership of the site and its code, you may have a legally enforeable right under current copyright law to stop their use of "your" code.

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Answered on 9/05/00, 7:59 pm

Re: Website creation & usage

Yes, you may have copyrights in the work that you created. This may, however, depend upon what you put on the site, i.e., whether it is an original work of authorship or whether you put other people's work on the site.

You can and probably should investigate this further.

I am willing to discuss.

J. Caleb Donner

805-494-6557

LEGAL WARRIORS

www.donnerlaw.com

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Answered on 9/05/00, 8:22 pm


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