Legal Question in Technology Law in Texas

Payment for Services Rendered

I have a small problem. I built a website for a Speedway here locally in NOV. The agreement that I had with the track manager was that I would get as many tickets and whatever acess that I needed to get pictures and information for the drivers. As of last week he (track manager) decided to change the password after I had most of the website open. He is the owner of the domain name and pays for the web hosting. The site has roughly 40 to 50 pages worth of content (estimate). Can I sue for nonpayment of services since it was a oral agreement? Or am I out of luck? If I can sue what can I sue for? What I percive the value of the web page or the amt. of possible tickets that he would give me?


Asked on 12/27/01, 6:15 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Payment for Services Rendered

This is both a breach of contract matter, and a copyright infringement matter. Unless you were an employee or otherwise agreed to a work for hire status for the web pages, you probably own the copyright on the web pages you created. If there is no work for hire agreement, I would suggest you have a copyright lawyer apply for a copyright registration for the web pages you created and then have your copyright lawyer send the track a cease and desist letter. I would suggest having your attorney also file a breach of contract suit. This is one your lawyer may want to leak to the media. You may be in a position to cause the track some substantial problems that may result in you getting justice.

Now, the obvious question is what did you do to trigger your access being cut-off and how does that figure into the matter? If you did something wrong, that may reduce your power in this situation, as the track may determine to just drop your 40 pages and start over with someone they like better. If so, bye bye copyright infringement case. If you did something to justify their action, bye bye contract claim and hello possible countersuit from the track.

You need to talk to an attorney and present the facts and get some advise on where the equities might lie in the situation. Be honest about anything you may have done to precipitate your problems, as otherwise you may get overly optimistic advice.

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Answered on 12/28/01, 1:30 am


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