Legal Question in Intellectual Property in Kentucky

Domain Ownership

I volunteered to do a website for a non-profit, government ran tourist attraction, for which I never took payment. I paid and registered the domain myself. We never signed anything on paper, but verbally their minutes reflect that I was ''given the authority'' to register the domain. The domain itself does not reflect upon the name of the organization, but is a very generalized domain name which does not infringe on any copyrights.

Now as I renewed the domain for a third year, they wish to change webmasters. I explained to them that I owned the domain and it would not be handed to a new designer. I was told that I was ''acting as an agent'' for them when I registered the domain, and that it belonged to them.

However one year ago, it was explained to them that I owned the domain and it is reflected in their minutes that they understood but wanted to change this. We never made that change, and now I don't plan to unless I am required to by law.

Any opinions?


Asked on 5/24/07, 12:50 pm

3 Answers from Attorneys

Johm Smith tom's

Re: Domain Ownership

From your facts, you do own the domain. I know domain law and can assist you in this matter. Contact me directly if you want to know more.

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Answered on 5/24/07, 1:15 pm
Regina Mullen Legal Data Services, PLC

Re: Domain Ownership

My vote is that you are NOT entitled to keep the domain name. Both sides erred (especially this long into the Internet history) in not getting a written contract, but the equity should fall ont eh side of thte non-profit organization.

Why? Because the minutes clearly reflect that you registered the domain name FOR the organization. They gave you permission and that's what you did. They relied upon that ownership interest for 2 years in allowing you to manage their website.

Now that they want to change management, you want to take all that work and keep them from the benefit of their domain name. Sure, they could change it, but why should they when everyone (including you) operated on the basis that the website and property located there was for them.

No promises, but if they took it to arbitration, chances are you would get the value of the registrations returned to you, but they would keep the domain name.

This is an excellent opportunity to introduce mediation, because something can be worked out for both sides. The relationship obviously soured and both sides need to be heard, yet there is a single resource that both sides can't have. If you can't negotiate it, then either side has to give something up, and in that event, no one is going to be happy and a 2-year relationship would have been trashed.

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Answered on 5/24/07, 1:19 pm

Re: Domain Ownership

Yes. Minutes reflect that you have owned the domain but you have no authenticate paper. On the basis of reflection in minutes you can avail to earn the power as the domain owner though it is very critical.

Total and/or complete opinion should be possible to give if you contact personaly in our E-mail: [email protected] and [email protected]

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Answered on 5/24/07, 1:27 pm


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