Breach of contract, website ownership issue

Status
Not open for further replies.

luciusGhost

New Member
This is a very time sensitive issue. Please respond as soon as you can.

I created a website a few years ago and still maintained and owned until last month. The site was for a couple of friends in a band. Last year, this band signed with a manager. In October of this year, the band had issues with their manager holding back money and racking up debt forcing the band to pay. The band broke their contract. The band and management then sign a new agreement with new terms signing over the rights to their music, name, and website.

Here is where it gets tricky. The website in question is currently and has always been owed and in my name since the initial creation. I have also been responsible for virtually all content created or collected in the website lifetime (email address database, pictures, clips, video, even written content - all of which has been used my the management team without my permission, knowledge or credit/attribution). In the last meeting between the two parties, the terms agree again was all content including web. The band members reiterated the all web associated content was in my name and they have no ownership. Effectively, the site was more or less a "fan site." They said they can give the management team and their lawyer my content info and they can deal with me. They lawyer said "that was fine."

Now, the lawyer and management team are threatening to sue for breach of that contract if they don't turn over the website and content even though the band still doesn't have control or vested ownership. And I stressed vested ownership because the band stopped paying for the site a month or two before they signed with the management, and I, being a supporter of the band, kept the site going.

Lastly, I've made no verbal, written and other contract agreement with the management team at anytime. I was not consulted in any way and made aware of the issue after the new contract was signed. At that time, before being made aware, I closed the website for lack of payment and learning through a third-party that the band was no longer together.


So, my questions are these:
Do they, the management team and lawyer, have a case for a breach of contract even though no one has ownership except me?

Can they be held liable for something they don't nor have ever owned?

Do I have to under law give them anything (the management or the band) they haven't paid me for? Effectively vested all this time and labor and not receiving payment for.

If the management wants the domain, is in my right to hold onto the domain or suggest the management team to purchase it from me?

Bottom line, I want to make sure that my friends in the band are protected from breach and any ownership issue, inquiry the management has falls to me.

I know this is a lot of info. Thank you for your time.

This is a very time sensitive issue. Please respond as soon as you can.
 
Do they, the management team and lawyer, have a case for a breach of contract even though no one has ownership except me?

You're not in breach of any contract with the management. You're not party to any contract with them.

Can they be held liable for something they don't nor have ever owned?

By "they", do you mean the band? It sounds to me like they contracted to give management something that was not theirs to give. This might be grounds for management to terminate the contract or seek to renegotiate, and possibly to sue for damages. Hard to say.

Do I have to under law give them anything (the management or the band) they haven't paid me for? Effectively vested all this time and labor and not receiving payment for.

If it's yours, it's yours, and you don't need to give it to the management. But the answer really depends on your arrangement with the band. Conceivably, you might have been an employee of the band and they might have acquired ownership of the website. You might be unlawfully in possession of it. Given the facts you've posted, it doesn't sound like it, but again, its hard to say.

If the management wants the domain, is in my right to hold onto the domain or suggest the management team to purchase it from me?

Certainly.
 
This is a messy issue. It might be easiest with a settlement between the two of you. Without hearing the entire story, e.g. going to a lawyer who can review all the emails, communications, etc., there is little anyone can tell you that will firmly give you answers you can rely upon - even though dee dub's comments are always excellent.
 
Status
Not open for further replies.
Back
Top