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Website ownership - advices please

Blogs > dravernor
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dravernor
Profile Blog Joined May 2013
Netherlands6191 Posts
Last Edited: 2014-10-20 19:01:48
October 20 2014 18:56 GMT
#1
Hello dear friends of TLnet, experts on all matters legal and illegal, political, economic and gaming related, denizens of the interwebs and professionals of typing.

Tonight I am writing a blog seeking advice.
My father co-owned a company with a bit of a douchebag guy whom we will call Charles Murphy*. Mr Murphy offered my dad a partnership in the company when we moved town, and they made Teak furniture (mostly, some Pine, some Rosewood) together.
When he joined it was on the premise that the company was failing with the awful economy at the time, and CM was going to retire soon. But upon my dad's joining, the company picked up - the workers were properly assigned and monitored, new machinery was bought to make the production process smoother and faster, paperwork was done, money was accounted for. CM decided to stay on, indefinitely. But he didn't bring in any new customers, he didn't work more than half the day, he didn't chase money or involve himself in the running of the factory. In fact, from what I have heard, he spent more time holidaying with his wife out on the lake and visiting their son in Brazil than in the factory.

For some unknown reason (probably his generation) he didn't want to create a website or Facebook page for their company. My mother set up a Facebook page on the quiet, and started promoting it. It picked up a surprising amount of business and my father used this argument in favour of creating a webpage. CM gave in and agreed, and the company paid my mother $400 to set up a web page of their furniture. My mother is by no means a professional web designer, but she took time out of her day to learn to create a free WYSIWYG type website in which she uploaded her own photos of the furniture. She maintained the website herself, updating the images and pricing and descriptions etc. She was never paid for the maintenance of the website.

Anyhow, relations continued to deteriorate between my father and CM and to cut a long story short, they eventually split, sharing the money and assets 50:50. This happened just over a month and a half ago, and my dad started work at his new company. Tonight at the dinner table we discussed the website, as apparently CM had messaged my dad asking for the login details for the website. My father feels that since the company paid for the website it should remain in possession of the company. My mother feels that she should retain control over it as all the work on it is hers and she was never paid a maintenance fee. I think I agree with my father on this, and if anything my mother should just create a watermark on my father's more prominent pieces of furniture, or remove them from the site completely.
At my work I manage the company website - but since ours was built from scratch and we pay a monthly fee to the developer and server host, I only have limited access to it. I am not sure where my mother stands here legally. I feel like it was a company decision to not pay her a maintenance fee and her own fault she lost out on agreeing to those terms. But since there was no legal contract drawn up and I don't want my mother to lose out, I can sympathize with her point of view.

So, dear TL friends. What do. What advice do I give my mother here?

*names have been changed, any resemblance to persons living or nuked is entirely accidental.

****
<3
GeckoXp
Profile Blog Joined June 2013
Germany2016 Posts
Last Edited: 2014-10-20 19:58:19
October 20 2014 19:25 GMT
#2
edit:

did for some reason read she was not paid to code the page, which makes all my argument kind of stupid. No, theoretically, she has to hand over the password imo. She could still ask for money, claiming she maintained it and wasn't paid for the extra work. She should do that and see where it gets her.
JackDragon
Profile Joined February 2011
525 Posts
October 20 2014 19:46 GMT
#3
Depends on the where you live. I am fairly sure that in Sweden this would count as a commission, since the company paid your mother to make the home site, and because of that the site is rightfully theirs to use how they see fit. Now if she is in charge of hosting the website and owns the server she can of course shut it down and stop the hosting. The company does also own the domain. Again Swedish laws, so don't know if this would actually help.
Onekobold
Profile Blog Joined October 2013
244 Posts
October 20 2014 21:31 GMT
#4
--- Nuked ---
FFGenerations
Profile Blog Joined April 2011
7088 Posts
Last Edited: 2014-10-21 10:23:00
October 21 2014 10:22 GMT
#5
if you no longer have the business then just give him the website if it will stop trouble. what do u need it for? its a fucking website for a dead company???

on the other hand if he is unable to cause trouble for you then tell him to fuck off.

you probably dont know what the consequences of each action are and your mother probably doesnt care to make a rational decision. let your dad handle it
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dravernor
Profile Blog Joined May 2013
Netherlands6191 Posts
October 21 2014 11:09 GMT
#6
Oh, sorry, I didn't clarify. The comapny split but CM stayed on and managed it on his own. He just had a stroke though so my dad is feeling sympathetic
<3
FFW_Rude
Profile Blog Joined November 2010
France10201 Posts
October 21 2014 13:34 GMT
#7
Well it's company work drav so .... if it's billed and declared properly as "company work", then the webpage is to the company. Although if the domain name is yours, you can send them the HTML/PHP pages but not the domain (if they never paid for it / rent it) but i would assume you would get legaly killed it case of a law suit (but unsure i'm no expert).

If it's some undeclared work... then it gets complicated. Depending on the legislation of your country (South Africa if i recall ?). But i would assume that if it's undeclared then you can "pressure the guy" saying that you will tell this is undeclared work, but if i'm not mistaken it's not a good idea since your mother worked undeclared.

Clarification needed

- The company paid your mother but was it official (billing paper, tax declared etc...)
- Did you have something to gain to obtain the website back ? Or it's just to fuck them ?
- Does she own the domain name ? If so, was she paid to rent it or just code. if just code, then the coding belongs to the company but not the domain / name, etc...
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Thieving Magpie
Profile Blog Joined December 2012
United States6752 Posts
October 21 2014 14:32 GMT
#8
It depends on the contract.

If there is no contract, the company has no rights over it. Legally, what the company can ask for is the trademark/name, but that's only assuming that they have legal ownership of said trademark and said name.

If there is a contract, then you follow it to the letter and she only gets what is not stated on the contract.
Hark, what baseball through yonder window breaks?
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