QUESTION
Can volunteers who contribute to my website sue me if I use their ideas that they gave specifically for the website?
Asked on Oct 22nd, 2012 on Intellectual Property - California
More details to this question:
I own a website not yet registered as a business and have volunteers who contribute content and ideas. Ideas that are developed in the team and I implement them on the site. The site also makes money from ads. One of these volunteers under his own assumption feels like he owns part of the site but has not acted yet and continues to behave normally. Can these volunteers sue me for using their ideas because the site makes money? Do I need ask them to sign an electronic waiver and or protect myself, and if so, how? Thanks for your time.
3 ANSWERS
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Doland & Fraade
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I see you have received two other answers. When you get this many attorneys in one state, you will get many answers, some of which I don't agree with.
Hope you are getting good guidance. Best wishes in continuing this endeavor. Thank you so much for the fantastic endorsement on the other site.
Michael Doland, Doland & Fraade
Answered on Oct 23rd, 2012 at 11:16 AM
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As a general matter, a license will be implied under these kinds of circumstances. That is, if a person voluntarily contributes a work of authorship to a public forum without any reasonable expectation of compensation, it will be presumed (by the courts and attorneys) that he intended to give his work away, or permit its use, gratis.
You should have an appropriate set of terms of use for your site. Please contact my office to discuss how that should work mechanically and to have appropriate terms written for you.
Answered on Oct 22nd, 2012 at 9:24 AM
Unless an express "work-for-hire" relationship is created or the author grants rights to you, all rights remain with the author. Therefore, get a royalty license to use all contributed content and ideas on your website.
Answered on Oct 22nd, 2012 at 9:13 AM