Forum Moderators: phranque
Recently, the band's manager contacted me to negotiate getting my domain transferred to them. I refused obviously. He got pissed and is now "threatening" to get his lawyers involved. Even funnier, he claims he will try to get the "money generating off of the bands name and likeness" that I made (adsense).
This is ridiculous. I am running a fansite...is there really anything he can do?
This is not legal advise at all for that you must talk to a lawyer but I would see how far he will take this. There are procedures for taking a domain name. If he starts it then you have to respond but I wouldn't respond to him unless he does start the correct legal process. You don't want to egg him on through conversations. He wants the domain, you don't want to give it to him, no need to talk about it.
Most big corps allow their name in Domains when it comes to fan sites... even Disney, who loves to protect it's trademarks has allowed fan sites with their name in the domain since the early 90s
If you do find yourself in talks with the manager again perhaps mention that having fans put up websites that promote and praise a band and incur the costs of doing so helps the band. Trying to shut down a fan site could result in very bad PR for them. If he threatens lawyers, threaten back with local press... something like maybe the press from the town of the band would like to hear how the manager is trying to shut down a fan's website.
You should also be very clear on every page that you are a fan site and not affiliated with the band in any way. This doesn't absolve you but it at least shows you are not trying to "confuse" the market. Lawyers will focus on you "confusing the market" if they do move forward with a case against you.
You should also be very clear on every page that you are a fan site and not affiliated with the band in any way. This doesn't absolve you but it at least shows you are not trying to "confuse" the market. Lawyers will focus on you "confusing the market" if they do move forward with a case against you.
My main page has "fansite" in the title, and I have a disclaimer linked on my site that clearly states that i am just a fansite, not affiliated with the band in ANY way.
If he threatens lawyers, threaten back with local press... something like maybe the press from the town of the band would like to hear how the manager is trying to shut down a fan's website.
I will definitely consider that - great advice. Do you know a good way to go about finding the right press sources to contact?
Btw, I am in Canada, and this is a US band - does that matter at all?
Not sure about how to get in touch with media about such a thing. I would aim my efforts at the entertainment writers though.... just look up the newspaper from the bands home town... find the entertainment section then see if the reports have email addresses listed.
