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Senior Partner
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Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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Hi, I have been a Wordpress blogger for the last number

Customer Question

Hi,

I have been a Wordpress blogger for the last number of years,

A few months ago, I planned to start a business with a third party, and they contributed some content to the blog over the recent number of months, but now the arrangement has come to an end.

Could you confirm if this third party has any rights over the blog in question? No formal agreement was ever arranged. The third party intends to start a new business using the followers of the blog, stylejump.com.

I appreciate that this may not be the right email address, but if you could even point me in the right direction I would appreciate it.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this. Are you saying that that you didnt have a written agreement together in respect of the blog?
Customer: replied 2 years ago.

Hi Jo,


 


We did not have any written agreement, just a verbal agreement that would have been referenced in emails.

Expert:  Jo C. replied 2 years ago.
Do you want to carry on with the blog or to end it?
Customer: replied 2 years ago.

Hi Jo,


 


I would like to carry on with it - as it is a blog I started many years ago, and I have built the followers over a number of years. However if it is too contentious I would leave it. Would it be an option to 'buy' out the third party? Have I the right to use the articles I wrote over the years again myself?

Expert:  Jo C. replied 2 years ago.
Ok.

What were the terms of your verbal agreement about ownership of the blog please?
Customer: replied 2 years ago.

We agreed that we would enter into business in a fifty fifty partnership using the blog as the foundations for any business. We agreed that I would manage the content side of things and put posts up and my colleague would arrange the business side of things. She is now taking the business into a high risk venture so I have decided to end our partnership as I don't believe in the idea. She wants to use the blog followers as an audience to promote her new business to.


The blog has been operational for a number of years, and followers have grown over that whole period, not just the period of the partnership.

Expert:  Jo C. replied 2 years ago.
Thanks.

I'm really sorry if I'm missing the point here but surely you are not complying with that agreement?
Customer: replied 2 years ago.

Sorry - maybe I'm not being clear about it.


 


I have had the blog for a few years, stylejump.com. It's about fashion at the races.


Last Spring, Kelley Burke came on board and we were promoting the website as a business and creating content by going to race meeting etc around Ireland. This was not agreed formally and there was no revenue in.


In recent weeks, Kelley wants to take the business in a direction that I don't feel is right, so I have dissolved the partnership.


 


My query is to what extent does Kelley have a claim to the blog? As she is intending to promote her new business to the followers - basically is it still my blog, or has her work over the last few months afforded her some rights or claim to it? At the moment the website is just 'sitting still' as we decide how we will split it, or who is entitled to what.

Expert:  Senior Partner replied 2 years ago.
Hi my colleague has asked me ot assist you in this. IF you created the wordpress blog and are the administrator of it then you continue to own it. So far as content is concerned any content written and published by you is your copyright and you can do what you want with it. Any content produced by your ex partner is her copyright however there will be an implied licence to use it on the blog if she published it there. You probably cannot use it for anything else. I am slightly puzzled as to how she can promote direct to the followers of the blog unless she has their personal data and I do not think she is entitled to use that as it will have been provided as a viewer of the blog and not for other purposes unless you have appropriate opt in notices for marketing on the blog.

You cannot of course prevent her from promoting any other blog as she sees fit.

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