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Client Threatening Lawsuit

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Mar 22.2015

I don’t have a webpage business. A neighbor asked me to develop a website for her businesses, so being friendly I researched how to do it and created one for her. I coded it, graphically developed it from scratch and the domain names are in my name. She paid me $100 by check. Now because I no longer have the time to update it she is threatening to sue me if I don’t hand over all the files and domain name. I didn’t think this would ever be an issue. Does anyone know if she has grounds to sue me for just doing something nice like this? Does she in fact own the sites as she claims? We never made a contract because I was just being neighborly. If she wrote on the check, which I didn’t make copies of, that she owned the site does this give her legal ownership?

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@userbobMar 23.2015 — No clue on the legal aspects of it, but if someone paid me to make them a website, I would think that whatever I made would belong to them not me. Why would someone pay me to make a website for myself??? I don't think you are being friendly or neighborly by not giving her the domain and files. Why do you want them if they are for her business?
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@mainsqueezMar 23.2015 — Try to mutual with him. Do go for anything which is bad for both of you.
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@tracknutMar 23.2015 — Go talk to a lawyer if you want to get the specific legal details, but you're being a jerk. My guess is yes if she sued you, she'd get everything.
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@NogDogMar 23.2015 — If you are not going to do further work on it for whatever reason, then I think it seems prudent to give them what they want rather than deal with legal fees and the time to deal with this in the legal system. But I am not a lawyer, so I won't even pretend to know what your legal grounds would be in this case -- which will be highly dependent on where you live. If I were in your position, I'd probably hand everything over, with the proviso that it then becomes their responsibility to take care of web hosting, including transfer of the domain name to their hosting account. [I]And get that agreement in writing.[/I]
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@kmoinuMar 24.2015 — You should absolutely hand over the domain name and all files. You did work, she paid you for it. Therefore, what you did creating the site was a work for hire and she owns everything related to it. She is in the right legally.

The only way you would have the right to keep the files is if you received no compensation for the work. If she paid you in goods or money and you accepted the payment, it is then her property.
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@kmoinuMar 24.2015 — Addendum:

If you ever create a website for anyone again, whether you get paid for it or not, get the hosting in their name with their credit card. It makes it easier to pull away from the situation.

NogDog was right about getting in writing that they have to do the webhosting, etc.
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@jedaisoulMar 24.2015 — The legal position depends upon a number of factors, like whether you copyrighted the site, who has provided the hosting, the terms of the contract (whether written or verbal) etc... But, did you realize that, by claiming ownership of the site, you might be legally liable for any loss incurred by your client due to the web site, AND, potentially, for any loss to HER clients due to any misrepresentation in the site, e.g. of her skills and expertise? It happens.

So, it could well be in your interest to hand over the site in return for a written release from all liability. Oh, and before you hand it over, consider removing any references to you in the site.
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@Strider64Mar 24.2015 — I believe legally the client has the legal right to the website and the files (like already stated). A college instructor a while back ago gave this piece of advice (This is what he does himself) is that while the client has the legal rights to the files doesn't mean you have to give the raw files (by that I mean for example a Photoshop file). It doesn't make the website not modifiable, but a little more harder to do so. It's a little way of sticking to a client if you want to do so.? However, in my opinion from life experience I find it better to leave on good terms or the best that you can, for I personally never want to burn a bridge that I might someday have to cross again. Personally I would just hand over all the files and the website, clean any reference of me from the site and walk totally away from the client.
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