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Buying a used domain!?

It's a pretty simple question. When buying a domain that is already in use from a site owner, does the web pages or the web documents associated with the domain become yours in terms of copyright and possession.

Update:

Yes indeed. I intend on buying the domain and along with the website itself.

3 Answers

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  • Anonymous
    8 years ago
    Favorite Answer

    Hi Jam,

    It depends, are you buying just the domain name or the domain name and website content?

    This should be clearly stated in your purchase agreement.

    Greg

  • 8 years ago

    No, copyright, trademark and domain names are different property rights. In fact, a domain name is actually an executory contract right, not a property right. You can buy and sell them separately. The fact that you buy one has NOTHING TO DO WITH the seller's rights to continue using the other rights they retain. A website is not a domain name; a website is a collection of copyrighted files. A domain name is a shorthand for the LOCATION of those files (i.e., the IP address translated through DNS).

    So, buying a domain name is like buying the right to tell someone where you live. It doesn't give them ownership of anything that's inside your house; just the right to know where the house is and perhaps look in the windows.

    Trademark purchase is tricky. If you don't do it properly, it becomes irrevocably worthless.

    Also, if you purchase copyright (instead of, say, an exclusive license to use it), then the copyright transfer must be registered in the US Copyright Office.

  • 8 years ago

    No, and make sure that the trademark on the domain is also being transferred, or you may find the domain taken out from under you.

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