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Old 01-10-2007, 05:38 PM   #1 (permalink)
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Domain rental/leasing?

A theatrical production company wants to use one of my domains for a year, because it happens to be the same name as on off-broadway play they are producing. They brought up the idea of renting or leasing it, and I was just curious to see if anyone here had done anything like this. It seems to be a smaller, limited budget type of production, so I don't know how much they can pay. The play is scheduled to run for four weeks, and they want the name for a period of time after that, too.

At first I thought, what the heck, just get some $$$ and let them use it. But then I wondered if they would acquire any rights to the name through using it, and also what this usage would do for potential future buyers of the name. As far as payment, maybe I could take a percentage of ticket sales, or total revenue? Have to give that a little more thought. Also, what if I don't like the content of the play, or it becomes objectionable somehow, and I get associated with it? I now realize I have a little more to think about in this situation, compared with just selling the name.

Has anyone done this before, or know of anyone who has? Any ideas on how to structure a good contract to cover all the contingencies? Thanks.
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Old 01-10-2007, 05:44 PM   #2 (permalink)
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Re: Domain rental/leasing?

i would push the issue for them to buy it outright, or if for some weird reason they dont have the money to buy it outright, have them make monthly payments until they pay it off. dont transfer the domain until you get all of your money, but give them access to dns and stuff.

if you choose to do the lease, I would have a knowledgable attorney draw up a really good contract. good luck.
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Old 01-17-2007, 09:23 AM   #3 (permalink)
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Re: Domain rental/leasing?

premiumtraffic.com have a facility on their website for leasing your parked domains. I've never really looked at the fine print but I'm sure they would have all the legal issues covered.
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Old 01-17-2007, 12:48 PM   #4 (permalink)
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Re: Domain rental/leasing?

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But then I wondered if they would acquire any rights to the name through using it, and also what this usage would do for potential future buyers of the name.
I'm not a lwayer, but it seems hard for me to believe they could pay for leasing, and then claim ownership, it would seem that they would be admitting to lack of ownership this way. In any case to make yourself safe, why don't you get them to sign a legal document saying they have no claims over the domain, and will not make any future claims over the domain, except if you uotright sell them the domain.

My opinion is to go for it. If there show goes well, they will probably need it, and pay something reasonable. Good luck.
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Old 01-17-2007, 06:23 PM   #5 (permalink)
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Re: Domain rental/leasing?

I started this thread, and just wanted to give an update. It's an off broadway play in a smaller theatre with a scheduled run of one month, so its not a big money proposition. I agreed to let them use the name, in exchange for getting a mention in the credits for the play, on their website, and in any media they might do. Plus, they threw in a couple of tickets.

The author of the play is pretty well known, and it has already been produced in other countries. So, if it happens to do well and make it to the big time on Broadway, then maybe I can make some money from it, because I agreed to let them use the name only through the current scheduled run of the play. After that, we would have to negotiate a new deal.

Thanks for all your posts.
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Old 01-17-2007, 07:34 PM   #6 (permalink)
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Re: Domain rental/leasing?

I like reading stories like this. I think that was a smart move, and it can definitely pay off in more ways than one. Hope you enjoy the show!
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Old 02-01-2007, 06:02 PM   #7 (permalink)
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Re: Domain rental/leasing?

I started this thread, and this may be the final follow up, but then again, maybe not. I had agreed to let the production company use the name, and we changed a few things, and seemed to come to a final agreement. But, after all the back and forth, a few days later they told me they did not want to use my domain name.

They didn't really say why, and they were very cordial, and still offered me tickets to the play. I found out later that they already had an existing web site for the play before they contacted me. My suspicion is that they didn't want to give me credit for using the name, and that I didn't want to transfer control of the name to them, which they had originally requested, but then later agreed wasn't necessary. There was no way I was going to do that.

In any case, if the play makes it to Broadway, they may come back later and want to make a deal. If there is more news in the future, I'll update the thread.
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Old 02-01-2007, 06:25 PM   #8 (permalink)
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Re: Domain rental/leasing?

Hope they do have to come back sunproof! GL and enjoy the show. Keep us updated.
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Old 02-01-2007, 07:53 PM   #9 (permalink)
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Re: Domain rental/leasing?

Make sure that you confirm their initial interst in lesing the domain and heir subsequent change of mind in writing, so that you have a record to use in the future, should they try and take a run at you via UDRP.

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Old 02-01-2007, 08:30 PM   #10 (permalink)
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Re: Domain rental/leasing?

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Originally Posted by blueline7 View Post
Make sure that you confirm their initial interst in lesing the domain and heir subsequent change of mind in writing, so that you have a record to use in the future, should they try and take a run at you via UDRP.

Zak Muscovitch
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Great advice blueline! great advice.
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