I own a .com domain that is an actors first and last name. I have put some content up about the actor in general that I have written myself. Today I received an email from someone claiming to be the representative of the actor that the domain is named after. They say by owning the domain actorsname.com I am infringing their copyright and want me to hand the domain over to them. They are askibng what they need to do to get me to sign the domain over to them. The domain isn't earning anything for me and I would be happy to sell it to them but would like to know where I stand legally. Also if I contact them with a price for the domain how do I work out the price.
As long as it is not monetized you should be okay. Offer it to them for $1,000, if they refuse, just tell them you would rather keep the domain and not host any page than to sell it for less.
Do not give them a price. Don't even offer to sell. If they are actually a representative, then you offering it for $1,000 will be seen by ICANN and US courts as evidence of "bad faith". That could get the domain taken from you with only compensation for the registration fee. If they offer a price, then you can take it. What kind of representative did this person claim to be? It is possible that this person has no connection. He/she claims that there are copyright issues. Names cannot be copyrighted. So it would seem that this person is either not legal represntation or not really representation at all. That is not to say that there are no issues. While names can't be copyrighted, they can be trademarked. However, a lawyer would not confuse the two.
The name is not trademarked as far as I can teel in the US or UK. The representative claims to be the personal assistant to the actor. If I want to sell the domain how can I approach the subject without jeopardising my position?
I remember reading how the owner of ytmnd.com owned dustindiamond.com - was sued, and actually won the rights to the name.
Trademarks do not need to registered to have some protection under the law. If the person is a personal assistant then I would do nothing until I heard from legal representation. If you want to sell the domain, you cannot approach the subject without it having an effect on your standings. You can try it, but if the person knows anything (or has counsel that does) then you approaching the subject is more weight for them. If they make an offer then you can accept it. If you suggest or make an offer then you would lose any weight that you might have in a dispute. It will be seen as a "bad faith" registration. Those days are over.
ICANN UDRP decisions have been inconsistent on celebrity names. Typically if you use a celebrity name to make money (ie Adsense) off their fame then you will lose the name. Some fans sites have won & kept the name as they made no money. If the site has nothing to do with the celebrity you may be able to win a UDRP decision. If it's just a parking page you may or may not win. Oh, BTW, IANAL. If it was me I wouldn't hand it over but would let it expire as I would not be able to keep it and make money off it.