Monday, August 5, 2013

Contract Law

This is not legal advice. Leave audio feedback at (512) 686-6329.

So, it seems that my snippets go back further than last semester. I took Contract Law my first semester in law school (as most people do). Anyway, as I recently mentioned over at OSP, there may be a book coming. I want to get as much of this out there so people can help piece together what should be in the book. Obviously, some of these need work, but the community isn't going to be able to help put the book together unless they know what has already been written. So, just like the last post, this is one of those as-is posts. I hope you can gain something from it.

This is the first of a two-part series. The other post will be on the sale of goods, which will apply to merchandise sales. Today will focus on contracts for services. A performance, a "gig", is a service.

Let me first say that Tort Law and Constitutional Law have been my best grades in law school, so if anyone has suggestions to improve this article, I am open to suggestions! Let me also say that that should be a warning to you if you are attempting to make this legal advice. This is not legal advice.

Contracts are generally a matter of state law, but the US Constitution does address contracts in Article 1, §10. "No State shall...pass any...Law impairing the Obligation of Contracts." From the Constitutional side of things, there are other property rights, but that's not particularly important.
From the copyright side of things, note that you can sign away pretty much everything in the US context.

Many people think a contract must be in writing for it to be enforceable. While there are exceptions (there always are!), ORAL CONTRACTS FOR SERVICES ARE ENFORCEABLE.



Righthaven v. Democratic Underground


A couple pages worth at The Legal Talk Network (none deal directly with gigs or copyright)