does anyone know if a legal contract written by an attorney is copyrighted?

Question

I am building a house for someone and need to have the legal stuff to prevent problems and protect both of us. I have a friend who just did the same thing and spent almost a thousand dollars for the document. I am considering just using it and substituting the names, but I don't want to do anything that is wrong. There is nothing on the document that identifies the attorney, gives credit to the attorney, or says anything about a copyright. Can I use it?

in response to the fellow who asked if I really know how to build a house...I have built 44 houses.... I think that speaks for itself. Call me old fashioned, but I have never felt the need for the legal speak until recently....

Answer 1

In general, legal documents aren't copyrighted. You would be able to use this document as you have said.

The problem comes in when that document doesn't match what you need for your house. If the other person has a lawyer looking over the document, they're in a better legal position than you. Plus, if there is an aspect of the contract that's in dispute, that part of the contract would be read to be for the other person's interests and against yours. A contract is always construed (interpreted) against the drafter -- which, in this case, would be you. What your friend bought with the thousands of dollars was not just the document, but a lawyer to assume liability if the work is questioned. You can use the work, but get so such protections.

Answer 2

ChrisB is correct.

Any document written by someone, whether it is a contract or poem, is copyrighted by the author. If the lawyer produces a contract for a client, then the document would most likely be considered a work-for-hire and the copyright held by the client.

If you want to use the structure of a contract, or some standard clauses and phrases, that would probably fall within the Fair Use doctrine. There are only so many ways to write an incorporation clause, or a forum selection clause.

But yes, a contract or any document drafted by an attorney is copyrighted, unless the document is specifically and deliberately put into the public domain.

Answer 3

No a contract by an attorney is not copy written.
BUT, each contract is unique to each situation.
A contract is a legel documents what is exchanged between to parties. What is given, for what in exchange.
A house is a substantial investment, and there are a whole lot of things that can go wrong. What the buyer expects from you may not be what you had planned for him. The house itself has thousands of little details that the buyer will be looking for , but that you may not be concerned about. Details, details, details.
Is it worth it to you to save a little now, and risk losing it all later?
The real question is do you really know how to build the house?

Answer 4

It would be perfectly legal for you to use a like document. Just change the information that is required and make sure you go over it word for word and adjust it accordingly. There is no copyright on this document. You are wise to start doing these contracts.

Answer 5

Of course you can use it. What do you think mortgage companies use all the time. Pre-printed contracts are always used. It is OK to cross out any terms that you do not want to apply. Redact the names and use your own. Make sure everything you need is included. Include an amendment clause if other writings are to be included on separate documents. Don't take my word for it, I'm wasted right now!

Answer 6

Whoever the contract is written for is who owns it. Meaning whoever comissioned the work of the attorney, owns their work product. Its like asking if someone paints your house for you, do they own your house?

Answer 7

I believe you can do that, but don't quote me on it.