I a verbal agreement considered binding?

Question

For example, I run a website where we take pictures of people. If someone were to give verbal consent that we could use that photo, then do we have legal rights to post that on the web?

Answer 1

If it is a commercial web site, you need a "model release." No professional photographer would even thing of putting up a picture without a signed release.

If it is a non-commercial web site, you also need a signed release to protect yourself. They have proof you put up the picture. Do you have any proof that they agreed to it? No.

In general, a verbal agreement is very scary, at best.

Answer 2

Sometimes, a verbal agreement is binding. If there was a "meeting of the minds" and both sides agreed, then it can be binding. However, when the deal involves something to be done which is longer than a year, you usually can't enforce the verbal agreement without some written evidence. In your case, even if you made a verbal agreement and proof of it, if you plan to post that photo for more than a year, you probably will not be able to enforce the verbal agreement without some written documentation of the contract.

If I were you, I would ask the person to sign a release or letter stating that he is giving you permission to use the photo. In the alternative, you can send a letter (make a copy and send it with return receipt for proof of delivery), saying hey, this is what you agreed to, blah blah blah.

Answer 3

It would be difficult to defend your right to post those pictures online with only a verbal consent. I am not legally counseling you here but I would recommend, depending on what your website does exactly, that you get written consent. Then you're covered. Unless you feel lucky and want to gamble.

Every coin has two sides and the other side to this one is how you have your website legally structured. There are ways to protect your business that even most business owners, not all attorneys, are aware of. But I charge for that information so unless you're willing to pay do not contact me about this.

Answer 4

As Goldwyn once said, 'A verbal contract isn't worth the paper its written on.' Actually, yes a verbal agreement is binding, the real problem is proving the verbal agreement was made. If at a later date, the owner said he hadn't given you permission, how would you prove he did? You are better off getting it in writing.

Answer 5

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Answer 6

Tape Record them in the agreement.I've been screwed several times by just a verbal agreement.Supposed friends too.

Answer 7

i suppose it would depend on the photo and the person , whether you can trust them or not, because if they dont like what they see they could claim you stole the photo ,so best to get permission in writing unless they are not likely to see it or complain about it ,the risk is up too you good luck ,ps the priceless photo,s dont seem to care what they show

Answer 8

If it ever went to court it would be your word against theirs, better to get it in writing, you could get spanked...

Answer 9

if their is a person to witness it but it is always better to have it written