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i was in a few bands and wrote a bunch of songs, and was going to sign all of these songs over to my friend chris and my friend mike told me to sign them over to him. so i wrote up a contract stating that since i was moving that my friend mike could have all of the songs mentioned and so on. this is a handwritten contract between the 2 of us and his wife signed it as a witness. i never moved though, and i figured he would of ripped the contract up, but my question is, is that since it says im signing the songs over to him because im moving, and i didnt move, is this contract even valid? because i didnt move and that was the reason stated for signing this stuff over to begin with. can you help me here?? hahaha thanks
-mark

the contract basically just said that since i am moving, i will signing these songs over to my friend so and so. and it said the contract could be changed by either one of us once i returned. but i never moved. i dont think this contract is a valid contract at all.

2007-09-11 22:41:57 · 4 answers · asked by MARK W 1 in Politics & Government Law & Ethics

4 answers

o.k. first of all, no one has given you a correct answer so far. The reason is, NO ONE has read the exact wording of the contract.

Any attorney of merit would tell you they cannot offer an opinion on an instrument they cannot read. Such is the same in this case.

What I CAN tell you however is that it matters not that the instrument was in your handwritting. That will not affect its validity.

What matters is the exact wording of the instrument and the conditional (whether it was a condition of the gift or not).. Also, just because there is not a universally accepted 'consideration' doesn't mean it doesn't exist in this instrument.

Consideration in this case could mean, "If you take these songs I'll be able to move..." Both parties receive something of value. The other conditions of a valid contract exist from your explanation (meeting of the minds and promise to perform.)

At the very least this instrument is a declaration of gift and the court will not step in and correct your (seeminly) error to make you whole without proof that you were somehow wronged.

Also, copyright is not an issue here. If the songs WERE copyrighted, who owns such will be determined by the court on the judicial determination of a valid or invalid contract.

2007-09-12 00:28:26 · answer #1 · answered by hexeliebe 6 · 0 1

It is not a valid contract, because it doesn't have something called "consideration." This means that this wasn't an exchange. Basically, your friend didn't give you anything in return for your assignment of the songs to him, and so it's not a contract, just a "gratuitous promise" which the law will not enforce, even if it is in writing.

2007-09-12 05:46:09 · answer #2 · answered by Anonymous · 0 1

Not a valid "contract" because the condition (moving) was not met.

It's actually not even a contract because the element of consideration is missing/

2007-09-12 06:29:34 · answer #3 · answered by OC 7 · 0 1

If the songs were never copyrighted, it doesn't matter anyway. Until you get a copyright, you don't have an ownership that can be protected in a court in the first place.

2007-09-12 06:00:39 · answer #4 · answered by open4one 7 · 0 2

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