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Thread started 09 Jul 2008 (Wednesday) 22:00
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Are photocopied contracts legal?

 
CanonLaw
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Jul 09, 2008 22:00 |  #1

I was just wondering if they were. In the past I have taken the contract, scanned it, and kept the paper copy as well. In an effort to go somewhat paperless, I was thinking of digitizing all my contracts in PDF form and uploading them to my web server. I had been doing this already in the event my house burns down or something, but when I reprint it out, is it legal?

It seems to me it should be, but I just wanted to make sure before I start shredding my old contracts.

Thanks!




  
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Jul 09, 2008 22:05 |  #2

Well Canonlaw, I've always assumed a signed contract, photocopied or original, was a binding legal document.

For every wedding or social event I shoot, I sign the original, have the client sign next to mine name, I keep the original and scan a copy for them. My thought is that I am bound by both. They would also have legal recourse if I failed to perform according to the terms of the original or photocopied contract. - Stu


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CanonLaw
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Jul 09, 2008 23:21 |  #3

sapearl wrote in post #5882925 (external link)
Well Canonlaw, I've always assumed a signed contract, photocopied or original, was a binding legal document.

For every wedding or social event I shoot, I sign the original, have the client sign next to mine name, I keep the original and scan a copy for them. My thought is that I am bound by both. They would also have legal recourse if I failed to perform according to the terms of the original or photocopied contract. - Stu

Thanks for the input. Kinda what I was thinking.




  
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sapearl
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Jul 10, 2008 05:39 |  #4

Of course, I'm no attorney... just an engineer/photographer.​... so hopefully wiser folks than I will chime in soon ;).

CanonLaw wrote in post #5883363 (external link)
Thanks for the input. Kinda what I was thinking.


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Jul 10, 2008 06:12 as a reply to  @ sapearl's post |  #5

I'm no lawyer, but I would have thought it more likely to stand up in court if there is an original signature on the document. It is very easy to photocopy a document with a pasted on signature, which would be hard to spot. Therefore if someone contests it .....

Just my thought, I am happier with an original signature just in case.

My legal advice however, is worth exactly what you paid for it.




  
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Jul 10, 2008 11:23 |  #6

I believe if you have to appear in court that the only presentable documents are originals, so you better hang on to them.




  
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cdifoto
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Jul 10, 2008 11:30 |  #7

Well you gotta have your source located somewhere. Whether it's a doc, pdf, handwritten note, or crayola scribble, doesn't really matter.

As far as copies go, I print out one for each member involved and just have them sign each one, and do so myself. No one has complained so far and since my office is the local coffee shop, it gives everyone a copy already signed and dated with inky signatures to walk out the door with in hand. Peace of mind all the way around.


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Jul 10, 2008 13:09 |  #8

Okay, I'm not an attorney either.... But I did work in real estate for quite a few years, as well as other businesses that used legal agreements... and I stayed at a Holiday Inn last nite.

It was drummed into us that only the original signature and document could be expected to hold up in court, if it ever came to that. Often faxes were used in real estate transactions for speed and efficiency in back and forth negotiations. But all those documents needed to be re-signed later before the deal could close. A copy should only be used in court if necessary, and was far more open to challenge.

Oh, and we also only used blue pens.

I was talking with a friend last evening who has run into a problem with copied documents... in particular her birth certificate. She's trying to have shares of a mining stock that she inherited some years ago but just recently found out about transfered over to her. Her grandfather bought them when they were literally penny stocks and no one knew suspected were diamonds in Canada! At this point, she can't even find out how many shares of stock are involved (probably a lot, because her grandfather invested in a number of other penny stocks, too), because the company and courts won't accept her birth certificate due to it being a copy of a copy that's barely legible, and no original has been found so far.


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cdifoto
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Jul 10, 2008 13:12 |  #9

You can get original birth certificates from your state capitol's department of vital records. I had to get one for my passport application in April.


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CanonLaw
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Jul 10, 2008 13:16 |  #10

cdifoto wrote in post #5886694 (external link)
You can get original birth certificates from your state capitol's department of vital records. I had to get one for my passport application in April.

Unless you were born in Louisiana, as was my mom. The building that held her birth certificate was destroyed by Hurricane Katrina :(




  
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tomd
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Jul 10, 2008 13:17 |  #11

I'm not an attorney, but I took a Intro to Bus. law course 22 years ago.

I'd suggest keeping contracts for a year or two after the event. Then shred them, and retain digital copies.

Tom


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CanonLaw
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Jul 10, 2008 13:19 |  #12

amfoto1 wrote in post #5886674 (external link)
Okay, I'm not an attorney either.... But I did work in real estate for quite a few years, as well as other businesses that used legal agreements... and I stayed at a Holiday Inn last nite.

HAHA! I will take your advice above all others only because you stayed in a Holiday Inn last night.

Well, it seems that I probably should just hang on to the original, plus a scanned copy. Until the Attorney General of Washington State tells me I don't need to keep it, I think I will just do it.

Thanks for the input!




  
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cdifoto
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Jul 10, 2008 13:20 |  #13

CanonLaw wrote in post #5886726 (external link)
Unless you were born in Louisiana, as was my mom. The building that held her birth certificate was destroyed by Hurricane Katrina :(

Mine was printed on-demand. Well not quite on-demand. I had to kill an hour.


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CanonLaw
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Jul 10, 2008 13:21 |  #14

cdifoto wrote in post #5886745 (external link)
Mine was printed on-demand. Well not quite on-demand. I had to kill an hour.

Were you born in Louisiana?




  
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cdifoto
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Jul 10, 2008 13:23 |  #15

CanonLaw wrote in post #5886756 (external link)
Were you born in Louisiana?

Oh yeah I forgot. Louisiana doesn't have technology.


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Are photocopied contracts legal?
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