Legal Question in Business Law in California

scaning home photos (some professional) for replacement

Hi I live in fire territory and had the idea that a home buisness of scaning peoples personal photo albums would be a good idea so that if anything should happen they could replace what they lost.

But since some photos are professionaly done and technically illeagal to copy & reproduce could a contract be drawn up stating that the digital reproduction is only for the replacement of the item that was agreed by the profesional photographer previously paid for and legal to have?

I also want to know if I need a property release and return form?

And would i need a accidental release of liability for accidental loss in unforseen natural catastrophies?

If these forms are possible could you include an estimate for services.

Thsnk yu


Asked on 10/06/04, 4:57 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: scaning home photos (some professional) for replacement

The concept is probably sound, and with the right release you would be reasonably protected from most liability other than your own gross negligence. It would take a few hours of attorney time to do that basic agreement. I don't doubt you will find you want a few more things done than the simple release, such as dealing with your business/corporate status and tax implications. We can talk if you are interested.

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Answered on 10/06/04, 8:32 pm
Timothy J. Walton Internet Attorney

Re: scaning home photos (some professional) for replacement

That sounds like an interesting business idea. You are on the right track to seek help in drafting agreements that will cover potential disagreements.

I would draw up a single agreement to cover all the areas you mentioned. I think most attorneys would agree that it can be done in a single document. I would be willing to draft such an agreement for a flat fee of $1,000.00. If you would like to reach me on the telephone, please feel free to call (650) 566-8500.

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Answered on 10/06/04, 5:49 pm


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