- Joined
- Jan 6, 2007
- Messages
- 595
- Reaction score
- 72
- Location
- Portland, OR
- Can others edit my Photos
- Photos OK to edit
I took a quick scan through this, and there is one thing I did not see mentioned (correct me if I'm wrong)....
In order to run a business, you need to be able to sign contracts. If you aren't even of driving age yet, that ain't happening.... unless you put the business in Mom and/or Dad's name, in which case they take legal & financial responsibility for your screw-ups, which somehow I don't see happening, either.
Disclaimer: I'm not a lawyer. I'm just a dude on the internet (with a graduate degree (NOT LAW, FFS) and I deal with business and contract laws).
Actually the key difference is what's enforceable. In most states (I think it may be standard across the states but not 100% sure) any person can put their mark on a contract. That doesn't mean it's not valid. But it does mean, if the person is under the "age of consent or disability", the contract is valid unless something challenges it's validity or is voided.
In most states, minors have the right to void a contract at anytime. This is the fundamental problem with minor's signing contracts. So as an example:
1. Ms. 15-year-old-photographer signs a contract with A_Happy_Couple01 to shoot their engagement which gives A_Happy_Couple01 permission make prints of their pictures
2. Ms. 15YOP decides after 10 days that she doesn't feel like it, and tosses the contract in the shredder.
3. A_Happy_Couple01 is now legally forbidden from making prints of their own pictures, because the contract granting them is now null and void, so the copyright is never transferred to A_Happy_Couple01
Punchline:
Minors can sign contracts, but:
1. They are not enforceable
2. The minor can void them at any time for any reason
3. Good luck going through arbitration or civil court
If, for some stupid reason, you get to #3, arbitration and courts side with the minor near universally.