Legal Question in Intellectual Property in California

copyright contracts signed while under the influence of alcahol

I have copyrighted poetry I created by posting online on a blogger page. I have recently submitted my poetry to the Library of Congress, and am awaiting 'receipt'.

I may have signed some 'contract' or agreement of some kind while under the influence of alcahol. In regard to my written work, or any other aspect of my productivity, is an agreement signed under such circumstances binding? How can I find out if any signed agreements exist if I have no memory of signing them? How can I go about negating these agreements if they do exist?

Thank you


Asked on 10/16/05, 11:40 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: copyright contracts signed while under the influence of alcahol

Cross the legal bridges if and when you come to them. In the meantime, solve the problems you have. Blacking out while you are drinking is a clear indicator, isn't it? You might want to go to an Alcoholics Anonymous meeting -- before you acquire larger, harder-to-solve problems such as a lost job or apartment or a criminal case. Good luck!

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Answered on 10/17/05, 12:10 am
Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Re: copyright contracts signed while under the influence of alcahol

First, I would like to suggest in the future to stay away from pens (and guns) while you are drinking. Not the best mix.

As for the question, your understanding of the nature and significance of what you were signing while being intoxicated is important and could possibly cause the agreements to be voidable, but the better question is whether the other party had reason to know that you were intoxicated at the time of signing. If the answer is yes then you may have an argument for possible fraud, misrepresentation, duress or even coersion, depending on the detailed facts of the situation.

I suggest you try hard to remember what you signed because you do not want to commit copyright infringement.

Thank you for your question.

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Answered on 10/17/05, 12:24 am


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