Legal Question in Business Law in Maryland

Contract Term Specific or in Perpetuity

May an agreement - in this specific - one between a model and a photogrpaher for the right of that photographer to own and use images of the model . . . be terminated if there are no specific commencement or expiration dates specified? In essence, may or does a contract exist in perpetuity absent specific dates OR - because there are not specific dates - the validity of the contract becomes questionable because it MAY NOT exist in perpetuity?


Asked on 2/20/04, 2:51 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Contract Term Specific or in Perpetuity

If there is no termination date in the contract, and no provision by which one of the parties can unilaterally terminate it, it will essentially remain in effect until it's terminated by mutual consent or by the death of one party (unless the contract contains a "survival" clause whereby it inures to the benefit of the heirs).

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Answered on 2/20/04, 3:09 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Contract Term Specific or in Perpetuity

The contract you speak of clearly is in need of improvement. Notwithstanding issues of endurability with enforcement and adequacy of consideration, the corpus of the contract is in question. Was this a service contract or artistic and capable of copyright? A photographer should protect his/her product whether by service or for copyright and publication. Consult an attorney should you need assistance with the contracts used within your business.

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Answered on 2/21/04, 10:56 pm


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