
08-12-11
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 | Senior Member | | Join Date: Oct 2010 Location: Gympie, Queensland
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With respect, without knowing what previous legal agreements would have already been arranged prior to this consent-email being sent to a client, the concept appears highly flawed from a legal standpoint.
Aside from the fact that a client not replying to your email cannot be said to be a formal notice of permission (lawyers would have a field day with you on that one!), your clients are not necessarily the owners of their own site content, especially in cases where stock images and corporate graphics are concerned, and may not hold the authority to give permission on behalf of the relevant third party. And the really hairy thing about that, is that many clients don't realise they don't have that authority!
So even if they give you permission, it's likely to be a case of the blind leading the blind into a legal minefield.
Aside from anything else, if I received an email along those lines, I'd presume it to be dubious.
I can't assume to be totally up-to-date with intellectual property laws, but as far as I know, there is still no viable substitute for a signed, printed contract.
__________________ Marc Morrow • Creative Content Specialist Original Art, Content & Design for Mainstream & Specialised Media. www.marciad.com |