Check endorsements as contracts (was Re: rules for scanned articles in journals?)

Trolling through my list archives, I ran across this gem:

on Sun, Mar 25, 2001 at 10:37:25AM -0600, Carol Simpson (csimpson[_at_]lis.admin..unt.edu) wrote:

> I occasionally write for a journal that pays authors for published
> works. When the check arrives, it comes with a letter that says
> something like: "Your endorsement of the enclosed check transfers the
> copyright of the article to the publisher." Based on what is written
> below, is that endorsement signature sufficient to transfer copyright?

I've encountered a number of similar situations. Researching related statutes, I find references to "restrictive endorsements", specific to the issue of debt collection (a restrictive endoresement can be used to satisfy debts with a partial payment, under certain, specified circumstances).

I'd be interested in references to the contractual status of a check if:

• The check is endorsed (signed) but later contested.
• The check is endorsed, but marked "for deposit only".
• The check is endorsed, marked "for deposit only", and the contract terms are explicitly rejected "not a contract", "no contract accepted", or similar words.

My understanding is that this falls under state and contract law.

Other quesitons I'd be interested in seeing explored:

What if any obligations are accrued on the bank as an agent of the contract?

What is the legal standing of the check issuer if they pay the check and don't issue a stop or otherwise indicate that the revised terms are not accepted.

Peace.

-- 
Karsten M. Self <kmself@ix.netcom.com>       http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?             Home of the brave
  http://gestalt-system.sourceforge.net/                   Land of the free
   Free Dmitry! Boycott Adobe! Repeal the DMCA! http://www.freesklyarov.org
Geek for Hire                     http://kmself.home.netcom.com/resume.html






application/pgp-signature attachment: stored