Signing a model release. Email, Facebook

Hello all,

I have a question. Sometimes it is hard to have my customers sign the release the form.
So, I usually send the wording via email or facebook and stating that "By replying this email or Facebook message, it will be taken as proof of signature of the model release form"

Is it ok to do that ?

Thanks for your help and advice.
G

In a word: no.

Why not use something like DocuSign eSignature | Sign Documents Online ?

Thank you jdeg. Good option.

Do you have any ideas of good Model Release Apps ?

I would be leery of using the electronic option. Can't use them at Getty Images, nor just about anyplace I can think of that requires a model release. There are well documented issues with electronic signatures not holding up in court. That's not a mess you want to get tangled up in.

This is a face-to-face business. Getting releases signed shouldn't even be an issue.

namerg said:

Hello all,

I have a question. Sometimes it is hard to have my customers sign the release the form.
So, I usually send the wording via email or facebook and stating that "By replying this email or Facebook message, it will be taken as proof of signature of the model release form"

Is it ok to do that ?

Thanks for your help and advice.
G

Click to expand...

​I suggest you have a written contract/release in hand on the day of the shoot. No signature, no shoot.

wow...interesting. Face to Face and hard copies. I was looking it, just for convenience. And, damn... i have done some as I said in my post. Ohh well, I like the "Day of the shoot. No signature, no shoot." Thanks a lot..

I am on the wagon with the rest of them, when I do a shoot I have the documents with me and I have them read and sign before we even begin usually right after our breif consultation to make sure we are both on the same page. And the online thing you were doing will not hold up if someone decided to sue you FYI. Good luck!!!



Jeremy V

I'm a little confused as to how this plays out. Do you advertise for models or make arrangements ahead of time to shoot models? Are people coming to you for portraiture and you want them to sign a model release so you can use their photo? Are these candid situations where you want to use the photo publically and ask them after the fact? I'm just trying to wrap my head around the scenario. So how do these shoots get arranged?

It's not just about models. Not in the sense of "professional" models who are working/posing either for pay or for prints. Check out the verbiage of a model release and you'll see. If you're going to use someone's photos as an advertisement for your photography, you should have them sign a model release. In a sense, you are using their likeness for profit, and to promote yourself. It goes much further than that, but that's the gist of it.

You don't want someone coming back on you saying, "Hey...you used pictures of me to make money. I deserve a percentage of that money." And they're right, they do deserve a percentage of it, and in court, they'd get it. Unless you have a model release.

As far as working with actual models...well, that's a whole different discussion.

Almost forgot...

I have a pre-shoot packet that I send to clients. It contains a cost estimate, some tips on what to wear and poses to practice, as well as a model release. If they forget to bring it, I have them sign one on the spot. And like Helene said, no signature, no shoot, no exceptions. It's just not worth getting into trouble down the road. I have yet to have anyone refuse to sign one.

Also...

The same goes for properties (aka buildings). If you're going to use someone's property to sell prints for profit, there's also a property release. Same premise as a normal model release.

FYI, a little more about authentication and Docusign: Ensuring Your Electronic Signature Stands Up in Court | DocuSign
How to Make Sure That Digital Signature Is Legit | PCWorld

If one is doing a photo shoot with principles who will directly pay for your services such as wedding, portrait, party, etc. the best advice (for lawyer dominant USA) is always no sig, no shoot. Make sure the agreement protects not just your copyright but far more important establishes personal and property liability status.

If you're into money or spec jobs that require models (human or sets), employ them through established agencies. Everyone involved needs to be professional, independent contractors for purposes of the usual; copyrights, liability and taxes. You contract through the agency on agreed terms/conditions, you pay the agency, they provide models and accounting/tax documents. For those who have never been exposed to professional models during a photo shoot, life is made easy for photographers as experienced models know the drill and in most instances anticipate what the shooter requires.

@hark: Well, i did take a senior HS portrait photoshot. And, an another one might come up. I did maternity photo-shoot and for convenience of the client i did email / facebook thing. One thing to know the people whom i took pictures were kind of friends. There were not totally strangers. Maybe a photo-shoot that i did to some college girls last xmas i forgot to bring with me the model release forms then i did the email thing.

I think you guys use hard copies for release forms. So, i will be using the hard copies. Another question, after a photoshoot, should i give the photos copyrighted to the client once they sign the form ? Or not copyrighted for the client and copyrighted for my website only ? Thanks a lot for all your posts. This site rocks.