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Electronic Model Release?

This is a discussion on Electronic Model Release? within the Business Talk forums, part of the Business Discussion category; Is it possible to get an electronic model release and for it to still be valid? I have a slideshow ...

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Electronic Model Release? - 05-26-2007, 12:43 PM


Is it possible to get an electronic model release and for it to still be valid? I have a slideshow of about 19 kids which I would like to get the parents consent from to present on my website. The mom in charge of asking me to do this project said it would be much easier for the moms if it could be something electronic through e-mail. I'm afraid that if I ask them to print it and sign it and mail it back to me it will take too much effort and they won't do it. Is there any other way electronically that I can get a consent that is still valid even though it is not a written signature in ink?

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05-26-2007, 12:47 PM


I think it would on be a good faith consent, I doubt it would hold up in court. Your really have no way to prove who sent the email. Same with a fax, to easy to cut and paste.
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05-26-2007, 12:57 PM


I don't see why you couldn't go with an electronic model release. The hard part is getting an electronic 'signature' that would stand up in court.

It would be easier to task the 'mom in charge' to get the model releases signed for you before putting the project on your website.
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05-26-2007, 01:15 PM


I'm no lawyer but I have worked with legal matters enough to know that the rule in court is best available evidence. A release signed in person would be the best evidence of your agreement. A fax would be next followed by something like an email. An email therefore would be acceptable; the problem is that the other party could claim that you faked the email and, without other evidence to the contrary, you would have more difficulty proving your position. In the final analysis you just have to weigh the risks yourself!
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05-26-2007, 01:16 PM


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05-27-2007, 11:03 AM


Keep the emails in a file on your hard drive with the headers intact. Just my opinion, I know nothing.

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05-27-2007, 11:18 AM


This is a good question and I don't know of a case that has gone to court where the release is an electronic one, too hard to prove that the person who emailed you back is the person who actually said they signed the release. Now this depends on the subject matter of the photos, if they are High School Senior Portraits as individuals and groups or say a publicly viewed team sport then the electronic sigs may just be fine since 99% of the time there won't be anything objectionable in the photos other shoots could go to the other end where the only safe release is written on paper and notarized.

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05-30-2007, 10:06 AM


you can "sign" for a car loan online, a bank account online, plane tickets online, consent to having your credit report pulled online, credit card applications online, etc.. I would assume that this is just as legal as those "virtual signatures" as long as its done properly.

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05-30-2007, 10:44 AM


Quote:
Originally Posted by Michelle Allmon
Keep the emails in a file on your hard drive with the headers intact. Just my opinion, I know nothing.
I was about to suggest that as well. Good thinking! I would print out the email with headers to have a hard copy in case something happens to the email format.
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