What smartphone model release app do pros use?

Question

I am looking for an app that will help me with model releases. I have come across Easy Release which looks like a great product yet what are the pros using when it comes to shooting the photo and then getting a model release? (I am looking to use this for street photograph.)

Note: I am using iOS yet would prefer answers that cover at least iOS and Android.

Asked by Lynda

Answer

I came across many choices when searching and I have listed them below. I chose Easy Release due to several reasons one of which is was designed by a professional photographer. Also when researching individual programs I found many, many positive reviews for Easy Release. The rest had mixed reviews if any at all. All listed work with iOS and some have Android versions.

Release Me

iRelease

iD Release - This is the only Free App

Easy Release

mRelease

Model Release

Photographers Contract Maker

I came across this information at iStock. It said "iStock does not accept electronic model releases." This info is dated 2010; I have contacted iStock to see if their policy has changed and will update this when I hear from iStock.

Hope this information can help someone in the future.

Answered by Lynda

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Model Release - APP for Smartphone?

Question

I am looking for an app that will help me with model releases. I have come across Easy Release which looks like a great product yet what are the pros using when it comes to shooting the photo and then getting a model release? (I am looking to use this for street photograph.)

Note: I am using iOS yet would prefer answers that cover at least iOS and Android.

Asked by Lynda

Answer

I came across many choices when searching and I have listed them below. I chose Easy Release due to several reasons one of which is was designed by a professional photographer. Also when researching individual programs I found many, many positive reviews for Easy Release. The rest had mixed reviews if any at all. All listed work with iOS and some have Android versions.

Release Me

iRelease

iD Release - This is the only Free App

Easy Release

mRelease

Model Release

Photographers Contract Maker

I came across this information at iStock. It said "iStock does not accept electronic model releases." This info is dated 2010; I have contacted iStock to see if their policy has changed and will update this when I hear from iStock.

Hope this information can help someone in the future.

Answered by Lynda

Check more discussion of this question.

Will electronic or digital model releases or contracts hold up in court?

Question

Are there any legal examples where a digital model release/contracts was upheld in court? I have read about digital signatures, but am curious in relation to how it works with, let's say, an app that has a person use their finger to sign a model release on a smartphone.

Could that be upheld in court?

Asked by Lynda

Answer

After doing some research I came across this information that I believe would apply to apps used to obtain electronic signatures and any other form of electronic signatures.

From Wikipedia:

In 1996 the United Nations published the UNCITRAL Model Law on Electronic Commerce. The model law was highly influential in the development of electronic signature laws around the world, including in the US.

The U.S. Code defines an electronic signature for the purpose of US law as "an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record." It may be an electronic transmission of the document which contains the signature, as in the case of facsimile transmissions, or it may be encoded message, such as telegraphy using Morse code.

In the United States, the definition of what qualifies as an electronic signature is wide and is set out in the Uniform Electronic Transactions Act ("UETA") released by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 1999. It was influenced by ABA committee white papers and the uniform law promulgated by NCCUSL. Under UETA, the term means "an electronic sound, symbol, or process, attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record." This definition and many other core concepts of UETA are echoed in the U.S. ESign Act of 2000. 47 US states, the District of Columbia, and the US Virgin Islands have enacted UETA. Only New York, Washington State, and Illinois have not enacted UETA, but each of those states has adopted its own electronic signatures statute.

Canadian law (PIPEDA) attempts to clarify the situation by first defining a generic electronic signature as "a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document", then defining a secure electronic signature as an electronic signature with specific properties. PIPEDA's secure electronic signature regulations refine the definition as being a digital signature applied and verified in a specific manner.

In the European Union, the EU Directive on Electronic Signatures or the EU Electronic Signatures Directive was published in the EC Official Journal, as Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (OJ No L 13 p. 12 19/1/2000).

More information can be found on the Wikipedia Page on Electronic Signatures

The following two links come from a website called EchoSign, an electronic signature company. The two links provide information on the legality of electronic signatures though you will see some company branding and information. (For clarification here, I have not used EchoSign nor am I affiliated with them.)

Here is a case, Barwick v. GEICO, that electronic signature was upheld. (Does not have to do with photography but the same theory applies to electronic signatures for model releases/contracts.)

This document mentions the laws for the US, EU, UK, Canada, and Mexico.

I contacted the makers of Easy Release asking if there are any legal cases in regards to electronic model releases and this was the response I received:

I'm not aware of any direct case history. Getty Images and Alamy have approved us for use by their contributor photographers; Getty did so after a ten month worldwide legal review.

Answered by Lynda

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What workflow should I use for managing model releases?

Question

Managing and collecting model releases might become a tiresome job, specially for hobby photographers like me. Asking a stranger to sign a paper might become trick in most cases, specially in a 3rd world country where most people cannot read written english. So, is there any effecient workflow for collecting and managing model releases? Do I ask for the sign before or after the shooting session? Also, in case of a complete stranger in a street how do I approach? Do I need to collect model releases for every person I shoot even without knowing whether I will use their image in a commercial way or not?

Answer

Images used for news or artistic works do not normally require a model release. In the first case, it would be unrealistic to expect a newspaper, for example, to get model releases before publishing pictures of a large group of people in a protest. For artistic purposes, there are a large number of street photographers taking pictures of people on the streets for artistic purposes, again without release. Now, in that case, if there was a desire for the image to be used for commercial purposes, such as stock for Getty (which is where I think you're going based on your previous question), they'd be out of luck.

So, for candid photography, getting a model release does give you some additional flexibility in the use of the image, but it's not actually required if the image isn't going to be used for commercial purposes. As for approaching them, well, that's tough... I'd have a hard time with it, I think, but not everyone does.

For actual working shoots, and I've only done a couple, the answer is sign everything before shooting. This includes any model releases, and possibly the buyer contracts, that stipulates the usage rights and other details, including payment. Never do the work until you have all those figured out, it protects you and it protects the models. Don't worry, people modeling for commercial purposes generally expect the release and they won't be shocked by the contents of it.

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How much pay to a model in a session of photos for stock?

Question

I want make a photo project to send to a stock photography agency, but I don't know what I should pay to a model for signing the model release.

Pay by photo, by hour, or in some other way?

Answer

It sounds like you haven't worked much with models. If not, it'll be an interesting journey. It's convenient to make a broad categorization of models into two groups: 1) Professional models, represented by an agency; and 2) People who model but are unrepresented, part-time, etc. If you want to be reasonably sure your model will be on location when he or she is supposed to and that you are getting what you pay for, agency models are for you. If you are working on spec, as with stock photography, you may be willing to trade the reliability of a model with a pedigree for a less expensive one.

To start with, you need a clear description of what you plan to do, where, for how long, whether the model is providing wardrobe, makeup, styling or if you will have hair, stylist, etc. on set. Be sure to mention up front whether there will be any unusual requests of the model because if your model is uncomfortable or feels you sprung something on him or her, the shoot will not go as well as if they are prepared.

In the first case, you will negotiate rates with the agency and it will be quite cut and dried. The latter case (and this is where modelmayhem.com comes in) gives you quite a range of talent and professionalism. The models range from, to be blunt, flaky to very responsible. They can be extremely talented or totally clueless. With these models, it's obviously important to have your description, but you'll want to meet them first and take a few test shots, even with your cell phone, just to see if you can communicate and work with them. If you decide the answer is yes, then you determine a rate.

There is no standard rate and stock photography is very speculative. So is modeling. Many of the Model Mayhem models are professional and serious about making a living modeling. Others, not so much. The pros will have either hourly or day rates and won't be afraid to quote them (they should be able to do this based on your description). Novices may be happy to let you set their rate. Many will work in exchange for some of the outtake images.

When you evaluate this, please bear in mind the total projected value of the shoot to you and measure your modeling fee against how much you expect to earn. If modeling and other expenses (equipment, transportation, meals, etc.) exceed what you expect to make from the shoot, just don't do it.

I know I've strayed quite a ways from the original question. I hope this is useful.

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