Name typed into form legally binding?

[jonathansorensen]

Hi all,

I'm having a studio singer sign a work for hire contract. We're half the continent away. Do I need to have him physically sign and fax or scan and email a copy or even snail mail or can I have him type his name in (electronic signature) and email the form back?

I've done a search and done some reading but haven't found the info. Any help is appreciated.

Best,
Jon

[jrubinus]

hello, Jon.
You probably didn't find an "answer" because it depends on the type of document and the rules for the jurisdiction (state or country) involved. In general, however, on a simple contract you should get a signature, or an image of a signature on a document that is scanned-and-e-mailed or faxed. A "typed" or word-processed name at the bottom of a contract won't cut it--it's too easy for the counter party to deny that he ever agreed to the contract, or even ever saw it before. However, most states don't require an original signed contract document should the contract have to be enforced (heaven forbid), unless the other party claims that the copy showing the signature is not an accurate copy of the original or has been altered. Absent that, however, it's usually enough to have some image of the signature so that a judge can ask, "Is that your signature?" and the other party will have to admit it or commit perjury. Hope this helps.
-Jonathan

[jonathansorensen]

That helps for sure. This is the first time I've asked for the work for hire and I don't want to overdo it and irritate or put off musicians helping me out but I also have been warned many times that it's a big mistake to not get the WFH contract every time. I just wanted to get a feel for what is kind of standard. I hear everything from, just write it up in your own language to, have a lawyer write it up.

I took a template from John Breheny's website and altered it to my project. Hopefully that will do.

[Casey H]

Hi all,

I'm having a studio singer sign a work for hire contract. We're half the continent away. Do I need to have him physically sign and fax or scan and email a copy or even snail mail or can I have him type his name in (electronic signature) and email the form back?

I've done a search and done some reading but haven't found the info. Any help is appreciated.

Best,
Jon

The big question is, given the current state of technology where fax and PDF email is so easy to do, WHY wouldn't you just do that with a signed copy? And the effort to follow up with a snail mail original after that, even internationally, is pretty minimal.

I'm not a lawyer but I've heard that only a true original is 100% legal. That being said, I've done many agreements and contracts by fax and PDF email and many publishers, libraries, etc (not talking court of law) seems to fine with those. Any W-F-H forms I've sent libraries have been by FAX or PDF.

I would not feel comfortable with only an electronic signature (e.g. an email OK) on a W-F-H form. Why? Because the library I have to, in turn, send that to might not be comfortable with it.

Casey

[jonathansorensen]

Hi all,

I'm having a studio singer sign a work for hire contract. We're half the continent away. Do I need to have him physically sign and fax or scan and email a copy or even snail mail or can I have him type his name in (electronic signature) and email the form back?

I've done a search and done some reading but haven't found the info. Any help is appreciated.

Best,
Jon

The big question is, given the current state of technology where fax and PDF email is so easy to do, WHY wouldn't you just do that with a signed copy? And the effort to follow up with a snail mail original after that, even internationally, is pretty minimal.

I'm not a lawyer but I've heard that only a true original is 100% legal. That being said, I've done many agreements and contracts by fax and PDF email and many publishers, libraries, etc (not talking court of law) seems to fine with those. Any W-F-H forms I've sent libraries have been by FAX or PDF.



Therein lies the rub. It's all good until other people get involved so, point taken. Just get in the habit of getting a signed original on file.

I would not feel comfortable with only an electronic signature (e.g. an email OK) on a W-F-H form. Why? Because the library I have to, in turn, send that to might not be comfortable with it.

Casey

[mazz]

An experienced professional musician would be familiar with WFH agreements and if they are working internationally via the internet, should already be set up for scanning/faxing/e-mailing of contracts.

At least that's what I would expect from them if I were to hire them.

[jonathansorensen]

An experienced professional musician would be familiar with WFH agreements and if they are working internationally via the internet, should already be set up for scanning/faxing/e-mailing of contracts.

At least that's what I would expect from them if I were to hire them.

He's finished the tracks and I'm awaiting the files and the wfh form. I am quite impressed with him. He's very professional, fast and he didn't just execute the songs the way alot of session singers do. He sang it like he wrote it. So if you're looking for a rock-n-rollish, countrish singer. Google Doug Stokes.

JS