A few weeks ago, a reader noted concern over indemnification clauses in writer’s contracts. So that’s the topic of discussion for this open thread.
If you’re not familiar with the term and how it relates to writers, then hop over to ASJA’s tips on how to deal with indemnification clauses. Also note that I’m not a legal expert, but I’m happy to open the discussion and offer my $.02.
Yes, I hate indemnification clauses (and legalese in general), but I have to admit that I’ve signed them in the past. If it simply says that I have not plagiarized the article or infringed on another’s copyright, then I know I can sign without reservation. I’m not dumb enough to rip someone off or violate copyright law! If it’s more serious, then I probably should spend more time consulting an attorney or at least defining the clause in specific, concrete terms.
But I know many of us don’t.
I only get paid for time actually writing, not deciphering contracts, so I’m often tempted to skim and sign. I don’t write on topics that are prone to heavy litigation, but I do think that ASJA’s tip about including the phrase “best of your knowledge” is a smart idea.
What about you? Have you managed to eliminate or refine an indemnification clause? Have you known any writers who’ve had this clause come back to haunt them? I’d be interested in hearing about it, so leave your comments below!
Indemnification clauses are in all the contracts I sign in my specialized freelance field.
I in general don’t worry about them because I follow strict ethical guidelines.
However, it may be that some types of projects should have a revision of the clause to make it friendlier to the writer.
Great topic! Indemnification clauses make me quake in my boots. Here’s why…
I’m very ethical so I don’t worry about my own work but I often get starting content from the companies I work for.
I had one client (who’s no longer a client) who “borrowed” content from a competitor website telling me it was “original” company content that I could expand on.
In this particular case I was lucky enough to figure out the content had been borrowed.
Under the indemnification clause in that particular contract, if there had been a lawsuit, I would have been responsible for all legal fees. It would have ruined me especially since I can’t afford insurance.
Now I don’t sign contracts with these clauses.
If I was doing magazine writing, I would find these clauses easier to stomach because I’d have more control over the final product. Am I right?
@Janet: Unfortunately, you often don’t have much control over the finished product with magazines either. I’ve heard of editors making up quotes or re-reporting the story to fit their style or the angle they want but can’t articulate. I haven’t run into any legal issues with this, but I did want to point out that the story can look very different once it finally appears in the magazine, especially if it’s edited by committee!
Thanks Susan. And I thought magazine writers had it easier
. So much I don’t know.
For magazines, no problem. For Joe Schmoe whose apt to change things willy nilly, no way. I’ve not seen those in any other contract beyond magazines so far, so it’s not been an issue. But in cases where the client is going to take the work and “add” to it, that’s where I draw the line. Mind you, I’ll keep all email correspondence anyway to prove my innocence, but why put myself in a position to have to fight it?