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#1
September 30th, 2005, 12:57 PM
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Indemnify Me!
Hey peeps, it's been a while.
I'm putting together a website for an published author. She is going to seek permission from her publisher before sending me anything to post on the website, but should I ask her to sign an indemnification form as an added measure of protection for myself? I know that she's not going to sue me for posting her work on her website, but she's not in control of her publishing house. Is it understood (in a legal sense) that as a web-designer I am merely an agent posting information I believe to be legal, or do I need a piece of paper that assigns accountability on her?
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#2
September 30th, 2005, 01:41 PM
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I'd probably just have it stated in a general contract that she is responsible for all content on the site and that you cannot be held liable for anything that she failed to gain permission for.
I think that's legal enough. At the very least it will allow you to sue her should you be sued for something she posted. (Dont you just love america.)
__________________
Don't really care who you vote for but go vote. Early voting has started in several places. Election day is November 4. being healthier the hard way CJ @ Flickr
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#3
September 30th, 2005, 02:46 PM
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It wouldn't hurt to have something written down... either in the contract or a seperate memorandum.
---John Holmes...
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#4
September 30th, 2005, 03:23 PM
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Moved from the Lounge to Business Help, since this seems to be a legal question.
I would, personally, get a signed form from her disclaiming you of all liability, Just In Case(tm). 
__________________
~~ Peter ~~ ( My Blog: It's exactly like normal nerdiness, but completely different. ) :: ( Supporter of the EFF & FSF ) :: ( I'm a GNU/Linux addict and Free Software Advocate. ) :: ( How to Ask Questions the Smart Way ) :: ( The Fedora Project, sponsored by Red Hat ) :: ( GNOME: The Free Software Desktop Project ) :: ( GnuPG Public Key )
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#5
September 30th, 2005, 08:23 PM
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I believe that so long as you are doing this work for hire it is her site, her content and ultimately her code, too. You are, in fact, merely the contractor compiling it according to her instructions. Chances are you are being paid either hourly, or an agreed upon set fee for your work and she will own the whole thing when finished. Thus, it is her responsibility.
That said, if you haven't signed off on the contract and want to insert a paragraph stating that your client is responsible for all content and that you are indemnified of legal responsbility. Of course if you're doing your own artwork, photography, logo design you may need to make distinctions between her prose and your photos.
__________________
medialint.com "Beware of the man who works hard to learn something, learns it, and finds himself no wiser than before. He is full of murderous resentment of people who are ignorant without having come by their ignorance the hard way." - Vonnegut - Cat's Cradle, 1963
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