Indemnity and liability for intellectual property.
Indemnity and liability for intellectual property.
(OP)
Indemnity and liability for intellectual property.
I'm an independent designer, and recently a new client has asked me to sign their lawyer's overly long contract (instead of my simple one). Included is a clause indemnifying them, and placing liability for any infringement of intellectual property that could conceivably be found in my design directly on me.
My question is, how much is indemnity insurance (should I chose to sign it seems I should have it) and how much insurance should one get?
Or should I insist that they modify the clause, to something like "will not KNOWINGLY infringe..."
The product is simple, and the productions runs will be so small (10K) that I doubt there's much opportunity for any infringement (in fact, the ID was done elsewhere, I'm only doing the part design).
Thanks for any advice
Andy
I'm an independent designer, and recently a new client has asked me to sign their lawyer's overly long contract (instead of my simple one). Included is a clause indemnifying them, and placing liability for any infringement of intellectual property that could conceivably be found in my design directly on me.
My question is, how much is indemnity insurance (should I chose to sign it seems I should have it) and how much insurance should one get?
Or should I insist that they modify the clause, to something like "will not KNOWINGLY infringe..."
The product is simple, and the productions runs will be so small (10K) that I doubt there's much opportunity for any infringement (in fact, the ID was done elsewhere, I'm only doing the part design).
Thanks for any advice
Andy





RE: Indemnity and liability for intellectual property.
Mike Halloran
NOT speaking for
DeAngelo Marine Exhaust Inc.
Ft. Lauderdale, FL, USA
RE: Indemnity and liability for intellectual property.
I don't see anything that is really a liability for me, since my only function is taking the design the ID person did, and turning it into plastic parts. Nevertheless, I don't want to ACCEPT liability, especially at the discount rate I bid.
It's *such* a small job (I doubt I'll bill more than 100 hours to them), I'm wondering if I should walk.
Cheers
Andy
RE: Indemnity and liability for intellectual property.
TTFN
RE: Indemnity and liability for intellectual property.
A
RE: Indemnity and liability for intellectual property.
The Lemuelson Foundation went around suing people for using barcodes that allegedly infringed on their patent. That was only 7 yrs ago, and more than 30 yrs after the invention of the barcode.
TTFN
RE: Indemnity and liability for intellectual property.
A
RE: Indemnity and liability for intellectual property.
After a few more suppliers tell them to go pound sand, they'll get the message.
Alternatively, if they refuse to change it wording, you could simply up your bid to cover the insurance premiums.
TTFN
RE: Indemnity and liability for intellectual property.
Sigh... Ya try to give a little guy a good deal, and he tries to take ya to the cleaners!
Heh.
RE: Indemnity and liability for intellectual property.
I asked the pastor to provide insurance to cover any damages and liability to me and the students arising from the operation. He came up with a hold harmless insurance policy covering the church hierarchy. I quit the program after seeing that.
Assy of God is now alternately known as Cornerstone Ministries. Check your paper's classified for ads by Cornerstone for car contributions. Sell it on the open market instead.
RE: Indemnity and liability for intellectual property.
Indemnification is not always insurable, particularly in the broad form you have described. Indemnification is a lawyer's term for shifting liability from one party to another, in this case from them to you.
Indemnification should always be tied to professional negligence. As an example, you would agree to indemnify them for your negligent actions, but not for just any professional action on the project.
RE: Indemnity and liability for intellectual property.
You and IR have given me some ammo/basis for dealing with this.
Best,
Andy
RE: Indemnity and liability for intellectual property.
Good luck.
Ron
RE: Indemnity and liability for intellectual property.
Good Luck
RE: Indemnity and liability for intellectual property.