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!