RE: Copyright as protection against liability

Subject: RE: Copyright as protection against liability
From: KMcLauchlan -at- chrysalis-its -dot- com
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Thu, 30 Aug 2001 14:12:47 -0400

So, I seem to be receiving the impression that, even
as a salaried tech writer for a network security and
encryption products company, I should go out and
find myself some professional liability insurance
because:

a) anybody suing my employer would naturally cast
the net as widely as possible, in hopes of
strip-mining any pocket that comes within reach or,

b) if my company was successfully sued (or even spent
a lot of money fending off a suit...) they might
in turn sue me to recover some of their costs?

Between a salaried/employee tech writer and a contract
tech writer, should an insurer prefer (or give preferential
rates to) the salaried one? Claims against an employee
should be rarer and easier (less costly) to defend,
given the reliable copyright status -- i.e., not held
by the insured.

Off-hand, I'd bet that it isn't even an issue for
salaried writers (the European article that started
this discussin notwithstanding).
But I'd be interested to know how many contractors do
have professional liability insurance. I'd also be
interested to know your reasons for NOT carrying such
insurance.
If you respond privately, I'll summarize for the list.

/kevin

>-----Original Message-----
>From: Dick Margulis [mailto:margulis -at- fiam -dot- net]

>What both Sean and Bruce are forgetting is that it really
>doesn't matter
>whether you are liable or not. What matters is the cost of defending
>yourself if you are sued, regardless of the outcome; and the fact that
>the employer or client holds the copyright is not going to prevent
>someone from suing you if they get a notion to do so. So the
>question is
>really whether you have any assurance that your legal bill will be paid
>by the copyright owner, and I suspect the answer is generally No.

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