Liability & Legality

**fresh-d** · 10-15-2011, 03:59 PM

working on an insurance website and the client is giving me the exact same wordings that come from another insurance website.

i have talked to him about it and he says it's fine.

would this land me or him in any kind of trouble? i don't care about him as much, but would i be involved if he got in some sort of trouble.

**chrishirst** · 10-15-2011, 07:27 PM

Well, what can you say about insurance that is different, provided it is not a verbatim copy it should be fine.
There is probably fifty thousand other pages about insurance that all use the same or very similar wording, and this is where a good copywriter can make a world of difference to conversions.
Also insurance companies and brokers have to follow some fairly strict guidelines on what they can say and how it can be said in the advertising.

**fresh-d** · 10-15-2011, 07:58 PM

its the exact wording. copy and pasted

**vultren** · 10-16-2011, 04:33 AM

Quote:

Originally Posted by fresh-d

its the exact wording. copy and pasted

I've done it before. Just do it. Be sure to have them sign a contract at the end saying you're not responsible for any legal repercussions and any thing you put on his website is at his own risk, not yours.

**chrishirst** · 10-16-2011, 06:11 AM

Not forgetting to tell the client that if they want or expect referrals from Search using plagiarised content will not help.

**fresh-d** · 10-16-2011, 10:27 PM

Quote:

Originally Posted by vultren

I've done it before. Just do it. Be sure to have them sign a contract at the end saying you're not responsible for any legal repercussions and any thing you put on his website is at his own risk, not yours.

what options would i have for a contract? we are not seeing each other face to face, only through emailing and phone. do i send one over to him physically?

if so where can i get contract templates

**chrishirst** · 10-17-2011, 07:19 AM

http://www.labnol.org/software/sign-pdf-documents/9333/

**fresh-d** · 10-17-2011, 06:38 PM

thanks.

**Attorney Jaffe** · 10-20-2011, 01:38 PM

Under copyright law their is a concept known as contributory infringement. Contributory infringement arises when you have knowledge of the infringement and nevertheless act to contribute to it.

Your actions fall into this catagory.

While it is not often that the contributory infringer faces liability, it is a distinct possibility.

I would recommend you suggest to your client that he submit new original copy for you to post on his site.

**fresh-d** · 10-23-2011, 04:03 AM

so what would happen to me and my client if they decide to take action against us?

**chrishirst** · 10-23-2011, 08:38 AM

Quote:

Originally Posted by fresh-d

so what would happen to me and my client if they decide to take action against us?

Probably nothing at all beyond being ordered to remove the content.

To be able to claim any financial reparation (damages) the litigant would have to prove or demonstrate in some way, that the action of copying and republishing the content had caused them financial hardship or "negatively affected" their reputation in some way.

**fresh-d** · 11-20-2011, 01:14 PM

thanks for the info.

does anybody know what i need to put onto a contract if i want to avoid myself from any troubles that arises from the client using other people's content

**PlatinumContent** · 11-24-2011, 08:37 AM

Language similar to this should do ya. Caveat: IANAL.

"CLAUSE NO. .. - INTELLECTUAL PROPERTY INDEMNITY
"Client warrants that the use, or incorporation into Client's website of all content supplied to Designer shall be free and clear of infringement of any valid copyright, trade mark, mask works, or other proprietary rights. Client shall hold Designer harmless from any and all expenses, liability, and loss of any kind, including but not limited to attorney’s fees, all costs, expenses, and fees arising from claims, suits, or actions alleging such infringement, which claims, suits, or actions Seller agrees to defend."

Jonathan

**fresh-d** · 11-24-2011, 11:25 PM

Thanks so much! way better than anything i could ever think of.

**fresh-d** · 11-30-2011, 08:48 PM

is it also a good idea to put the website address into the contract? because what if the client moves the site to a new address, does that void the contract?

**chrishirst** · 12-01-2011, 06:52 AM

Quote:

Originally Posted by fresh-d

is it also a good idea to put the website address into the contract? because what if the client moves the site to a new address, does that void the contract?

Not unless you are licensing the end product.

You are being paid for a job, how the client uses that work after you have been paid is not your concern.

**fresh-d** · 12-01-2011, 09:25 AM

Cool. Thanks chrishirst