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Posted by doc on 06/23/06 00:32
wrong. if the client gives you a written statement of permission by
authority to use footage then you are operating within a domain of security
by letter which places no burden on you but on the one who gave the
permission and authority therein stating that they had they authority. i've
been here before and the burden of proof is in your hand when someone says,
"but you didn't have permission and authority" then you produce the letter
and immediately your out of the loop because not only do you have "hold
harmless" but you are authorized by the client who says he has the
authority.
will this stop you from being sued? NO. however, the burden of your
defense and it's associated costs are placed on the client who by contract
is "holding you harmless" which means he has to not only defend you to keep
you harmless in the matter but also pay if there is a loss because again he
agreed to hold you harmless and costs to defend and/or pay would be harm to
you and therefore you are held harmless by him.
drd
"Steve Guidry" <steveguidry1@earthlink.net> wrote in message
news:bvjhg.9843$921.3909@newsread4.news.pas.earthlink.net...
> You're answering your own question when you say that "I will get sued"
> over
> this. It seems to me that you have a business decision to make.
>
> If, as you say, you _will_ get sued, then _you_ will be the one who
> has
> to defend yourself. In my view, it is unlikely that the program producer
> (despite ANY agreement he may sign) will ever pony up a nickel to help
> you.
>
> Given the cost to defend oneself against even a frivolous lawsuit, MY
> business decision would be to walk away.
>
> Steve
>
>
> <rynato@gmail.com> wrote in message
> news:1149553701.449832.206790@f6g2000cwb.googlegroups.com...
>> I've been approached to edit a documentary. The budget is small but not
>> ridiculously miniscule... in other words it's worth accepting the job,
>> but for one catch...
>>
>>
>>
>> ...the topic at hand is a case of anti-semitic discrimination involving
>> an HOA and neighbors who worked to harass this man into moving out.
>>
>> I have learned enough about the situation and the proposed project
>> that I feel secure this is not just a vendetta nor is the guy a flake.
>> However these neighbors proved very litigious with him and I am
>> concerned that if I get involved in this project, I will end up getting
>> sued even if we are careful not to identify anyone by name nor show his
>> image.
>>
>> I would still like to work this project. What do you do in this
>> situation - what sort of agreement would be appropriate in this
>> situation? I am thinking of some sort of legal agreement that they will
>> assume the costs for any legal defense I may require if I am sued, plus
>> that they pay any damages which I am assessed should I be successfully
>> sued. This includes any suits for libel or slander.
>>
>> I am just the editor but I am assuming that I am legally exposed if
>> the former neighbors decide to get legal about this. As you all know we
>> live in a litigious society.
>>
>> Constructive advice appreciated.
>>
>
>
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