Re: License silence on indemnity.

I'm not a lawyer, but... we're going to need a lot more detail.

What _kind_ of IP was licensed? There seems to me (in the UK) to be a lot of use-and-practice involved.

What _kind_ of infringement is alleged?

And which side do you act for :-)

If for example, it were a writer licensing copy to a newspaper in the UK,

        and if the infringement were an infringement of another's 
        copyright, the writer would by use and practice be expected 
        to take some responsibility (though the aggrieved party might 
        follow the money and sue the publisher). If the writer were
        impecunious, the net result might be that the publisher 
        paid and the writer became a road-sweeper.
        
        but if the infringement were a libel, the writer, editor,
        publisher, printer and distributors would by statute be 
        jointly and severally liable (it's a _terrible_ statute!).

Several UK publishers are trying to get writers to sign contracts indemnifying them for infringements. Since these contracts also invariably assert the right to make arbitrary changes without consultation, all smart writers are refusing.  

Mike

Mike Holderness
<mch[_at_]cix.compulink.co.uk> Received on Fri Apr 26 1996 - 16:13:21 GMT