From time to time, authors ask whether they can and should buy insurance to protect themselves against claims for defamation, invasion of privacy, or copyright infringement arising out of the publication of their manuscripts.
At the outset, you should be aware that the vast majority of authors never purchase such insurance, and rightly so. First, most manuscripts simply do not present any meaningful legal risks. Second, many book and magazine publishers themselves carry "media perils" insurance. In most instances, the publishers would be joined as defendants in any lawsuit and would wage a vigorous defense, which could, in some instances, include a defense for the author. Indeed, some publishers have provisions in their insurance policies that allow them to name authors as "additional insureds." (Don't assume this is the case; if insurance is an important consideration with regard to a particular manuscript, you or your agent should ask what coverage, if any, the publisher provides for its authors.)
Nevertheless, for a variety of reasons, risk-averse authors sometimes wish to consider purchasing insurance coverage of their own. These days, the concern most often arises in the context of blogs or other online publishing where neither the author nor the web publisher has any applicable insurance. Also, in the context of academic literary publishing, small journals may not have insurance coverage for themselves or their authors. Moreover, even if a book publisher, for example, has insurance coverage, there could be exposure to the author for the publisher's deductible undeer its insurance policy (since publishing agreements almost always contain warranties whereby the authors promise that their manuscripts will not violate the rights of others).
Some writers organizations now offer insurance programs for their members. See, for example, this program offered by the Authors Guild. Crucially, the Authors Guild policy covers defense costs (which are frequently a greater concern than the risk of any ultimate liability to the plaintiff) and has a reasonable deductible of $2,500 to $5,000, depending on the policy. The Media Bloggers Association has announced a similar program specifically for its member bloggers.
Other groups that offer the opportunity to buy media perils insurance as a benefit of membership include the National Federation of Press Women and the Independent Book Publishers Association. (There may be additional requirements, such as experience in the profession and an absence of prior involvements with litigation, to receive discounted rates.)
Insurance companies such as Axis-Pro (formerly known as Media/Professional), the company that currently underwrites the Authors Guild policies, and First Media, among others, will also issue policies for individual writing projects. The premiums vary significantly by project. Often in order to obtain insurance on a book project, an insurer will insist that the manuscript be read by a lawyer, which can add several thousand dollars to the cost. If an author is seeking insurance to supplement the coverage of his or her book publisher, it may be possible, in some instances, to piggyback on a legal read performed by the publisher's lawyer.
University professors may be able to obtain insurance through the American Association of University Professors that covers a variety of professional hazards, including claims arising from articles published in academic journals; however, there may be limitations on the types of publications covered.
You should not rely on your homeowner's policy -- or even on your umbrella policy -- to provide protection from the kinds of claims that writers incur, unless your insurance professional has assured you that your policy specifically covers the relevant risks. See, for example, this discussion of claims against bloggers in the Wall Street Journal.
Of course, your first line of protection against lawsuits is to make sure you have your facts straight (truth is the ultimate defense in libel actions) and to respect the intellectual property of others (e.g., observe the principles of "fair use").
Again, the vast majority of writers will never need media perils insurance. However, if you are writing about highly contentious subjects, you may wish to explore the available options and determine whether the benefits of this specialized form of insurance are worth the not inconsiderable costs.
This is the first time that I have read about Libel protection for writers. I think this fits the editorials and journalists who expresses their opinions on people and events.ReplyDelete
This is really a nice and informative post. Libel insurance is very important for the writers and the media professionals. The bloggers nowadays also need to buy this form of liability protection. Media perils insurance is especially required by the newspaper or publishing houses as well as by the communication companies. Libel insurance covers the legal expenses if any person or organization sues the writer for defamation. The legal fees, expenses for defense, the damage awards etc. are paid for. Apart from the libel, such a policy should also cover slander, privacy invasions, trademark and copyright infringement, invasion of the right of publicity, and unfair competition etc. Some policies also cover losses due to punitive damages.ReplyDelete
Hi Mr. Fowler. I'm a lawyer myself but I came to your blog as a writer with a book I will soon self publish. Tonight I was looking at this great new ACX platform that brings together rights holders with narrators and producers to make audibooks. (Amazon owns it, as with so much else). I made the mistake of reading the (adhesion) contract tonight. The only bit that really troubled me was the indemnity clause. My work is original from front to back and doesn't tread on anybody's copyright, but the indemnity clause makes the writer responsible for legal defense costs for ANY claims regarding the author's title, as well as for any settlement or damage awards. Whoa! Of course the risk is very small but I am sure you see the problem! I mean, even a frivolous complaint which had to be answered (probably with some kind of counterclaim) and even bare discovery would be nigh on ruinous for most of us. I see a market for an insurance product that would cover legal defense costs authors in this new world of self publishing. I'd like to buy one myself if I could... The only other thing I can think of is to set up an LLC or some kind of company and assign the rights to the book to the company and have the company sign the deal with Amazon. But what a pain! Any update on this post? Any other thoughts?ReplyDelete
I am being advised that setting up such an LLC - will not stop an intrepid litigator coming after the Author personally. If you have any any evidence to suggest otherwise, I would love to hear it.ReplyDelete
I want to write and publish a family cookbook of tried-and-true recipes that I've used over the years. Is it lawful to use a recipe if I credit the source with the recipe? Also, what is the statute of limitations on using a recipe from a book 42 years old? Thank you for any information you can give me.ReplyDelete