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You've  worked hard  earning every penny of your ebook and print book profits - so imagine losing it all in  a legal  battle over the originality of your story or characters. Today, just the act of defending yourself in court,  regardless if you're found guilty or innocent, could create financial ruin. 

Does this really happen and do authors really need to protect themselves?
  
This great question was posed to me recently and it's one I hadn’t really thought about, before now. Since Mary’s book was centered around herself and her family, she was in a lot less danger of being sued over copyright infringements or misrepresentations. But, for authors not writing memoirs or autobiographies, they may want to consider protecting themselves, especially since we live in such a litigious world. Just ask J.K. Rowling, who had to defend her idea of the Triwizard Tournament she wrote about in the 4th book of the Harry Potter series. Fortunately, she was on her way to becoming the first billionaire author, so she had a cushion to fall back on.  But, the average author is not as lucky.

As I researched this subject, I learned that surprisingly all authors, even those publishing traditionally, need to consider carrying liability insurance as the traditional publishing houses are no longer fully protecting authors under their policies.

For more information on the reasons and resources for obtaining coverage, check out this interesting
article by Amy Cook on the Writers Digest website.

Do you think it’s necessary to have Liability Insurance? Have you purchased a policy and/or faced a legal battle over your book?

I’d love to hear your thoughts and experiences.

--
Andrea Bandle
Writer/Editor, Co-Founder
editor@helpmeselfpublish.com
@HelpMeSelfPub

 


Comments

03/28/2012 11:48

Andrea: Since I have practiced law for more than 25 years, I probably have a different view than some people. I think it is extremely unlikely that most writers would ever get sued for something they write in a book. This, of course, assumes that the writer has not made a point of writing something obviously malicious and untrue about someone. I haven't priced any of these policies, so I don't have a sense of what they cost. If they are cheap, and they should be considering the slight risk of a claim, they might be worth spending a few dollars just for the peace of mind they might provide. But more than likely a writer is better served spending those dollars promoting his or her book rather than paying them to an insurance company.

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03/28/2012 15:21

Thanks, Stephen for sharing your expertise. It's great to hear from a lawyer!

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07/19/2012 19:49

A major chain wants to carry my book but I'm told I need it insured!
could someone call me 310 562 3990.
Sent from my iPad

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03/28/2012 17:22

I have been writing biographies and children's nonfiction for over twenty years and never considered the need for insurance. I interview my subjects and quote them verbatim. I ask other experts and editors to help fact check and I am as careful as possible. But now you have my attention. Do I really need insurance now?

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03/28/2012 18:12

I don't have much expertise in insurance, but I've done some work with interviews, mostly for documentaries. I'd say the best thing in that case is to make sure you always get signed release forms from your subjects. Keep a copy for yourself and give one to the person you're interviewing. Then at least you have something to fall back on should a problem ever arise. The form should specifically include how the information will be used, and (if) how the interviewee will be compensated.

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03/29/2012 05:31

Yes, Fel, I can see the need for a signed release. I have always asked my interview subjects to say on tape or video that they agree to allow me to interview them for a biography. However, having a signed released would also confirm this agreement. I have never paid my subjects for interview nor allowed them to change my text before publication. Each subject receives a copy of my book, but only once did I hear a comment from a subject who said, "Well, I wouldn't have written it that way."
I wouldn't know what kind of insurance to buy and how to find it.

03/29/2012 06:26

I work in the insurance industry. One of the best reasons for buying liability insurance is that it pays for your legal defense if you get sued. Even with release forms in hand, you may still get sued. The suit might be groundless, but you'll still incur the cost of hiring a lawyer to get it thrown out. In this case, the policy may be more "legal costs insurance" than liability insurance. I agree, most authors won't end up being legally liable for damages, but defending the suit can be expensive.

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03/29/2012 06:46

Also, to be clear, while I am a novelist and hold an insurance broker's license, I don't sell insurance, so I don't have a dog in this hunt other than as a potential buyer.

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03/29/2012 07:44

Whitney, you have valid concerns. I agree with Tim that even though you could have all of your ducks in a row, it doesn't protect you from having to defend yourself. Today, since authors have to also consider themselves business owners, it doesn't hurt to at least look into how much liability insurance may cost. I'm assuming it should be relatively inexpensive due to the low risk, but can offer peace of mind - especially in a world where frivilous lawsuits tend to be the norm instead of the expception. Other than the links on the Writers Digest article I referenced, you can start by talking to your personal lines agent.

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03/29/2012 08:18

I agree with Tim that the main thing one would get from such a policy is protection from the cost to defend a claim. However, I still think that the chances of a suit are extremely remote and unless the policy is very cheap an author is just wasting his or her money to buy it.

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03/30/2012 20:01

Yes, I too would expect the insurance to be extremely affordable since the risk is so low.

03/31/2012 05:29

I've been thinking about all this over the past few days and now see the value in, at least, examining insurance policies. I buy insurance for home, health, teeth, travel, my husband's guitars, so why not book liability. I have seen doctors I know being sued for absurd reasons. The claims are thrown out, but the doctors waste hours and hours on preparation for deposition, and working with hospital lawyers. I would have to find and pay for a lawyer myself if someone brings an equally absurd lawsuit against me for publishing something they said to me in an interview. I am working on a WWII story, based on a family's very personal documents. That seems to me a good book to insure before publication.

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03/31/2012 13:07

I'm really glad you found some value in this discussion. It's unfortunate that we live in a time of frivolous lawsuits that we even have to think about protecting ourselves in this manner. I believe that liability insurance should cover you for any book that you write now and in the future, not just the WWII story and as Stephen said, should be relatively cheap as the risk is very low. Please let us what you learn about it and how much it turns out to be. Thanks and good luck!

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Sally ruffner
01/13/2013 11:19

An interesting discussion and I would love to hear advice from the lawyer again. I have self published a fictionally biography pertaining to the work that I do. All of the names have been changed including locations. I also wrote under a pen name, of which I am told by my publisher identity would be protected. However, I pulled the book from distribution because I got very nervous about being sued if anybody could tie the stories back to me. This book, a personal journey and accomplishment that I am proud of, isn't shared right now with anybody. Tow questions: does an umbrella policy help to cover potential liability? 2. What risk level do I have with the information I have provided you? 3. Should I pursue or just lay this to rest until I retire?

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01/13/2013 15:43

It sounds like you've really attempted to protect the anonymity of both yourself and the people mentioned in your book. Although, I believe the threat is extremely low, I don't have the specific answers to your questions. I suggest you speak to an insurance agent as well as a lawyer with experience in publishing. Both should provide you with a consultation as well as some peace of mind. Good luck and please let us know what you find out.

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05/03/2013 18:05

I'd like to buy liability insurance. I have a new book coming out on the JFK assassination. Most of the media insurance I have investigated is terribly expensive. My homeowner's policy covers slander, defamation and libel, but one exclusion is for "business issues." I don't have a "business" but I am publishing a for profit book with a major publisher. Any suggestions? The one policy I checked was very expensive. Jerry Kroth

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05/04/2013 12:35

Congratulations, Jerry on your upcoming book getting published. I'm sorry you've been having trouble finding affordable liability coverage. You might start by asking your publisher how much coverage they recommend (or insist) you carry, since it's being published through their company. Other than that, the best advice I can offer is to check out these author related resources, (if you haven't already), per Amy Cook at Writer's Digest: "You can find more information about individual liability insurance from a variety of organizations. The Authors Guild (www.authorsguild.org) supplies members with a list of recommended providers. The National Writers Union (www.nwu.org) was forced to discontinue offering a libel insurance policy, but may still advise members. Other writer and publisher organizations do still offer liability insurance as a member benefit—look into joining the Small Publishers Association of North America (www.spannet.org) or Publish-ers Marketing Association (www.pma-online.org)." Best of luck! ~ Andrea

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