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Permlink Replies: 16 - Pages: 2 [ 1 2 | Next ] - Last Post: May 20, 2017 4:53 PM Last Post By: booknookbiz
stephen daly

Posts: 19
Registered: 01/21/16
Worldwide Insurance?
Posted: Apr 10, 2017 10:06 AM
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Okay everyone, so I started out in kindle publisihing 14 months ago, for the past 8 months it has been my full time job/income. My quesiton is, I have all my tax sorted with my accountant but she asked me something that I never thought of; "Do you have insurance? libability and professional indemnity insurance?"
I must admit it was something that never even crossed my back, I mean amazon surely has got my back rite? Well after some researching online I am 100% sure that the answer is a big fat NO! amazon most certinaly does not have my back covered. After speaking with my solicitor (I am uk based) he confirmed that the self-publishing process is indeed complex and I am leaving myself open to litigation, ie if someone was injured after taking some advice in my book or if I unwittingly infringed on someones copyright by mistake. While he agreed that a disclaimer at the start of the book would "take the edge off" but the harsh reality is I could be sued. I contacted some insurance companies but they would not insure me as my books and ebooks are sold in different countries therefore they could not provide me with insurance.

My question is, am I totally paranoid? Is there a way to cover my ass that I am unaware of? Any information would be greatly appriciated.

Kindest Regards,

Steve
Jonathan B

Posts: 4,358
Registered: 10/23/12
Re: Worldwide Insurance?
Posted: Apr 10, 2017 10:33 AM   in response to: stephen daly in response to: stephen daly
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What type of books do you sell?
stephen daly

Posts: 19
Registered: 01/21/16
Re: Worldwide Insurance?
Posted: Apr 10, 2017 10:36 AM   in response to: Jonathan B in response to: Jonathan B
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Lots fo differnt types, the ones I am worried about are the fitness & exercise ones
Jonathan B

Posts: 4,358
Registered: 10/23/12
Re: Worldwide Insurance?
Posted: Apr 10, 2017 11:22 AM   in response to: stephen daly in response to: stephen daly
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I'm not a lawyer, but you may be overly concerned. I have one fitness book, and I have not bothered to get insurance. First, mine deals mostly with research, so frankly, I don't see the liability there. And while I do demonstrate some common exercises, I am not advocating any specific routine, only that muscle mass has demonstrable benefits.

Second, while your book may be sold worldwide, in reality, the reach of a lawsuit would be limited. Someone who purchases a book in Japan, for example, would have a difficult time pursuing a lawsuit in the UK.

If you were really concerned, you could get separate insurance only for your home country.

As I posted, though, I am not a lawyer, so don't take what I've posted as legal advice.
Notjohn

Posts: 21,525
Registered: 02/27/13
Re: Worldwide Insurance?
Posted: Apr 10, 2017 12:26 PM   in response to: stephen daly in response to: stephen daly
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I have been a freelance writer for more years than I care to count (there are no retirement programs for writers). I've always had major medical insurance and umbrella insurance on my home and automobiles. But I've never had liability insurance (well, beyond the guy that rakes my lawn, which comes with the household insurance). For one thing, I doubt that I or you could afford it if we could find it.

Good luck! -- NJ

The book: Notjohn's Guide to E-Book Formatting (and print as well!)

The blog: http://notjohnkdp.blogspot.com
Joseph M Erhardt

Posts: 3,590
Registered: 12/21/15
Re: Worldwide Insurance?
Posted: Apr 10, 2017 12:33 PM   in response to: stephen daly in response to: stephen daly
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For books where you're actually offering advice, you might consider incorporating or using an LLC. Transfer the rights to the work to the Inc or LLC in exchange for royalties. I think this is how it's generally handled. Talk to a business attorney. There'll be some extra bookkeeping to keep up the fiction that the Inc or LLC is a different legal person, but that's life. Then, if the sh*t should hit the fan, your Inc or LLC may go out of business, but at least your personal stuff is protected.

Disclaimer: I am not a lawyer. See one.
stephen daly

Posts: 19
Registered: 01/21/16
Re: Worldwide Insurance?
Posted: Apr 10, 2017 1:00 PM   in response to: Joseph M Erhardt in response to: Joseph M Erhardt
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Thanks for all the replies. I admit I am most overly concerned I just would hate something unexpected to happen but I guess thats life. I have looked into form an llc company but it is complex here in Ireland and not a option for me at the moment as I am not earning enought as a writer, you must be clearing in excess of 78k a year here to form one. I think the best option is to get some insurance policies to cover my ass here in ireland and not worry overly about this and try get back to concentrating on my wirting etc. It seems that everything is so well regulated these days yet when it comes to writing or anything artists its like everyone just throws caution to the wind. i imagine amazon would also be responsible somewhat though seeming as they are essentially supplying the books and approved its content.
stephen daly

Posts: 19
Registered: 01/21/16
Re: Worldwide Insurance?
Posted: Apr 10, 2017 1:02 PM   in response to: Joseph M Erhardt in response to: Joseph M Erhardt
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Thanks again for the replies. This forum is literally my only contact with fellow writers.publishers! Its great to know other people are on the same road as myself.
writerbn

Posts: 4,412
Registered: 05/12/12
Re: Worldwide Insurance?
Posted: Apr 10, 2017 1:25 PM   in response to: Joseph M Erhardt in response to: Joseph M Erhardt
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Joseph M Erhardt wrote:
Then, if the sh*t should hit the fan, your Inc or LLC may go out of business, but at least your personal stuff is protected.
That's how it's supposed to work, but an expensive lawyer can easily find a way to "pierce the corporate veil" and you can still lose everything.

The type of insurance the OP would need is commonly called "errors and omissions" insurance, and it's not cheap. If you do business as a freelance writer with most government agencies, it's often required. Publishing a book on KDP is a different situation, though.

To the OP: As others have said, consult a good lawyer (and by good, I mean one experienced in such matters, not one of high moral virtue).
blaze99

Posts: 144
Registered: 02/23/12
Re: Worldwide Insurance?
Posted: Apr 10, 2017 1:25 PM   in response to: stephen daly in response to: stephen daly
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I would like to advise you, but then I might be liable for the consequences.
angelina tan

Posts: 389
Registered: 03/23/15
Re: Worldwide Insurance?
Posted: Apr 10, 2017 1:28 PM   in response to: stephen daly in response to: stephen daly
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stephen daly wrote:
Okay everyone, so I started out in kindle publisihing 14 months ago, for the past 8 months it has been my full time job/income. My quesiton is, I have all my tax sorted with my accountant but she asked me something that I never thought of; "Do you have insurance? libability and professional indemnity insurance?"
I must admit it was something that never even crossed my back, I mean amazon surely has got my back rite? Well after some researching online I am 100% sure that the answer is a big fat NO! amazon most certinaly does not have my back covered. After speaking with my solicitor (I am uk based) he confirmed that the self-publishing process is indeed complex and I am leaving myself open to litigation, ie if someone was injured after taking some advice in my book or if I unwittingly infringed on someones copyright by mistake. While he agreed that a disclaimer at the start of the book would "take the edge off" but the harsh reality is I could be sued. I contacted some insurance companies but they would not insure me as my books and ebooks are sold in different countries therefore they could not provide me with insurance.

My question is, am I totally paranoid? Is there a way to cover my ass that I am unaware of? Any information would be greatly appriciated.

Kindest Regards,

Steve


Hi Steve,

Allow me to throw my two cents in-

Perhaps I'm being cynical in my old age, but I have observed that insurance companies aren't necessarily in the business of insuring people. They are mostly in it to insure themselves.

I've met people who were insured only to find themselves battling alone in the end.

Disclaimer: Don't take my word for it, though.

Blessings,

Angelin
Diana Persaud

Posts: 2,353
Registered: 10/07/13
Re: Worldwide Insurance?
Posted: Apr 10, 2017 2:16 PM   in response to: stephen daly in response to: stephen daly
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stephen daly wrote:
Thanks for all the replies. I admit I am most overly concerned I just would hate something unexpected to happen but I guess thats life. I have looked into form an llc company but it is complex here in Ireland and not a option for me at the moment as I am not earning enought as a writer, you must be clearing in excess of 78k a year here to form one. I think the best option is to get some insurance policies to cover my ass here in ireland and not worry overly about this and try get back to concentrating on my wirting etc. It seems that everything is so well regulated these days yet when it comes to writing or anything artists its like everyone just throws caution to the wind. i imagine amazon would also be responsible somewhat though seeming as they are essentially supplying the books and approved its content.

No, Amazon isn't responsible. You are the publisher and YOU are responsible. You really should seek a lawyer's advice. If you can't afford one, then you shouldn't be publishing anything that might get you sued.
Daniel Jeffrey ...

Posts: 2
Registered: 01/18/15
Re: Worldwide Insurance?
Posted: May 17, 2017 4:06 AM   in response to: stephen daly in response to: stephen daly
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Hi Steve, I am writing from Germany. I haven´t started yet but I was trying to learn about insurance especially in the case of unwittingly infringing on someones copyright by mistake, as you wrote so nicely. I spoke to a few insurance agencies and it seems quite complicated because a lot of them do not want to insure against copyright infringement especially not in the US or Canada, obviously. They offered me insurance on legal protection in defending such copyright claims from a third party. But this would only cover the lawsuit not the compensation for the damage, once being guilty. As soon as I have some Updates I will post it here. Best, Daniel
Daniel Jeffrey ...

Posts: 2
Registered: 01/18/15
Re: Worldwide Insurance?
Posted: May 19, 2017 1:19 AM   in response to: Daniel Jeffrey ... in response to: Daniel Jeffrey ...
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Update: Hi Steve, I talked to someone from the Insurance Company Markel and they are offering a so called Media liability insurance especially for Self Publishing for "Errors and Omissions Insurance" in german "Vermögensschaden Haftpflichtversicherung", not quite sure about the translation. They are selling it in Germany through a website called exali.de. I assume there will also be an Agent in other countries as well. The Insurance works worldwide including US and Canada which seems to be a red flag for many other insurance companies. The price is around EUR 450 a year depending on the coverage assumed. I think I am going to call them for more information. Best, Daniel
Diana Persaud

Posts: 2,353
Registered: 10/07/13
Re: Worldwide Insurance?
Posted: May 19, 2017 11:35 AM   in response to: Daniel Jeffrey ... in response to: Daniel Jeffrey ...
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Daniel Jeffrey Koch wrote:
Update: Hi Steve, I talked to someone from the Insurance Company Markel and they are offering a so called Media liability insurance especially for Self Publishing for "Errors and Omissions Insurance" in german "Vermögensschaden Haftpflichtversicherung", not quite sure about the translation. They are selling it in Germany through a website called exali.de. I assume there will also be an Agent in other countries as well. The Insurance works worldwide including US and Canada which seems to be a red flag for many other insurance companies. The price is around EUR 450 a year depending on the coverage assumed. I think I am going to call them for more information. Best, Daniel

I don't understand what you mean by being a red flag? What is a red flag?
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