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BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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Hi. Im hiring a editor to do Developmental Editing, Copy editing

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Hi. I'm hiring a editor to do Developmental Editing, Copy editing and Proofreading. I made for this company a work for hire agreement. I sent her the contract by e-mail. She sent it back with a electronic signature (not handwriting), from her e-mail. I have her e-mail in the contract and as a way to delivery. However, she told me that the copy editing and proof reading work will be done by different people say A and B through her company. So, I asked her their names of A and B. I sent to her the contracts with the others peoples names, and she has sent back electronic signatures. I didn't received an email from A and B, directly because she asked me to sent them to her. My question is, are the contracts for A and B valid? can A and B claim they never sign anything? or is appropriate to receive this contracts this way. Are electronic signatures acceptable?Thanks.

<span class="JA_chatAuthorName"Customer :

Hello, I will be assisting you.

<span class="JA_chatAuthorName"Customer :

Let me review the question. I will need to log off in the process, so please bear with me.

JACUSTOMER-clo5jj69- :

okay.

<span class="JA_chatAuthorName"Customer :

Generally speaking, an electronic signature is generally a valid acknowledgement of a contract.

<span class="JA_chatAuthorName"Customer :

question: did you send separate contracts to A & B as well? Did you note that A &B work for the Developmental Editing company you are hiring? Final question for now, is there in fact a Developmental Editing company -- meaning is there a separate legal entity such as a corp/LLC and does it appear as such in the agreement that was electronically signed?

JACUSTOMER-clo5jj69- :

did you send separate contracts to A & B as well?yes.

JACUSTOMER-clo5jj69- :

question: did you send separate contracts to A & B as well? Did you note that A &B work for the Developmental Editing company you are hiring? Final question for now, is there in fact a Developmental Editing company -- meaning is there a separate legal entity such as a corp/LLC and does it appear as such in the agreement that was electronically signed?

JACUSTOMER-clo5jj69- :

did you send separate contracts to A & B as well? yes.Did you note that A &B work for the Developmental Editing company you are hiring? Final question for now, is there in fact a Developmental Editing company -- meaning is there a separate legal entity such as a corp/LLC and does it appear as such in the agreement that was electronically signed?

JACUSTOMER-clo5jj69- :

Did you note that A &B work for the Developmental Editing company you are hiring?no. they are hired by the original editor. and they work for her. She hired them to do the job, and she has explained that in a email.

JACUSTOMER-clo5jj69- :

Final question for now, is there in fact a Developmental Editing company -- meaning is there a separate legal entity such as a corp/LLC and does it appear as such in the agreement that was electronically signed? yes. there is an entity that the original editor told me to put in the contract. as she has requested in her e-mail, and provided the name of the different people that will work in the book.

JACUSTOMER-clo5jj69- :

I apologized for the two paragraph I repeated by mistake next to my answers. Hope you can read them with no problem. Thanks.

<span class="JA_chatAuthorName"Customer :

Generally speaking if A & B work for the publisher then you could enter into a direct agreement with them but may complicate matters (as is happening right now) Generally you in your agreement with he publisher you would note that the work performed by subs (A&B) would also be work for hire and you have the publisher indemnify you in the event it is not.

<span class="JA_chatAuthorName"Customer :

Since you did send agreements to A & B you should ask them to sign the agreement or have them and the publishing company send you a written statement that A&B cannot enter into a direct agreement with as they contractually obligated to provide services to the publishing company.

<span class="JA_chatAuthorName"Customer :

so to answer your question, the contract with A&B have not yet been entered into however you may not need them since A&B are employed by the publishing company and your agreement with the publishing company would suffice.

<span class="JA_chatAuthorName"Customer :

as noted e-signatures are acceptable and are generally deemed to represent a full acceptance of the terms contemplated

<span class="JA_chatAuthorName"Customer :

let me correct a couple of typos in a prior paragraph: Since you did send agreements to A & B you should either ask them to sign the agreements you sent or in the alternative have them and/or the publishing company send you a written statement that A&B cannot enter into a direct agreement with you as they are contractually obligated to provide services to the publishing company. This would cancel the agreements you extended to A&B and only the agreement between you and the publishing company will exist and be controlling

<span class="JA_chatAuthorName"Customer :

Thank you for allowing me to assist you

<span class="JA_chatAuthorName"Customer :

Please rate my service

<span class="JA_chatAuthorName"Customer :

Without your rating I do not get compensated for my work

JACUSTOMER-clo5jj69- :

Thanks for your answer. I think everything is clear now. I'm satisfied.

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Customer: replied 3 years ago.


Hi. I have an additional question. Is my turn to sign a contract with the editor and is okay for me to sign. However, they showed in their contract other LLC name. I have asked them is this llc is the same company I have put in my contract.


There is a second question. I have a clause that I would like you know what it means.


 


It says:


 


"Editing is intrinsically a process of offering advice and suggestions to the AUTHOR. While the EDITOR will make every effort to bring questionable material to the attention of the AUTHOR, the AUTHOR agrees to indemnify and save harmless the EDITOR from any and all claims or demands, including legal fees, arising out of any alleged libel or copyright infringement committed by the AUTHOR in creating the work."


 


Thanks.


 


 

I would be happy to further assist you further. Under the term of service you should start a new question for each topic. Please request me (you can write "forCustomeronly")

Thank you. Looking forward

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