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I am an artist operating out of my home. I recently created

 
JD 1992's Avatar
  • Answered by:JD 1992
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Customer Question

I am an artist operating out of my home. I recently created an image of a prominent gentleman who recently passed, and am seeking a licensing agreement with a company/foundation (which bears his name), to market posters and prints bearing the image. They have given my an agreement proposal to look over, and in it, they are asking that I have a "Comprehensive General and Commercial Liability Insurance Policy, with an amount of no less than US $1,000,000 for each occurence and $3,000,000 in the aggregate." My question is why, and is this really necessary? I am one of the few artists that currently holds a licensing agreement with an American motorcycle manufacturer, and my agreement with them has no insurance requirements at all in it. I appreciate your input, and thank you in advance.

 

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Country relating to Question: United States
State (if USA): California

Already Tried:
This is my first inquiry.

Submitted: 305 days and 13 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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Expert:  JD 1992 replied305 days and 13 hours ago.

No, for something like this it isn't really necessary under the law and for this type of product. This is probably just something some overanxious lawyer put in their general contract and they make it a condition. They can certainly require it if they choose but there is almost 0% chance they'll be sued over anything like this so it is overkill.


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We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

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Customer replied305 days and 12 hours ago.

What would be best to articulate to an attorney that has put this in their licensing agreement requirements? I'd be creating product on demand, the product is insured when it's shipped... this really doesn't apply in my case. Appreciate your inputs.

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Expert:  JD 1992 replied305 days and 12 hours ago.

You can suggest it's just not reasonable and offer to insert a disclaimer or waiver for the customer to sign acknowledging that the foundation/company is not involved and has no liability.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Customer replied305 days and 12 hours ago.

I appreciate your help. Thank you very much.

Accepted Answer

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Expert:  JD 1992 replied305 days and 12 hours ago.

Best wishes to you. Please don't forget to give a positive rating!

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.7 %
Accepts: 11379
Answered: 7/19/2012

Experience: Began practicing law in 1992

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