Amy B. Ginensky Quoted in Poynter Article, 'Indemnity Clauses Leave Freelancers Open to Lawsuits'
Amy B. Ginensky, senior partner in Pepper Hamilton LLP’s Philadelphia office, former chair of the firm’s Commercial Litigation Practice Group and the leader of its media and communications practice, was quoted in the May 1, 2015 Poynter article, "Indemnity Clauses Leave Freelancers Open to Lawsuits."
Amy Ginensky is chair of First Amendment and communications practice at Pepper Hamilton in Philadelphia and is the outside First Amendment counsel for The Philadelphia Inquirer. She said she did not recall indemnity clauses coming up in litigation she has handled, but believes generally the clauses would hold up in court. “Reporters are intelligent people, and they sign the contract,” she said. “When people sign the contract, they are agreeing to what’s in it.”
Ginensky said a content portal, like YouTube, simply publishes whatever someone uploads. But that’s not the same with freelancers who work with editors, because then the publication is directly involved.
Practically, the indemnity clauses may not give employers much protection, simply because most reporters can’t financially afford big payouts. And if there is a suit, both the publisher and the reporter, regardless of the clause, will be at risk against the party who is suing.
“I see the point of the clause, because as a writer, you should feel very responsible—that you are on the hook for putting this story out there,” she said.
Content contributed by attorneys of Troutman Sanders LLP and Pepper Hamilton LLP prior to April 1, 2020, is included here, together with content contributed by attorneys of Troutman Pepper (the combined entity) after the merger date.