Hey Justin,
[Justin Cordes] “Is there some sort of legal document that I and my client can sign that will indemnify/protect said client from lawsuits”
I think that the word that you are looking for is called a “contract”. And yes, even if a client has signed said document, ignorance will not protect them. I.e. one would expect your client to use your production as part of their public marketing/training/PR materials and if it was to contain something obvious, like a piece of chart music, say Lady Gaga or a clip from the latest hit TV series, say Sopranos or True Blood, then they are responsible for distribution. And if they haven’t satisfied themselves that you had the rights to use that material, then they could be deemed guilty.
Take the case of Viacom v Youtube. As much as Youtube is not the “producer” they are the point of distribution/publication. Since Viacom is not going to gain much from suing a spotty 14 year old and their poor parents, but are likely to get more from a Google, then this made a natural target. The same goes for a one man band video producer working for a multi million dollar client – if your copyright had been breached, who would you go to for damages?
So it would be ignorance on your clients behalf to believe that a document would indemnify them from lawsuits, unless that document explicitly said that and stated all copyrighted materials had been cleared for release. In that case, it would come down to the honesty of the production company, i.e. you.
All the Best
Mads
London, UK
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