29 July 2013
Publishing agreements usually include both a warranties clause and an indemnification clause. In the warranties clause, you warrant that your manuscript does not violate any copyright, does not defame anyone, or violate any privacy or other personal rights. In the indemnification clause, you agree to pay the publisher for any damages it suffers as a result of your breach of these warranties. As a minimum, you should limit your warranties to a “best of your knowledge” standard, and amend the standard indemnity clause by limiting your obligation to repay the publisher to “final judgments,” i.e., judgments that have been finally sustained after all appeals are exhausted. This will protect you from having to reimburse the publisher for frivolous lawsuits.
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