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Subject:
From:
Rachael Samberg <[log in to unmask]>
Reply To:
Rachael Samberg <[log in to unmask]>
Date:
Mon, 10 Jan 2022 15:17:01 -0800
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Hi, Anneliese. This is really standard and it's going to likely need to be
a conversation between you and the author in which you explain that this is
only the publisher's reliance on what the author is representing (i.e. that
they're not stealing anyone's stuff) -- meaning there's nothing to worry
about provided that the author is, in fact, not making misrepresentations
about what's theirs.

On Mon, Jan 10, 2022 at 2:41 PM Taylor, Anneliese <
[log in to unmask]> wrote:

> Happy New Year, SCCKG! A UCSF author has concerns over this phrase in a
> journal article publication agreement:
>
> You will keep us and our affiliates indemnified in full against all loss,
> damages, injury, costs and expenses (including legal and other professional
> fees and expenses) awarded against or incurred or paid by us as a result of
> your breach of the warranties given in this
>
> agreement.”
>
> The author has been unsuccessful in having the publication agreement
> modified to strike this clause, which they've been ablet to strike with
> journals in the past. This is for an OA journal btw. As far as I've seen,
> and per the publisher's word, this is standard language that's included in
> many author agreements and backs up the author's warranties (for ownership
> of work, rights to publish, etc.). I found this helpful LSU
> <https://www.lib.lsu.edu/services/copyright/resources/basicpublication>
> page breaking down agreements as well.
>
> If anyone has any thoughts on including/removing/modifying this type of
> language, I'm happy to chat by phone as well.
>
> Thanks!
> Anneliese
>


-- 
Rachael G. Samberg, J.D., MLIS
Scholarly Communication Officer & Program Director
Office of Scholarly Communication Services
University of California, Berkeley
Doe Library, 189 Annex
Berkeley, CA  94720-6000
Pronouns: she/her

*Guidance*: lib.berkeley.edu/scholarly-communication
*Updates*: @UCB_ScholComm


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