Thank you, Katie and Rachael, for your helpful responses!
Anneliese
________________________________
From: Scholarly Communications CKG <[log in to unmask]> on behalf of Katie Fortney <[log in to unmask]>
Sent: Tuesday, January 11, 2022 9:51 AM
To: [log in to unmask] <[log in to unmask]>
Subject: Re: [SCCKG] Indemnification clause in publication agreement
CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Yep, what Rachael said. FWIW, we've got similar language in ž ž ž ž ž ž ž ž ž ž ž ž ž ž ž ž ZjQcmQRYFpfptBannerStart
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Yep, what Rachael said.
FWIW, we've got similar language in the eScholarship sample author agreement<https://urldefense.com/v3/__https://help.escholarship.org/support/solutions/articles/9000128025-what-permissions-do-authors-grant-to-escholarship-journals-__;!!LQC6Cpwp!7sICQo_k0o3jdyOSdNDpvzPuqr-4Bb8hzhz22FePYfG-67CDALoO2xpHtZ6SdX1Uc-9QyQ$>. Ditto the model publishing agreements (1<https://urldefense.com/v3/__http://wiki.publishing.umich.edu/sites/mpublishing/uploads/d/d3/Author-journal_article_license.pdf__;!!LQC6Cpwp!7sICQo_k0o3jdyOSdNDpvzPuqr-4Bb8hzhz22FePYfG-67CDALoO2xpHtZ6SdX3vxyF9mQ$>, 2<https://urldefense.com/v3/__http://wiki.publishing.umich.edu/sites/mpublishing/uploads/c/ca/Author-journal_article_transfer.pdf__;!!LQC6Cpwp!7sICQo_k0o3jdyOSdNDpvzPuqr-4Bb8hzhz22FePYfG-67CDALoO2xpHtZ6SdX1s1oDXgA$>) from Michigan (though there it's the briefer "The Corresponding Author agrees to hold the Journal harmless from any breach of the aforestated representations.").
Best,
Katie
Katie Fortney, J.D., M.L.I.S.
Copyright Policy & Education Officer
California Digital Library
UC Office of the President
[telecommuting from Santa Cruz]
Pronouns: she, her, hers
On Mon, Jan 10, 2022 at 3:19 PM Rachael Samberg <[log in to unmask]<mailto:[log in to unmask]>> wrote:
Hi, Anneliese. This is really standard and it's going to likely need to be a conversation between you and the author in which you explain that this is only the publisher's reliance on what the author is representing (i.e. that they're not stealing anyone's stuff) -- meaning there's nothing to worry about provided that the author is, in fact, not making misrepresentations about what's theirs.
On Mon, Jan 10, 2022 at 2:41 PM Taylor, Anneliese <[log in to unmask]<mailto:[log in to unmask]>> wrote:
Happy New Year, SCCKG! A UCSF author has concerns over this phrase in a journal article publication agreement:
You will keep us and our affiliates indemnified in full against all loss, damages, injury, costs and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by us as a result of your breach of the warranties given in this
agreement.”
The author has been unsuccessful in having the publication agreement modified to strike this clause, which they've been ablet to strike with journals in the past. This is for an OA journal btw. As far as I've seen, and per the publisher's word, this is standard language that's included in many author agreements and backs up the author's warranties (for ownership of work, rights to publish, etc.). I found this helpful LSU<https://urldefense.com/v3/__https://www.lib.lsu.edu/services/copyright/resources/basicpublication__;!!LQC6Cpwp!7sICQo_k0o3jdyOSdNDpvzPuqr-4Bb8hzhz22FePYfG-67CDALoO2xpHtZ6SdX2DB47hMA$> 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<https://urldefense.com/v3/__http://lib.berkeley.edu/scholarly-communication__;!!LQC6Cpwp!7sICQo_k0o3jdyOSdNDpvzPuqr-4Bb8hzhz22FePYfG-67CDALoO2xpHtZ6SdX1UdToZ8Q$>
Updates: @UCB_ScholComm
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