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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.
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 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
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Rachael G. Samberg, J.D., MLISScholarly Communication Officer & Program DirectorOffice of Scholarly Communication ServicesUniversity of California, Berkeley
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Guidance: lib.berkeley.edu/scholarly-communicationUpdates: @UCB_ScholComm