Warranty and indemnity clause
This clause means that you, the author, are guaranteeing that your work is entirely your own and doesn't violate any copyright laws or contain any defamato
In plain English
This clause means that you, the author, are guaranteeing that your work is entirely your own and doesn't violate any copyright laws or contain any defamatory or illegal content. If any of these guarantees turn out to be untrue, you promise to compensate the publisher for any legal costs or damages they incur as a result.
What it means in practice
In practice, this clause puts the responsibility on you to ensure that your manuscript doesn't infringe on anyone else's intellectual property and doesn't contain any false or harmful statements. If someone sues the publisher because of something in your book, you may be required to cover the publisher's legal fees and any damages they have to pay.
What's standard
It is standard for authors to provide warranties about the originality and legality of their work and to agree to indemnify the publisher against certain claims.
Red flags
A clause that requires you to indemnify the publisher for any claim, regardless of its merit.
A lack of limitation on the types of claims for which you are responsible.
A requirement that you pay the publisher's legal fees even if the claim is frivolous.
What to ask for instead
Ask for language that limits your indemnity to breaches of your warranties and excludes claims that arise from the publisher's own negligence or actions. Also, ensure that the indemnity is proportional to the actual harm suffered by the publisher.
This is information, not legal advice. Contracts turn on their exact wording and your circumstances — before you sign, have a publishing lawyer or a body like the Society of Authors or the Authors Guild review the actual document.