What You Don’t Clear Might Bite You:
The Author’s Warranty of Right to Publish
Every publication agreement requires the author to warrant that their work does not violate the rights of any third parties. This talk will touch briefly on what rights are protected by copyrights, trademarks, and the rights of publicity/privacy (including limitations such as fair use) and then focus on clearances for book publication and marketing activities. Many, if not most, publication agreements now require the author to do the clearance work for their books and, of course, the author is responsible for any errors. All authors should understand what they are warranting in their publication agreement and what they need to do for proper clearance of their work.
Marie practices exclusively in the area of intellectual property law – copyrights, trademarks, IP-related contracts, and select litigation. She helps businesses, entrepreneurs, and individuals protect their valuable rights. She represents both authors and publishers in the highly specialized area of publication agreements.