48. Publishing 301: Warranties & Indemnities
This week JJ and Kelly wrap up their Publishing 301 series with WARRANTIES and INDEMNITIES, or what you are actually on the hook for when you sign a publishing contract, so to speak. Also, they FINALLY have some recommendations for you this week, as both are slowly returning to consuming media after an entire summer off.
Definition of warranty: Anything that you hold to be true (e.g. "I warrant this work is original and the work belongs wholly and solely to me.")
Definition of indemnity: Anything you are not liable for (in this case, you are indemnifying the publisher and absolving them of any liability in the event litigation is brought against any of your warranted statements).
Warranties you will likely make in your contract:
That the work is original
That you are the author of your own work
That you are able to enter into this agreement
That your work has not previously been published elsewhere or not in the public domain (can be modified)
Any breach or violation of warranty means your publisher can cancel your contract because the agreement was not made in good faith, rendering the contract null and void.
The Warranties & Indemnities Clause is essentially the only materially important part of your contract—other broken clauses are generally considered "immaterial" (e.g. not turning your book in by your deadline) and can be amended.
Some contract language can be included to mitigate some of the author's personal liability (e.g. "to the best of the author's knowledge")
Otherwise the author is personally responsible for any and all financial damages
You can create an LLC (Limited Liability Company) for your work, wherein you can protect your personal assets (your mortgage, your car, etc.) if someone brings litigation against you—you can only be sued for the worth of your LLC (your work).
OF NOTE: Litigation and claims are INCREDIBLY RARE. Honestly, most authors don't make enough money for anyone to consider it worth it (sorry).
What We're Working On
Kelly is working on her YA WIP after a story suggestion from JJ. (Yay!)
JJ started Morning Pages.
Books Discussed/What We're Reading
The Raven King by Maggie Stiefvater
A Shadow Bright and Burning by Jessica Cluess
The Graces by Laure Eve
Every Heart a Doorway by Seanan McGuire
Crooked Kingdom by Leigh Bardugo
Off Menu Recommendations
What You're Saying
Great Inside Look ★★★★★ Biel6798 Trust me, if you're a book lover, you should give this a shot. Publishing Crawl is one of the few podcasts that I listen to regularly. JJ and Kelly have a light, easy rapport that is pleasant to listen to—obviously the result of their long friendship. If you want to become an author, work at a publishing house, or just love reading, this is a great podcast to listen to. My favorite aspects of the series thus far has been their Publishing 101 episodes, which really go in-depth on what the publishing process entails. I've also gotten so many good book recommendations out of this podcast; it's kind of ridiculous how closely my tastes align with the hosts.
Thank you so much for the kind review! And we are starting up recommendations again, huzzah!
That's all for this week! Next week we're talking about ADAPTATIONS—film, theatre, etc.—of books! As always, please leave us a comment if you have any questions you would like us to answer!