Copyright infringement

Garren Jacobsen · Jun 2, 2015

So quick question: every so often I see an article about an author getting sued for copyright infringement and I'm always curious if the author has to find their attorney or if the publisher (assuming one) picks up the attorney. And if the author picks their attorney who pays. Does anyone here have an answer?

Russ · Jun 2, 2015

Interesting question. Without giving legal advice I would suggest it varies from contract to contract and jurisdiction to jurisdiction.

Here are a couple of clauses from a contract I signed for a non-fiction WIP that might illuminate one fact scenario:

AUTHORS’ WARRANTIES
6. (a) The Authors warrant to the Publisher that the Work is original and that the Authors are the sole owners of the Work with full authority to copyright the Work and to make this Agreement. The Authors further warrant that the Work does not infringe any copyright, violate any property rights or contain any scandalous, obscene, libelous or unlawful material.

(b) The Authors warrant that the Authors have obtained, in writing, the permissions required from any copyright owner(s) or their legal representatives(s) or heir(s) for any copyrighted content quoted or used in the Work. The Authors will obtain such permissions at the Authors’ own expense, will list the permissions obtained and will submit the permissions to the Publisher with the manuscript.

(c) The terms of paragraph 6 shall survive the termination of this Agreement except in the event of termination pursuant to paragraph 9(d) or 16(b)(i).
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and

DEFENCE OF COPYRIGHT
8. (a) The Authors agree to co-operate fully in the defence of any claim brought against the Authors or Publisher in respect of the Work. The Authors will defend, indemnify and hold harmless the Publisher against all claims, actions, costs, damages, expenses and legal fees that the Publisher may sustain by reason of any breach of the Authors’ warranties set out in paragraph 6 or by failure to obtain and provide contributor’s warranties referred to in paragraph 7. Until such claim or action has been settled or withdrawn, the Publisher may withhold any sums due the Authors under this Agreement.

(b) The terms of paragraph 8 shall survive the termination of this Agreement except in the event of termination pursuant to paragraph 9(d) or 16(b)(i).
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Garren Jacobsen · Jun 2, 2015

So it looks to me that the author takes point on this, and pays the bills.

Russ · Jun 2, 2015

I would guess there would be plenty of bills to go around.

Garren Jacobsen · Jun 3, 2015

Lawyers love their billables, especially litigation ones.

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