A: Stephen E. Gillen, Authoring Attorney, Greenebaum Doll & McDonald, PLLC:

"A good list of exposures can be found in the section of the publishing contract generally called 'Author's Representations and Warranties.' Located there is a laundry list of promises that the author makes to her/his publisher about the work being delivered, including that it doesn't:

• Infringe any other copyrighted work
• Contain statements that are defamatory
• Invade another's right of privacy or publicity
• Infringe upon any other's trademark rights
• Contain careless and erroneous instructions or a recipe that are likely to cause injury to the reader if followed
• Disclose trade secrets belonging to someone else.
• And that it isn't obscene

Generally, the author is obliged to defend any claims that would constitute a breach of any of these promises and to indemnify the publisher for any claim awarded as a result."

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