I can't find any of my contracts right at this moment (and where is that box? Under the other 200 boxes...) but I know my first contract inserted a line saying basically that the publisher couldn't just settle any nuisance suit that came along, and then bill me for half of it--do you remember how to change this clause to provide a small amount of protection?
Or did my old agent really get me something unusual?
I believe it can be changed so that you have to give your (not unreasonably withheld) approval for defense of suit. Usually the publisher is going to be named anyway, regardless of whether or not you've agreed to hold them blameless contractually -- because the other party (i.e. the one doing the suing) sure didn't <wry g>.
"No settlement of a claim, suit, action or proceeding shall be final without Author's approval, which shall not be unreasonably withheld..."
Which is sort of clause 13.b.ii -- "no settlement shall be effected without prior written consent of the Author, which consent shall not unreasonably be withheld".
I'm not sure what the legal "unreasonably" means in this case. The publisher has maintained the right to hire its own legal counsel. But, umm. I guess if you don't want to settle, the whole thing can go to court, and the court can settle it for you, which will cost more.
Since I've never seen anyone sued for SF/F books before (there were one or two cases of plagiarism that tickle the back of my mind, but no particulars), I'm not sure how it works on a practical level.
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branchandroot
no subject
Date: 2004-09-21 08:44 pm (UTC)Or did my old agent really get me something unusual?
I believe it can be changed so that you have to give your (not unreasonably withheld) approval for defense of suit. Usually the publisher is going to be named anyway, regardless of whether or not you've agreed to hold them blameless contractually -- because the other party (i.e. the one doing the suing) sure didn't <wry g>.
"No settlement of a claim, suit, action or proceeding shall be final without Author's approval, which shall not be unreasonably withheld..."
Which is sort of clause 13.b.ii -- "no settlement shall be effected without prior written consent of the Author, which consent shall not unreasonably be withheld".
I'm not sure what the legal "unreasonably" means in this case. The publisher has maintained the right to hire its own legal counsel. But, umm. I guess if you don't want to settle, the whole thing can go to court, and the court can settle it for you, which will cost more.
Since I've never seen anyone sued for SF/F books before (there were one or two cases of plagiarism that tickle the back of my mind, but no particulars), I'm not sure how it works on a practical level.