Module 2: Publishing Agreements - Warranties

Make sure you read all of the publishing agreement. By signing, you are agreeing to do certain things that you may not have done. You will be held to that agreement. If you fail to comply, bad things can happen.

Warranties.
You warrant to the Proprietor that the Contribution is your original work, that you have the full power and authority to enter into this Agreement and to convey the rights granted herein to the Proprietor and to submit the work for first publication in the Journal and that it is not being considered for publication elsewhere and has not already been published elsewhere, either in printed or electronic form, that you have obtained and enclose all necessary permissions for the reproduction of any copyright works not owned by you (including artistic works, e.g. illustrations, photographs, charts, maps, other visual material, etc.) contained in the Contribution and any Supplemental Material you provide and that you have acknowledged the source(s), that the Contribution and any Supplemental Material you provide contain no violation of any existing copyright, other third party rights or any defamatory or untrue statements
and do not infringe any rights of others.

You further agree to be bound by the Terms of the Agreement provided herein as part of this Agreement which outline the circumstances under which the Contribution may be reused.

From the SAGE agreement: https://journals.sagepub.com/pb-assets/cmscontent/INO/DD%20Landing%20Page/INO_ExclusiveLicence-PDF.pdf Links to an external site.

Another example:

AUTHOR WARRANTIES
5. You hereby warrant that you have secured the necessary written permission from the
appropriate copyright owner or authorities for the reproduction in the Article and in
the Journal of any text, illustration, or other material. You warrant that, apart
from any such third party copyright material included in the Article, the Article is
your original work, and does not infringe the intellectual property rights of any other
person or entity and cannot be construed as plagiarising any other published work. You
further warrant that the Article is not currently under submission to, nor is under
consideration by or has been accepted by any other journal or publication, nor has been
previously assigned or licensed by you to any third party. Without prejudice to the
provisions of Clause 3 above you undertake that the fully reference-linked version of
scholarly record will not be published elsewhere without our prior written consent.
6. In addition you warrant that the Article contains no statement that is abusive,
defamatory, libelous, obscene, fraudulent, nor in any way infringes the rights of
others, nor is in any other way unlawful or in violation of applicable laws.
7. You warrant that wherever possible and appropriate, any patient, client or
participant in any research or clinical experiment or study who is mentioned in the
Article has given consent to the inclusion of material pertaining to themselves, and
that they acknowledge that they cannot be identified via the Article and that you will
not identify them in any way.
8. You warrant that you shall include in the text of the Article appropriate warnings
concerning any particular hazards that may be involved in carrying out experiments or
procedures described in the Article or involved in instructions, materials, or formulae
in the Article, and shall mention explicitly relevant safety precautions, and give, if
an accepted code of practice is relevant, a reference to the relevant standard or code.
9. You undertake that you will keep us and our affiliates indemnified in full against
all loss, damages, injury, costs and expenses (including legal and other professional
fees and expenses) awarded against or incurred or paid by us as a result of your breach
of the warranties given in this agreement.
10. If the Article was prepared jointly with other authors, you warrant that you have
been authorized by all co-authors to sign this Agreement as agent on their behalf, and
to agree on their behalf the order of names in the publication of the Article. You
shall notify us in writing of the names of any such co-owners.

From the Taylor and Francis agreement:

http://journals.taylorandfrancis.com/edmgr/TaylorandFrancisCopyrightForm/TaylorandFrancisCopyrightForm.pdf Links to an external site.