Translator Book Contract

7.

Warranties.

(a) The Translator warrants to the Publisher that, to the best of Translator's knowledge, no infringing, libelous, or defamatory material, or any material that invades or infringes upon any rights of privacy or publicity, copyright or any other personal or property rights, or is inaccurate or injurious to the user, will be introduced to the Translation by the Translator; that the Translator has every right to enter into this agreement; and that the Translation is original to the Translator. The Translator agrees to indemnify the Publisher from any final binding judgment declaring the Translator to have breached any one of the aforementioned warranties. The Publisher agrees to indemnify the Translator and hold the Translator harmless against all lawsuits, legal claims, causes of action and any related expenses or costs of any kind, including all attorney's fees incurred, if such lawsuits, claims or causes of action arise from any of the content of the original Work or the Publisher's right to have the Work translated. The Publisher agrees to add the Translator as an insured to any liability insurance policy it controls.

(b) The Publisher warrants that it has acquired English- language rights to the Work, including the right to publish a translation of the Work in the English language.

Commentary

Warranties are the promises you make to the publisher with respect to the translation you are delivering. Whenever a publisher asks you to make a warranty regarding the content of the translation being defamatory, it is best to try to introduce the phrase "to the best of the Translator's knowledge," since these laws can vary among different jurisdictions. In the remainder of the paragraph, the indemnities provisions address both the translator and the publisher. As long as the translator is required only to warrant that the translation is faithful and that the translator did not introduce any extraneous material that would be considered infringing or defamatory, this is reasonable. Likewise, it is important to make sure that you as the translator are indemnified from any claim brought against the publisher due to material originating from and included in the original work, as well as any claim alleging that the publisher did not have the right to have the translator translate the work. It is also wise to ask to be covered under the publisher's liability insurance if they carry such.

Clause 7(b) constitutes a warranty by the publisher that they have the right to commission the translation. If you aren't the one acquiring the translation rights, make sure your contract includes a clause like this or a similar warranty establishing the publisher's legal authority to create a translation. Refer to our commentary on the Grant of Rights for a more thorough discussion of this topic.