A Book Will Be Judged by Its Cover -- and Contents

By Patrick Haller, Program Manager, LIBRIS

The old adage "an ounce of prevention is worth a pound of cure" certainly applies when you are planning a publishing project. Whether you are publishing your first or 50th book, you may be exposing yourself to an allegation such as invasion of privacy, libel, slander, misinformation, copyright infringement, bodily injury, or defamation of character. Even when you take precautions, the possibility of a lawsuit still exists and can be very costly to your publishing enterprise. Now, ABA's insurance subsidiary, LIBRIS, offers an insurance program to cover you. Publishers Errors and Omissions (EO) insurance, also known as Publishers or Media Liability insurance, is a practical way to protect yourself and your business.

The following are some examples of actions that have been brought against publishers. Compare these summaries to your own work and evaluate what steps you have taken to protect your assets.

Copyright Infringement and Plagiarism

The publisher of a series of children's books had to respond to a suit alleging that the publisher's title copied the ideas, themes, and characters of the plaintiff's copyrighted books. The case was settled for a considerable sum just prior to trial, and the legal fees totaled over a half-million dollars.

Error or Omission/Misinformation

A school student suffered injuries when a chemistry experiment exploded. The suit alleged that the student followed the steps exactly as published in a chemistry textbook. The case against the publisher was eventually dismissed, but the legal fees incurred were substantial.

In another case, a claimant purported that her guests became ill from a meal she prepared by following a recipe just as it was presented in a popular cookbook. Allegedly, she suffered great embarrassment and loss of reputation as a result. The defendant provided proof that all the recipes were tested before publication. The case was dismissed based on insufficient evidence, but the defense costs and potential damage to the publisher's reputation were sizeable.

False Light

A false light suit was filed against a publisher resulting from a book that described serious side effects from common treatments for a progressive ailment. The publisher's title dealt with certain treatment methods provided by the case's plaintiff, who alleged that these methods were portrayed in the title as unsafe. The case was eventually dismissed in favor of the defendant, but defense costs were significant.

Libel

A book concerning the inner workings of a metropolitan police department resulted in a claim for libel by a police officer who alleged he was portrayed as someone who should not be allowed to carry a badge or gun. Although the case was eventually dismissed on jurisdictional grounds, legal fees to defend the case were significant.

Misappropriation of Name/Likeness

A celebrity claimed misappropriation of her likeness when her photo was used without authorization to advertise a book. After significant defense expense was incurred, the case was settled.

Public Disclosure of Private Facts

An East Coast book publisher was sued in California regarding the house's book, which reported on the rock music scene and various industry personalities. The book referred to the plaintiff, a band groupie. The comments in question related to the plaintiff's alleged promiscuity and sexual relations with several members of a particular band, and the plaintiff complained that this constituted the publication of private facts. The case was settled for an average amount. Legal fees were slightly more than one-third of the total amount of the loss.

What Should You Do?

Consult an attorney who specializes in Publishing Law about your work and find out more about LIBRIS Publishers Liability coverage. Use these questions as a guide to assess your exposures:

• How many titles do you publish per year?
  
• Are they all related to one subject or industry?
  
• What are your qualifications to be writing/publishing these books?
  
• Have you obtained signed consent forms from interview subjects (if any)?
  
• Do you have written consent to use copyrighted material?
  
• Are you disclosing personal information or publishing photos of others without written consent?
  
• Has an attorney and/or qualified peer group reviewed your manuscript?
  
• Has all of your data been verified?
  
• Do you hold the rights to artwork that was produced for your book?
  
• Do you know of any content that may lead to a suit?
  
• Do you have a Publishers Liability insurance policy?
  
• If you have insurance, does it match the specific needs of your publishing activities at a reasonable cost?
  

LIBRIS is an insurance company formed and owned by ABA. Its goal is to ensure ABA members the broadest insurance coverage at the most competitive cost. Learn more about how LIBRIS Publisher Liability might meet your needs. Visit www.LIBRIS.org or contact Patrick Haller, Publishers Insurance Program Manager, at 866-LIBRIS1 (542-7471) or e-mail [email protected].