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"Breach" of warranty in publishing contracts

Does anybody have experience (or legal research) indicating what constitutes a "breach" of author's warranties for purposes of the indemnity clauses found in most publishing contracts (including some law review publishing contracts)? That is, in the absence of a court decision, who decides what constitutes a breach? Let's say the publisher wants to settle a suit for copyright infringement, defamation, etc. (or just resolve a controversy created by a cease and desist or other demand letter). Can the publisher decide there's been a breach, despite the author's protest?

Thanks, Marjorie Heins margeheins@verizon.net


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