Legal Liability for E-Book Publishers – Are You Covered Legally?
Legal liability is an issue for all writers.
Legal liability for writers is the legal responsibility of a writer for the accuracy and truthfulness of their work.
A legal liability can come from an assertion that the writer has acted in some manner that violates civil or criminal law. It can also arise out of a contract or agreement, as in a case where there is an obligation to provide accurate information or to refrain from making defamatory statements or otherwise breaching obligations arising from promises made by the writer.
Legal Disclaimer for Authors
If you publish ebooks like I do, it’s a good idea to include a legal disclaimer to protect yourself from any frivolous lawsuits.
Here is an example: “This ebook is published for information purposes only and the author is not responsible for any consequences that might arise due to use or misuse of this ebook.”
NOTE: I’m not an attorney. Consult your attorney before deciding on and publishing the final form of your disclaimer.
Courts back up authors
In general the U.S. courts are tolerant toward authors. The U.S. courts for example decided in specific court cases that a book and its author could not be held responsible when
– some ingredients of a cookbook turned out to be poisonous
– the plaintiff followed the diet in a diet book religiously and suffered from malnutrition
– a body surfer was injured in Hawaii and sued the publisher for not warning that the beach was dangerous.
– an investor who lost money relying on the advice in a financial publication.
But the courts found fault with authors in the following legal liability cases:
– A publisher was held liable for a defective aviation map that led to a plane crash.
– Soldier of Fortune magazine was held liable for publishing an ad for a hit man, which resulted in a murder.
(Source: Dan Poynter Marketplace Newsletter.)
Write well. Share what you know with courage, goodwill and honesty.
But make sure you’re legally protected as well.
