Publisher's responsibility

[cdog]

What is the name of your state? Mass.

Hello, I am considering publishing a manuscript written by someone who is now dead. The author's adult child now owns the rights to the book which details the author's military career...naming names and blasting choices superior officers made. My question is probably reasonably simple: what responsibility does the publisher have regarding the naming of names in this book? More than that, with the true author dead, who DOES have responsibility should someone wish to bring legal action due to what is in the book. And perhaps more than THAT, could someone bring legal action due to being slammed in a book if what was written was true?

Thanks!

 

[BelizeBreeze]

Both you and the estate of the dead author can be held liable.

If you are seriously considering becoming a publisher, I suggest you hire in-house counsel for this. I hesitate to even offer an opinion without reading the book.

 

[cdog]

Thanks. So, Kitty Kelly can blow the lid off the Kennedy clan but a small publisher can get sued for writing about someone's memories of an event. Seems a tad unfair...or is Kittly Kelly hoping for the publicity?

Anyway, let me ask a follow-on question if I may:
If the person acting on behalf of the dead author's estate agrees to have sole liability for the work, would that relieve the publisher's liability?

Thanks for the quick reply by the way! Very cool.

 

[BelizeBreeze]

Thanks. So, Kitty Kelly can blow the lid off the Kennedy clan but a small publisher can get sued for writing about someone's memories of an event. Seems a tad unfair...or is Kittly Kelly hoping for the publicity?

Anyway, let me ask a follow-on question if I may:
If the person acting on behalf of the dead author's estate agrees to have sole liability for the work, would that relieve the publisher's liability?

Thanks for the quick reply by the way! Very cool.

Won't work. Liability cannot be transfered as a matter of law.

 

[cdog]

Well, that kind of stinks. Oh well, no point taking that chance.

 

[BelizeBreeze]

Well, that kind of stinks. Oh well, no point taking that chance.

Just remember, I never said you would be barred from publication. You just can't shield yourself from responsibility.
That's why the suggestion to hire in-house counsel to review the book and assertions made.