Which of the following is typically excluded from a copyright indemnity clause?

• A. Unauthorized uses outside the scope
• B. Modifications
• C. Claims arising from non-infringing or public domain sources
• D. Indemnity for in-scope uses

Answer: (C)

Indemnity clauses in copyright licensing protect the licensee against third-party infringement claims that arise from using the licensed material within the grant. They are meant to cover claims where the use itself is infringing, including situations like the licensee’s modifications that could create infringement, as long as those uses stay within the agreed scope. The reason this option is the typical exclusion is that if the basis of a claim is that the work is non-infringing or comes from the public domain, there’s no infringement to defend or indemnify. Those scenarios simply aren’t the kind of risk the indemnity is designed to cover, since there’s nothing illegal to claim against.