Popular media insurance myths debunked
Media liability insurance protects businesses against lawsuits brought against them for defamation, intellectual property infringement and breach of confidentiality. Insurance is imperative to cover these wide range of common risks in the media and entertainment industry.
My general liability policy will cover me for media liability claims
The majority of general liability (GL) policies will contain a specific exclusion for defamation and intellectual property (IP) infringement. A typical GL policy will cover bodily injury or property damage due to the insured’s alleged negligence, not for claims arising out of the content they create or disseminate. CFC’s media liability policy offers defamation and IP protection for content creators.
Only commercial entities have an exposure to media liability claims
Any individual with a public profile creating and/or posting content in the public domain has an exposure to defamation, IP infringement and breach of confidentiality. The news is full of examples of celebrities and high-profile individuals being sued for what they say online. CFC’s media liability policy offers protection against all of these exposures.
It’s impossible for us to be infringing on anyone’s IP when we came up with the original idea
It may be true that a business developed an idea from scratch, however, many projects include the use of third party owned IP, such as music or photographs. If you don’t have robust procedures for licensing in content, or even inadvertently makes an error with the license owner or fees payable, you could be infringing on IP. Even when third party owned content is not used, it is extremely difficult to be comprehensively guarantee your artwork or project is not infringing on another’s IP. CFC’s claims team have extensive experience in handling such IP issues, providing you with peace of mind in the event of a claim.
I have a longstanding relationship with my clients so they won’t sue me if I miss a deadline or cause a copyright infringement issue
Unfortunately, a longstanding relationship does not stop clients from bringing lawsuits against you, especially if they are being sued themselves by a third party for an infringement or defamation issue because you have created the content in question. It is important to protect yourself against both breach of contract, issues as well as media liability claims.
I would never breach an NDA so I don’t have to worry about having a breach of confidence claim or invasion of privacy claim brought against me
An inadvertent verbal slip to someone, a publication catching wind of your work, or accidentally exposing sources can all lead to claims. Particularly for publishing or broadcasting companies, portraying a source or subject in a way that person is offended by could land you in litigation. CFC’s media liability policy does not sub-limit defence costs, and options are available for costs in addition coverage
CFC’s media liability policy offers relevant cover for businesses and individual operating in the media and entertainment industry. Cover includes IP infringement and defamation, breach of contract, contingent bodily injury or property damage and sub contractors’ vicarious liability. We can also package cyber liability and commercial general liability into our media package to provide a comprehensive solution. Make sure your clients have the right cover in place!