Filmmaker’s Guide to Film Media Liability and Errors and Omissions Insurance
As a filmmaker, you’ve almost certainly faced the need to secure errors and omissions insurance at one point or another. Filmmakers frequently require E&O insurance protection. Particularly when a film is prepared for distribution. Film media liability and errors and omissions insurance is something that will come up in post-production. But the protections that are provided by this coverage represent the liabilities of filmmakers. Which should be considered throughout the production process.
A filmmaker that carefully examines their liabilities. Throughout the process of film production from the very early stages of film development and pre-production.
All the way until post-production and distribution. They will be less likely to find themselves in a situation in which E&O insurance is actually used for their protection.
What is Media Liability Insurance?
Media liability insurance is actually a unique form of errors and omissions insurance in which the client seeks protection from the potential of claims that could be brought forth from third parties.
Generally a policy that is purchased by distributors, publishers, broadcasters, and authors that are involved in the creation of content that is produced on film.
Film media liability and errors and omissions insurance provides coverage against copyright infringement, plagiarism, invasion of privacy, defamation cases, and various intentional torts and the related liabilities involved.
Liability Protection
Media liability insurance protects film producers, screenwriters, and others in the film industry from certain claims that may be brought forth. Accusing the filmmaker of liability for injury or otherwise claiming financial responsibility.
In the event that a film is released and another party believes the film has violated a copyright, used protected content without permission, or acted in a defamatory manner which resulted in slander or libel against the other party.
What Film Media Liability and Errors and Omissions Insurance Will NOT Cover
While the protections of E&O insurance are commonly discussed, it might do you some justice to know what will not be covered when you obtain a film media liability and Errors and Omissions Insurance policy.
Protections for filmmakers are plentiful under this type of media liability coverage when it comes to copyright infringement and plagiarism. As well as the protection against invasion of privacy and defamation cases.
However, the following protections are not provided when you have this insurance:
- Breach of contract between yourself and any other third party that you’ve entered a contract with.
- Patent infringement although copyright infringement and trademark infringement are protected.
- Claims that are brought forth by regulatory authorities although claims from other third party entities are generally covered.
- Any normal business activities that relate to the employment of a worker which would otherwise be protected by your general liability insurance coverage.
In Summary
Obtaining film media liability and errors and omissions insurance is a must if your film is nearing distribution. But many filmmakers choose to protect themselves sooner as a precaution. As the claims that are covered can come up so frequently in this particular industry.
