6 Protections Provided by Errors and Omissions Insurance for Film Producers

As a film producer, getting the proper liability insurance coverage to protect yourself is an important step, particularly before you move forward with distribution of your film. One of the most popular means of protecting yourself is with errors and omissions insurance for film producers which provides essential protections against a variety of liability situations relative to the film and underlying intellectual property rights.

If you’re wondering whether errors and omissions insurance for film producers will cover the claims made against you, that really all depends on when you obtained the coverage and it also depends on the claim that is made against you.

If any of the following claims are made, your errors and omissions insurance for film producers will most certainly cover your losses as well as any personal liability that pertains to that particular cause.

1. Infringement of Copyright

Copyright infringement is one of the leading causes for lawsuits against individuals. Such as film producers following the creation of a film, screenplay, book, storyline or other literary property.

Anytime someone uses the copyrighted work of another individual as their own. Including the use of words, drawings, footage, or other details, copyright infringement is said to have occurred.  

Errors and omissions insurance protects against copyright infringement. Providing not only protections for the filmmaker to ensure they have not infringed upon someone’s work. But also to ensure that any copyright claims made against the individual may also be protected. 

2. Invasion of Privacy

Film producers are frequently accused of invasion of privacy, specifically if producing a documentary or biography style film that sheds light on someone’s personal life.

Fortunately, errors and omissions insurance for film producers provides protection against invasion of privacy claims which may arise over the course of distribution for a period usually of 5 years.

3. Trademark, Slogan or Title Infringement

The use of trademarked characters or products. As well as slogans and titles in a film can quickly give rise to accusations of infringement. Even the most cautious film producer that has taken all of the necessary precautions.

To ensure that they’ve chosen a film title that does not infringe on the work of another creator can wind up under the radar. In the event that any accusation for trademark infringement is brought up against the filmmaker.

The errors and omissions insurance will provide legal support. Including representation and subsequent compensation. Which may be required in any case in which the filmmaker is found to be in error.

4. Plagiarism

The creation of a screenplay complete with dialogue and a strong storyline is something that is generally out of the producer’s hands. The screenwriter typically writes the screenplay and creates the dialogue between various characters involved in the production.

But what happens if, after distribution, someone claims that you’ve plagiarized their work by using the same verbiage without giving credit to such?

Errors and omissions insurance for film producers will cover the attorney costs and other expenses associated with a lawsuit that is brought forth for plagiarism.

Any associated legal expenses and settlements that may be due are covered by the insurance because mistakes can (and will) happen.

5. Slander or Libel

Defamation of character or similar lawsuits sometimes arise when a film is distributed and an actor. Or someone that was portrayed in a film based on a life story or biography. Who feels that the film has “hurt” them.

In cases of personal injury in which there is an accusation of slander or libel. The spoken injury toward another person or the written word which is “untrue” and injurious to the individual that the words target. Errors and omissions insurance provides protection.

This protection is not for the individual claiming the slander or libel. But for the filmmaker that is being accused of such.

Don’t Misunderstand

This is not to say that film producers are free to go around and tell lies. Or otherwise insult or injure the actors. Or others that are represented by their film productions. In fact this is the complete opposite!

Film producers must be diligent in their efforts to speak the truth. And to ensure that the films they create and the work that they share will be truthful and unbiased. Particularly when it focuses on specific people. 

The Role of E&O

In the event that an accusation of slander or libel is brought forth. And you, the film producer, have not acted in a harmful or hurtful manner. Your errors and omissions insurance will most likely provide protection.

This coverage offers protection for cases in which due diligence is taken. To ensure that the way an actor or other individual is represented in a film is without injury or harm. And, in the event that there is injury or harmful accusations, that those are true, factual and based on evidence.

Not just done so out of a neglect for the truth. As long as due diligence is taken, should a mistake be made or an actor or other individual claims slander. The filmmaker is protected by their E&O Insurance.

6. Defamation of Products

The defamation of products is an argument that arises when a film incorporates a particular use of certain products in which the product owner later states that the film’s use of the product created undue or unjust injury or harm to the business.

This could happen if a product is used in a film that the producer disagrees with morally. It may also occur in the event that a film misrepresents a product and the product owner states a claim that the misrepresentation resulted in some form of serious loss of sales or similar injury.

Protection & Compensation

Errors and omissions insurance for film producers will cover lawsuits that are brought forth for a variety of reasons. And offers protection in the form of legal defense.

As well as compensation for injury claims that are brought forth should the filmmaker be found liable for the accusation.

This is why film distributors will require that any film producer interested in releasing a film for distribution first have errors and omissions insurance coverage before a deal can be secured. 

The Takeaway

Keep in mind that errors and omissions insurance for film producers does not represent an open door to act outside of good faith or to be lazy about the course of action you take when researching and handling things like copyright licensing and other areas of the production.

Filmmakers must still act diligently in ensuring that what they say, do, or portray on camera does not infringe on the copyrights, trademarks, or livelihood of others.

But, mistakes and accidents do happen and errors and omissions insurance is there for protection in the event that such a mistake or accident should occur.