Media Liability

Media Liability

 

What is Media Liability insurance?

Media Liability insurance provides coverage for the needs of media clients creating or disseminating content.This includes broad protection for broadcasters and publishers who are at risk while constantly updating their methods of content distribution globally. Advertising agencies need coverage as they boldly create, plan and handle innovative and dynamic marketing campaigns in an increasingly fluid market. Video and film producers need the confidence necessary to move forward with small productions or Hollywood blockbusters—without worrying about substantial liability claims that can arise even when all necessary clearances have been obtained.

Appetite

Broad appetite servicing multimedia companies; marketing, advertising, and communications; and video, film, and T.V. producers.

Download Appetite Guide

Capacity

$15M capacity on primary or excess basis

Coverage & Benefits

Coverage includes: 

  • Occurrence form 
  • Open perils form 
  • Intellectual property infringement 
  • Unfair competition 
  • Plagiarism 
  • Breach of confidentiality 
  • Invasion of privacy 
  • Breach of the scope of a license 
  • Content in any form including, but not limited to, podcast, blog or mobile phone messages 
  • Acquisitions can be automatically covered 
  • Final adjudication fraud or dishonesty coverage

Optional coverage extensions available for:  

  • Data privacy and network security liability
  • Technology activities
  • Miscellaneous professional services
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Related products

When purchasing Media Liability, think about adding the following products: General LiabilityCyberCrime, and Technology

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Claims scenarios 

Not sure what risks our product covers? We’ve brought some scenarios to life.

Newspaper publisher and photographer

A newspaper dispatched a photographer to cover the funeral of a National Guardsman who was killed during the Iraq War. The soldier’s family, through the funeral home, authorized the press to attend the memorial service, but asked that photographers not take pictures of the casket when it is open, and not attempt to interview family members. At the end of the service, the governor paused to view the body, and a photographer took a picture in which the dead soldier’s face was clearly visible. The newspaper ran the poignant photo, sold the rights to reprint it to other media outlets, and entered it in a photojournalism contest. 

The soldier’s family sued the newspaper and photographer for invasion of privacy, intentional infliction of emotional distress, fraud, and unjust enrichment. A professional liability policy could have protected the newspaper and the photographer, whether the family prevailed at trial or not. 

Newspaper publisher and photographer

A newspaper dispatched a photographer to cover the funeral of a National Guardsman who was killed during the Iraq War. The soldier’s family, through the funeral home, authorized the press to attend the memorial service, but asked that photographers not take pictures of the casket when it is open, and not attempt to interview family members. At the end of the service, the governor paused to view the body, and a photographer took a picture in which the dead soldier’s face was clearly visible. The newspaper ran the poignant photo, sold the rights to reprint it to other media outlets, and entered it in a photojournalism contest. 

The soldier’s family sued the newspaper and photographer for invasion of privacy, intentional infliction of emotional distress, fraud, and unjust enrichment. A professional liability policy could have protected the newspaper and the photographer, whether the family prevailed at trial or not. 

Website

A Web site developed a program that allowed users to participate in “fantasy” baseball leagues that involve competitions based on the actual performances of professional baseball players.  The site compiled statistics for each player on a daily basis, and included information such as analysis of past performance and injury reports.  The site did not use any player photographs or team logos. 

The baseball league sued the Web site for misappropriating the players’ names and identities for commercial advantage. The game developer could have been protected by a Media Liability policy, even if the company did nothing wrong. 

Website

A Web site developed a program that allowed users to participate in “fantasy” baseball leagues that involve competitions based on the actual performances of professional baseball players.  The site compiled statistics for each player on a daily basis, and included information such as analysis of past performance and injury reports.  The site did not use any player photographs or team logos. 

The baseball league sued the Web site for misappropriating the players’ names and identities for commercial advantage. The game developer could have been protected by a Media Liability policy, even if the company did nothing wrong. 

Advertising agency

An advertising agency was retained by a baked-goods company to develop a campaign that emphasizes the company’s “old fashioned” image. While researching folk art for the campaign, an agency executive came across a cookbook that was handwritten and distinctively illustrated. The executive contacted the author and invited her to submit illustrations and handwriting samples for the campaign, which she did. The agency then hired another artist to execute the final ads, with instructions to base drawings in the advertisements on the handwriting in the cookbook. 

The cookbook author sued the ad agency for, among other things, copyright infringement. A professional liability policy could have protected the publisher from such a claim, including the cost to defend it as well as any settlement or judgment.  

Advertising agency

An advertising agency was retained by a baked-goods company to develop a campaign that emphasizes the company’s “old fashioned” image. While researching folk art for the campaign, an agency executive came across a cookbook that was handwritten and distinctively illustrated. The executive contacted the author and invited her to submit illustrations and handwriting samples for the campaign, which she did. The agency then hired another artist to execute the final ads, with instructions to base drawings in the advertisements on the handwriting in the cookbook. 

The cookbook author sued the ad agency for, among other things, copyright infringement. A professional liability policy could have protected the publisher from such a claim, including the cost to defend it as well as any settlement or judgment.  

T.V. Producer

An accomplished television producer met a former prosecutor turned aspiring Hollywood writer, who pitched an idea for shooting a film or TV show about the Mafia in his home state. Intrigued, the producer visited the state, where the former prosecutor arranged meetings with several police detectives who shared stories about their experiences with organized crime and its participants. The producer drafted a screenplay for a cable TV series that would focus on the personal lives of mobsters. When the draft was complete, he sent a copy to the former prosecutor. Eventually, the producer got the show on the air, and it quickly became a major hit.   

The ex-prosecutor claimed that the producer promised to compensate him for his creative contributions and sued. The producer’s defense costs and the eventual settlement could have been covered by a Media Liability policy. 

T.V. Producer

An accomplished television producer met a former prosecutor turned aspiring Hollywood writer, who pitched an idea for shooting a film or TV show about the Mafia in his home state. Intrigued, the producer visited the state, where the former prosecutor arranged meetings with several police detectives who shared stories about their experiences with organized crime and its participants. The producer drafted a screenplay for a cable TV series that would focus on the personal lives of mobsters. When the draft was complete, he sent a copy to the former prosecutor. Eventually, the producer got the show on the air, and it quickly became a major hit.   

The ex-prosecutor claimed that the producer promised to compensate him for his creative contributions and sued. The producer’s defense costs and the eventual settlement could have been covered by a Media Liability policy. 

Key contacts

Joanne Richardson
MD, Product Head – US Media
Tara Bodden
SVP, Claims Media, Tech & Cyber