Media Liability

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. 

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. 

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.  

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.