Our Media, Film & TV Underwriting Manager – Professional Risks, Ros Breese, was recently invited to share her industry insights at EPI’s online workshop ‘Clearing Rights for Film and TV’ from 19th – 21st November. Ros joined a specialist panel of speakers, including producers across Europe, to discuss what E&O insurance is and the benefits of the cover in helping to mitigate both the foreseen and unforeseen claim.
Over the course of the workshop, Ros gave a detailed presentation covering Error & Omissions (E&O) insurance for production companies, outlining both the type of content that an E&O policy covers and highlighting the contractual liability obligations for production companies when supplying content to a broadcaster or distributor.
Whilst E&O is an essential form of insurance for producers, it does not offer cover for all of the risks associated with a production, and should be used in conjunction with various other policies such as Public Liability and Employers Liability. Our E&O policy indemnifies producers from claims arising from the content of the named production including actual or alleged:
- Intellectual property infringement (e.g. copyright or trademark)
- Libel or slander (defamation, including trade libel)
- Privacy – breach of confidentiality, privacy, or right of publicity
- Infliction of emotional distress
- Infringement of title (other than in the US)
- Misappropriation of name or likeness
- Breach of license (territory, duration, media scope)
- Misuse of confidential information
Securing E&O insurance is essential for not only Film & TV producers, but those within the music industry too – with one recent noteworthy intellectual property infringement case concerning Marvin Gaye and Pharrell Williams.
Understanding and correctly identifying copyright risks should be a key focus for brokers and producers. In our previous blog, we explored ‘the story behind the story’ concerning a hypothetical film’s production and the numerous potential claims that can arise. The film highlights the potential pitfalls associated with the creation of content and looks at the crucial role that rights clearance plays in television and film production.
At TMHCC, our E&O policy offers worldwide cover on a claims made and occurrence basis and is available for both annual blankets and single productions on a multiyear basis.