Intellectual Property - Are Your Clients Covered?

By Ros Breese

All art is an expression of the soul, but great art comes when that expression touches something deep inside others. And when that art reaches out to touch the hearts and souls of millions of people around the world, it can be a beautiful, communal experience.

But in amongst the glory, at the very point when the artist has ‘arrived’, disaster can strike. For the more popular and successful a piece of work is, the more likely it is that you will encounter a claim from breach of intellectual property rights.

A show-stopping song… 

For example, your client, a famous musician strikes gold with their latest song. They write it, record it, get it published and before long, it’s a global hit. So popular is this song, that advertisers are clamouring to use it in their latest campaigns.

Then, a claim for breach of intellectual property comes in from an established group of country singers who believe that our artist has used lyrics from their existing track to include in the worldwide hit.

It’s a classic he says/she says situation. When that is the case, court is often the only option – along with all the negative publicity and potential cost that entails.

 

Don’t stop the music

…But there is another way. With Media Liability insurance, artists can forge ahead with their next piece of work safe in the knowledge that an intellectual property claim won’t leave them penniless*.

With Tokio Marine HCC cover, we will work you and your clients to understand the claim, how exposed they are and what the next best steps might be.

This could include reaching out to the claimant to resolve the matter by way of various alternative dispute resolution methods either alongside or away from the court process. Whichever route is considered, your client can be assured that we will always work together to achieve the best possible outcome. We’ll even appoint specialist reputation management experts to help manage any negative publicity around the claim.

Making art is a beautiful thing, for the artist and consumer alike. So don’t let the gloss be taken off your client’s success by an intellectual property claim. Let the experts take on the risk while they create the next showstopper.

Do you have a similar risk? Here’s what to do next. Ask your client to complete our Music Proposal Form then share this with your TMHCC underwriter who will assess your risk on a case-by-case basis.

 

*On the basis that there are no policy coverage issues under the Policy and that the Policy responds to the claim made.

 

Disclaimer

The information contained in these articles and documents are believed to be accurate at the time of date of issue, but no representation or warranty is given (express or implied) as to their accuracy, completeness or correctness. TMHCC accepts no liability whatsoever for any direct, indirect or consequential loss or damage arising in any way from any use of or reliance placed on this material for any purpose. The contents of these articles/documents are the copyright of Tokio Marine HCC. Nothing in these articles/documents constitutes advice, nor creates a contractual relationship.