GETTING TO KNOW E&O INSURANCE
Errors & Omissions insurance – often referred to as E&O insurance – is a specialised form of coverage designed explicitly for filmmakers and production companies. It serves as a crucial safeguard against various legal challenges related to content, including claims of defamation, invasion of privacy, copyright infringement, misrepresentation, and other content-related disputes.
In the film industry, E&O insurance claims can arise from various situations, and it happens more often than you may think.
Below are a few examples:
1. The Walt Disney film "Frozen" faced a copyright infringement claim when a playwright alleged that the film's storyline, characters, and themes were based on her original work. She claimed that she had pitched a similar story to Disney executives years before "Frozen" was released. The lawsuit sought damages for copyright infringement.
2. The Australian family drama, “Red Dog", faced a copyright infringement claim from a writer. The claimant alleged that the film's screenplay was substantially similar to his own unpublished work about the same dog. He sought damages and recognition as the original creator of the story.
3. The iconic Australian comedy, "The Castle", faced a defamation claim from a real-life barrister who believed that his character in the movie was portrayed in a defamatory manner. The barrister alleged that the film's portrayal damaged his professional reputation and sought financial compensation for defamation.
Australian broadcasters, distributors, or financiers generally require an E&O policy to be in place prior to the release of any theatrical or TV production, and American distributors may not purchase a film without one.
The bottom line - Errors & Omissions insurance is a critical asset for filmmakers and film producers, offering protection against potential legal pitfalls and financial liabilities stemming from content-related claims. With E&O insurance, you can focus on doing what you do best, and know that your creative vision and your financial interests are protected.
For more information about the types of cover we can offer the professional film and television Insurance industry. Or if you'd like to speak with one of our brokers, get in touch with us.
Written By Scott McMurtrie
Senior Insurance Broker
Scott is an accomplished Senior Insurance Broker with over 12 years of experience in designing tailored protection plans for small businesses.
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