How can content creators protect themselves against infringement allegations?
INFRINGEMENT
PROTECTION
This was exactly the case for our long-standing client this summer, who was filming content for his successful online channels at a major international sporting event.
Our client contacted us just before traveling as he knew his existing Professional Indemnity cover wouldn’t cover them for sufficient threat of infringement or defamation should he or his team accidentally film any content that they don’t have the rights to use.
The client’s team went out to film content for their own podcast and YouTube channel. Although they were confident that they were operating within the guidelines set out by the event’s organizing committee, as professionals they wanted to be clear that they had the correct level of insurance cover. Our client knew that there was a significant risk to his business if he didn’t have the right level of cover.
To protect his sponsorship deals and online channels (which has a huge following, built up over many years), the client increased his level of insurance cover and mitigated against the risk of a legal dispute over infringement, as the defense costs alone would run to hundreds of thousands if a claim was made against them.
The client now knows that his business is covered for any future events that they film, although just extending their cover for the period they were filming for the major international sporting event was also an option.
As a long-standing client of Eggar Forrester Creative, our client knew that if they needed to put a claim in (as he did for some damage to equipment), he would be able to get a payout from the policy. This is vital for many small businesses, who rely on maintaining a healthy cash-flow so that they can continue to deliver their contractual agreements for the sponsors (and keep the audience happy and engaged). Making sure they have the funds available to purchase the equipment they need meant they could continue to create content for their online channels.
If you’re a content creator or creative agency and are concerned that your business is vulnerable to infringement or defamation cases, please get in touch with Rhys Owen-Conway to see whether you currently have the correct level of cover.