Producing a show can be a complex job. What happens if a producer overlooks getting permission to include a copyrighted song, or forgets to secure approval to use a photo in an ad promoting the event? The answer is simple: Without proper insurance coverage, producers are at risk for lawsuits.
PRODUCT: Producer Plus Liability™
COMPANY: Atlantic Specialty Insurance Company, Homeland Insurance Company of New York, Homeland Insurance Company of Delaware, OBI America Insurance Company and OBI National Insurance Company
BEST RATING: A (Excellent)
AVAILABILITY: Coverage is available through approved agents, brokers and wholesalers.
FOCUS: Producing a show can be a complex job. What happens if a producer overlooks getting permission to include a copyrighted song, or forgets to secure approval to use a photo in an ad promoting the event?
The answer is simple: Without proper insurance coverage, producers are at risk for lawsuits. That’s why OneBeacon developed Producers Plus Liability, which provides liability insurance to meet the needs of those who produce entertainment and industrial films, radio and live theater.
"There is an emerging need for this type of coverage," says Regina Williams, OneBeacon vice president and underwriting manager, media liability. For example, filmmakers commonly use photographs, paintings or recorded music as background in their productions. "Without properly licensing these properties, filmmakers can be exposed to a variety of lawsuits," Williams explains.
Producers Plus Liability provides coverage across the spectrum of films, documentaries, industrial videos and television productions with small to midsize budgets. Because producers have very distinct goals and projects—from entertainment to education—the risk involved with each scenario can vary significantly. The variety of content the range of productions generates can lead to unique and expansive levels of claims.
"There is no blanket, one-size-fits-all approach to this type of coverage. Every case comes with its own unique set of circumstances," Williams says—and every case goes to the heart of a producer's reputation. “It is our job to determine the best way to protect it.”
UNDERWRITING: Coverage options include professional services liability for scheduled professional services of the insured on an occurrence basis; technology services liability coverage; media and advertising liability; and broad form errors & omissions, with no exclusion for bodily injury or property damage arising from the content of matter in scheduled media.
Other options include merchandising for the insured’s use or licensing, and related promotion, by the insured of property rights relating to and arising from scheduled media in connection with the sale of goods or services; declaratory relief action, which broadens the definition of loss to include fees, costs and expenses the insured incurs to initiate a declaratory relief action; First Amendment defense coverage for claims arising from a First Amendment restraint against the insured; and subpoena defense costs reimbursement for defense costs incurred responding to a subpoena relating to scheduled media.
MINIMUM PREMIUM: $2,500.
TARGET: Producers of motion pictures with budgets less than $100 million; producers of movies, TV series, pilots, specials, commercials and infomercials; producers of documentaries and training, industrial or educational films; producers of music videos; radio program producers; and theatrical stage producers.
COVERAGE TERRITORY: The policy provides worldwide coverage. Applicants must have a U.S. address.
CONTACT: Regina Williams, vice president and underwriting manager, media liability; OneBeacon, 6800 College Boulevard, Suite 350, Overland Park, KS 66211; 913-945-3040.
Ronimarie Acord is an IA contributor.
