Equipment & Production Insurance

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Producer Errors and Omissions Insurance

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We get a lot of calls these days about Producer Errors and Omissions Insurance, so I decided it was a good idea to revisit the topic in greater detail.

producer errors and omissions insurance Luke GelineauWhat is Producer Errors and Omissions Insurance?

I wrote a blog a while back explaining what Errors and Omissions Insurance covers and why it’s needed. 

Errors and omissions insurance covers losses other than property damage caused by your production company or its employees. 

  • Infringement of Copyright
  • Invasion of Privacy
  • Plagiarism
  • Libel or Slander

Your General liability insurance covers damages to a third-party or their property. 

Why Do You Need Producer Omissions and Errors Insurance?

If you are a filmmaker, you need E&O before establishing your production’s distribution network.  Errors & Omissions insurance is not limited to movie producers. In fact, radio and television producers are also eligible for liability coverage.

Errors and Omissions Insurance protects film producers from lawsuits that can and do arise over the content of their production. Take, for example, a couple of the many legal cases surrounding the Harry Potter series.

In 1999, Nancy Kathleen Stouffer alleged copyright infringement by J.K. Rowling, based on Rowling’s use of the word “Muggles.”Another case involved a scene where Rowling named a band called the Weird Sisters. Apparently, there was a group that owned the rights to the name in Canada. Both cases resulted in a drawn-out legal battle and high legal fees.

Copyright infringement can occur without you even realizing it. In the case of the band name, how could you possibly research every group in every country? Most writers don’t think that far ahead. They just hope to produce a script that people like.

That is why you need Producer Errors and Omissions Insurance.

The Fine Print

Movie producers are not the only ones who should consider Errors and Omissions Insurance. Any type of production that involves a written script should definitely consider E & O as a supplement to their general liability policy.

  • Movies
  • Short Films
  • YouTube Videos
  • Radio
  • Theater
  • Television

However, you must get Producer Errors and Omissions Insurance BEFORE distribution. Productions facing litigation due to content errors are not eligible for coverage.

Luke Gelineau United Agencies Welcomes you to the Equipment & Production Insurance website.For more information on production insurance in California, contact Equipment & Production Insurance. The team at Equipment and Production Insurance are film, photographic & entertainment industry insurance specialists. Whether you need short-term, annual, post, documentary, commercial, equipment, rental house, E&O, or rent your own insurance, you can rely on their quick and knowledgeable assistance to meet all of your production insurance needs.

 

Making the Move from Actor to Producer

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Many actors and actresses have moved from in front of the camera to behind the scenes. In fact, as far back as 1900, Mary Pickford not only produced films, she also co-founded United Artists Studio. Success for these people is dependent on a number of things. It goes without saying that they need creativity, but they also need knowledge of the business side of things.

And this includes film insurance.

Errors and Omissions Insurance

producers errors & omissions insuranceFor instance, an actor who wants to produce their own films would benefit from errors and omissions insurance. For a small investment, they are safe from unintentional copyright infringement and misinformation.

Movie producers are not the only ones who should consider Errors and Omissions Insurance. This type of coverage is appropriate for all kinds of productions. Any project that relies on a written script should have Errors and Omissions Insurance as a supplement to their general liability policy:

  • Movies
  • Documentaries
  • Short Films
  • YouTube Videos
  • Marketing Videos and Commercials
  • Radio
  • Theater
  • Television

Keep in mind that you must get Producer Errors and Omissions Insurance BEFORE distribution. You cannot obtain coverage if you are already facing litigation.

The Difference between E&O and General Liability

General liability insurance covers damage to a third-party or their property but does not cover less tangible things like libel or copyright infringement.

You need to add Errors and Omissions to protect against the following:

  • Infringement of Copyright
  • Invasion of Privacy
  • Infringement of Trademark, Slogan, or Title
  • Plagiarism
  • Defamation of Products
  • Libel or Slander

Your Errors and Omissions policy will cover the business owner, employees, and subcontractors. Each policy is industry specific. In other words, a film producer will need a different type of policy than a distributor.  

Picture of Luke Gelineau, Program Manager for Equipment & Production Insurance Burbank CA

Luke Gelineau

For more information on production insurance, contact Equipment & Production Insurance. The team at Equipment and Production Insurance are film, photographic & entertainment industry insurance specialists. Whether you need short-term, annual, post, documentary, commercial, equipment, rental house, E&O, or rent your own insurance, you can rely on their quick and knowledgeable assistance to meet all of your production insurance needs.

Do I Need Errors and Omissions Insurance? The Short Answer is YES

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Today, Errors and omissions insurance has become a popular topic across nearly all business models. E&O protects against losses not covered by traditional liability insurance. It’s also known as Professional Liability Insurance or Professional Indemnity Insurance. Most companies don’t realize they need it until they don’t have it. The cost of not having E&O is much greater than what it takes to add it to an existing policy package.

So, what is Errors and Omission Insurance, exactly?

Using E & O Insurance for Producers or Distributors, as an example, offers specialized coverage for a wide variety of media risks.

errors and omissions insurance luke gelineau equipment & production insuranceWhy Do You Need Errors and Omissions Insurance?

General liability insurance covers damage to a third-party or their property, but what about less tangible things, like libel? E&O Insurance protects you against claims of a less tangible nature.

  • Infringement of Copyright
  • Invasion of Privacy
  • Infringement of Trademark, Slogan, or Title
  • Plagiarism
  • Defamation of Products
  • Libel or Slander

Errors and omissions insurance policies typically cover the business owner, employees, and subcontractors. Each policy is industry specific. In other words, a film producer will need a different type policy than a distributor.  Contact your agent to find out what type of coverage you need.

Do You REALLY Need E&O?

How many people does it take to finalize a film production? What happens if that one intern says the wrong thing? What if one of your writers happens to lift a bit of copy from some obscure publication? Are you willing to cover the costs of their mistakes? 

Because that is what will happen. A lawsuit is going to include both the person who committed the deed AND the company that employed them. Even if the claim against you gets thrown out, your legal fees and other costs will eat into your cash reserves. Most Errors & Omissions Insurance policies cover legal expenses and settlements.

So, for peace of mind, YES, you need E & O as a supplement to your general liability policy.

For more information on production insurance in California, contact Equipment & Production Insurance. The team at Equipment and Production Insurance are film, photographic & entertainment industry insurance specialists. Whether you need short-term, annual, post, documentary, commercial, equipment, rental house, E&O, or rent your own insurance, you can rely on their quick and knowledgeable assistance to meet all of your production insurance needs.