What Does E and O Stand for Again

If you are shopping for an insurance quote for producers Due east&O insurance make sure you are paying for the coverage that you demand.

To endure and succeed in today'southward increasingly global amusement business organization, video and pic producers must continually keep pace with evolving technology, market demands, competitors, and a changing legal landscape. Complicating the film further is an expanding litany of media liability exposures, any of which tin can event in a calamitous lawsuit…from any number of sources.

Consider the financial bear on on your organization if:

• A person featured in a production sued y'all for defamation and invasion of privacy.
• A adult female who was mentioned in a production claimed that it caused her to suffer emotional distress.
• A author, alleging a production used his storyline, sued you for copyright infringement and misappropriation.
• A theatre company sued your production company, alleging trademark infringement over a picture show's title.

Even if yous did goose egg incorrect, defense and settlement costs tin can escalate to hundreds of thousands (if not millions) of dollars.

One solution is Chubb's MediaGuard E&O policy that specifically addresses the nature of these risks. Chubb has insured video and film producers for approximately 40 years, and then they've seen producers sued over their content-related activities time and time again. They understand that in today's constantly shifting legal landscape, the precise nature of media liability lawsuits tin can exist hard to predict. Unfortunately, 1 thing that can be predicted is the financial and reputational havoc such lawsuits can cause.

Web log Post: E&O: ARE You PAYING FOR THE COVERAGE YOU Need?

Producers errors and omissions claims tin can exist prevented by post-obit the guidelines on the list below. The list is not meant to exist all- encompassing, merely instead it is a quick reference:

1. Avoid the accidental use of real names of people or organizations.
2. Avoid identifying someone by a specific job or his/her involvement in actual events, even if the name is totally fictional.
3. Avoid using real addresses.
4. Don't utilize real phone numbers, credit menu numbers, social insurance numbers etc.
5. Get permission for uses of trademarks and logos, and avert references to companies or products and where possible don't use identifiable props (eg. Photographs, paintings, posters, sculptures, magazines) that are protected by copyright, unless you lot become permission from the copyright holder.

An example of a potential claim: recently a plaintiff alleges copyright infringement in connectedness with the apply of certain fine art images in a picture of the week. The amount claimed was $900,000.

Another example: A 'sound akin' rendition of a musician's song was used in movie.  Musician sued for misappropriation and copyright infringement. The corporeality claimed was: $65,000.

The producers errors and omissions policy volition provide a lawyer and pay the legal fees to defend the producer that purchased an due east&o policy for producers.

If you would like a no obligation Producers E and O insurance quote, delight click here.

Weblog Post: BEST PRACTICES WHEN REVIEWING SCRIPTS

Much like the producer's E&O insurance, the distributor's E&O insurance covers distributors from lawsuits that may arise due to the content of the cloth they are distributing.

Distributor's E&O insurance differs  from Producer'due south E&O in that distributors are insured for a list of titles they are distributing. In order to add a production to a distributors Eastward&O policy a minimum of one year of Due east&O policy needs to have been in forcefulness. For each flick that you distribute, you will demand to ask for evidence of previous e&o coverage.

The premium is adamant by the estimated annual acquirement that is wait from the listing of titles to be insured. A eolith premium is paid and and so the deposit is adapted at the end of the policy year based on actual distribution acquirement. A distributors policy is typically much less expensive as compared to extending individual due east&o policies. The adjustment charge per unit is usually 10 cents per $1000 of acquirement.

To go a quote, nosotros volition need to have an awarding completed and we will need a list of the titles to be covered. Would you similar me to send y'all a copy of a blank application?

WHY Eastward&O POLICIES ARE NEEDED?

1. I.e., The script of your moving-picture show/show is slightly similar to some other product, therefore a merits for plagiarism could arise.
2. Covers the insured against defamation, libel and slander suits.
3. Covers against intellectual property rights.
4. Typically most distributors & broadcasters will not distribute or air whatever production without it.
5. Information technology protects a company or individual from financial loss.

Weblog Post: DISTRIBUTOR'Due south E&O INSURANCE

You sold your documentary! You met your distributor requirement of obtaining a iii year E&O policy through the Documentary System of Canada (Md) Program. Congratulations!

Notwithstanding, yous read the fine impress in the contract and you're surprised to encounter several requirements:

• Outset, the distributor wants you to extend your policy to cover them past naming them Boosted Insured in case of a merits. No problem: you lot merely transport a asking and provide us with your distributors name and accost. This will generate a certificate of Insurance (COI). The certificate will particular: your company name and accost, what insurance company is roofing you, how much insurance the projection has (i.e. $1,000,000/$three,000,000), and what the retentiveness (deductible) is (i.e. $x,000 or $25,000).
•  Second, the distributor wants to exist covered for v years! You lot just paid a lot of money for a three year policy. Will this price you more premium? The answer is perhaps. At that place is a special endorsement called a "Rights Period Endorsement (RPE) " or "Term of Contract Endorsement (TOC)". This endorsement volition extend the length of your E&O term to match the length of your distributors understanding every bit long as yous notify the insurance carrier prior to the expiration of your policy. Just send u.s.a. your distribution contract and in the majority of cases, the insurance carrier will provide yous with this money-saving endorsement.

Now you lot can breathe easier knowing that your E&O policy is in identify  to protect your visitor, financiers and distributors.

Blog Postal service: DOCUMENTARY Eastward&O INSURANCE

Remy Khouzam (Lawyer): From an errors and omissions (E&O) perspective, you take to look at the project based on what challenges it presents. So, a documentary volition have unlike legal concerns than a drama.

For documentary, we'll more often than not be looking at privacy bug, potential defamation bug and – more and more now – just because budgets are being cut and the cost of archives is going upwards – filmmakers are using the copyright exception of off-white apply (fair dealing under Canadian law) to use clips, lawfully, without having to clear them with rights holders. So, obviously, this brings some challenges from a legal perspective that are not exclusive to documentary merely clearly appear more than in documentary settings than they do in fiction.

For fiction, most of it will be based on copyright issues, trademark and consideration as to what the characters are proverb because y'all could cross that line into defamation. Those would exist the major differences – y'all cover all legal bases merely the emphasis is put on different areas, depending on the nature of the project.

Blog Postal service: Medico. VS. DRAMA - E&O

It happens more often than you might expect: a producer completes a picture show, locks motion picture, makes a auction, and and so drops by our law role to inquire nigh "clearing" the picture for Errors & Omissions insurance coverage. In reviewing the picture, we notation that the producer filmed copyrighted and trademarked textile, merely failed to get the necessary permission to include information technology in the motion picture.

East&O insurance policies insure against claims arising from accidentally infringing a copyright or trademark, invading someone'southward privacy or otherwise getting tripped upwardly on someone else's rights. In order to qualify for East&O coverage, the picture show in question must exist fully cleared and the producer must acquire all necessary permissions from third parties whose rights might otherwise be infringed. If a motion-picture show includes material that potentially infringes a tertiary party'due south copyright and permission has not been acquired, there are a number of options to consider.

First, the moving-picture show could be edited to remove the offending material. This is just a feasible selection if fourth dimension, finances and/or creative willingness allow. Second, at that place may be an exception allowing the inclusion of certain copyrighted material in the flick without permission.

Likely the about popular excuse for copyright infringements is the concept of "off-white utilise". Although referred to regularly in manufacture reference materials bachelor hither in Canada, fair apply is a U.s. principle based on the belief that it is not "fair" to discover every copying to be a violation of copyright law if such copying was for sure purposes, including criticism or review. (For example, the concept of "parody" falls under fair utilize in the US and has provided many a filmmaker with substantial sources of otherwise protected cloth. Thank yous Mel Brooks and Mike Myers!)

Fair use does not be in Canada and is oftentimes used interchangeably, and often confusingly, with "fair dealing", the concept institute in the Canadian Copyright Human activity. Other than in very articulate-cut cases, extreme caution must be used in relying on off-white dealing, which is a very limited defense as the utilize of the material must be for "private study, inquiry, criticism, review or newspaper summary". Unfortunately, because at that place are no hard and fast rules available, it is impossible to define what is and is not fair dealing.

Weblog Post: COPYRIGHT INFRINGEMENTS

Prior to providing a Producers E&O quote, the film insurance company will recommend that you obtain a copyright report. At Forepart Row, we recommend that a copyright report exist obtained on any volume, play, etc. that the producer is buying rights to, or for any script that was not written as a work for rent by the production company's own employees.

The copyright report is important considering they make you aware of whatever alien assignments that hinder or destroy the correct to use the underlying work. It is non common for someone to try to defraud you, simply many owners of the underlying piece of work do not fully understand previous pick agreements or other contracts, or co-owners of the rights may already take assigned the picture or Television set rights to someone else.

A recent claim involved a producer of a movie sued for copyright infringement. Plaintiff alleged that her unpublished novel was the ground for the movie. The Producers Errors and Omissions policy will provide a lawyer and pay the legal fees to defend the producer that purchased an E&O Policy for Producers.

Once the assignment of the pic/Telly rights to the underlying piece of work is obtained, the producer should register that consignment with the copyright role. This registration will prevent someone who obtains conflicting rights from establishing a priority of rights past beating the producer to the registration procedure.

If you lot would like a no obligation Producers East&O insurance quote, please click here.

Web log Postal service: COPYRIGHT REPORTS

By:Doran S. Chandler -Roberts & Stahl, Entertainment Lawyers

Whenever a producer or writer dreams up a new idea for a television show, it doesn't take long for them to showtime worrying about someone pinching information technology and beating them to the punch. This is specially true in the case of news programs, game shows, and other reality based productions. Such productions are relatively inexpensive to produce and consist mainly of material with a questionable basis in copyright. This makes it accessible to a big number of producers and difficult to pitch and develop without tipping off competitors about a potential new tendency.

A somewhat odd corollary to this is that the value of television formats has grown exponentially in recent years with the widespread licensing of formats to broadcasters or production companies in strange markets. As a upshot, many producers want to know what they tin can borrow from existing programs, and whether they can protect what they have created. Only one notable Canadian case, Hutton v. Canadian Broadcasting Corporation, sheds some calorie-free on the consequence.

In Hutton, the Alberta courts considered whether the format of a music video magazine show could be copyrighted. The courts held that concepts and devices generally present in shows of the same genre were not protect-able, such as the mood of the hosts, the presentation of biographical materials, interviews, and the use of TV monitors in the gear up design. The courts besides considered the employ of infinity shots, bumpers and teasers to commercials, the utilise of montages, and the employ of transitions like dissolves and back-to-back video playbacks, finding that these elements could not in themselves exist protected. One characteristic the trial court establish protect-able at trial were elements of "dramatic conceit" in the programs, or the entertainment fictions used to create drama in each program. The trial judge ultimately found that the plaintiff's evidence, Star Chart, was not a dramatic work within due south.ii of the Copyright Act and thus not capable of being copyrighted. On Appeal, the Alberta court de-emphasized the idea that dramatic conceit was protect-table and held simply that the works were non qualitatively similar and did non have any causal connection between them.

The finish result of Hutton is that, while we accept some thought well-nigh what Canadian courts volition consider when evaluating a format, we don't really take a articulate guideline for what is required to achieve a protect-able format. Adding to the uncertainty is that different standards of protection have emerged in other jurisdictions. In i case because the copyright-power of the format for Opportunity Knocks, a prominent United kingdom of great britain and northern ireland copyright approximate held that the elements of a "dramatic format" were likewise uncertain for copyright protection.

Blog Post: HOW MUCH OF YOUR FILM OR TV SHOW IS COPYRIGHT-ABLE?

Script Insurance clearance reports provide important information for producers of films, documentaries and TV Serial.

Script clearance research involves reading and breaking downwards a script and identifying all items that correspond possible legal conflicts, if used as is. These items include:

• character names,
• business concern names,
• locations (signage),
• logos,
• slogans and quotes,
• production names,
• schools,
• organizations,
• images and designs,
• music,
• defamatory references, and racial slurs,
• and the use of protected cloth in the form of copyrights or trademarks.

Additionally, the report includes data on photographs, artwork, books, music, film clips, dialogue, props, identifiable personalities and much more.

The report volition exist reviewed past your production lawyer who will determine if item details may pose legal bug.  The report is too distributed to the managing director, producers, and any other production personnel who will be creating prepare dressing, props, signage, wardrobe or other elements from the script.

When should we offset on our clearances?

If you intend to release your production to exist viewed by an audience, you should accept a script clearance study researched at the pre-product stage, prior to shooting the script.  Unless you already have a distribution bargain in place, you lot'll need to find a distributor to release your product.  As the distributor isn't more often than not part of your artistic process, they'll desire a guarantee that it doesn't contain any materials which could cause an infringement, defamation of character, or other legal problems that would event in them being sued.

Immigration the content of a script earlier commencement to shoot is highly recommended, since some elements tin't be changed once the production is finished.  Failing to complete the necessary clearances could event in having to redo elements (expensive editing costs) or if that's not possible, the inability to screen or distribute the product at all.

Blog Post: CLEARANCE REPORTS

Good film Due east&O insurance - otherwise known equally multimedia Eastward&O - clearance procedures will issue in the lowest possible premium and the simplest claims settlement in the event of a loss.

Producers Eastward&O insurance covers: invasion of privacy, infringement of copyright, libel, slander, defamation, plagiarism.

The Clearance Procedures below should not be construed as exhaustive and they practice not cover all situations which may arise in any particular circumstance or any particular production.

1. Applicant and its counsel should continually monitor the product at all stages, from inception through last cut, with a view to eliminating material which could requite rising to a claim.
2. The script should exist read prior to starting time of production to eliminate matter which is defamatory, invades privacy or is otherwise potentially actionable.
3. Unless the work is an unpublished original not based on whatever other work, a copyright report must be obtained. Both domestic and foreign copyrights and renewal rights should be checked. If a completed motion-picture show is being acquired, a similar review should exist made of copyright and renewals on whatever copyrighted underlying property.
4. If the script is an unpublished original, the origins of the work should be ascertained - basic idea, sequence of events and characters. It should exist ascertained if submissions of any similar properties take been received by the applicant and, if so, the circumstances every bit to why the submitting party may not claim theft or infringement should exist described in particular.
5. Prior to final championship selection, a Title Report must be obtained.

Web log Post: CLEARANCE PROCEDURES

CLAIMS MADE East&O POLICIES

Claims Made E&O Policies cover claims that are made during the policy term. The loss may have occurred in the by, but as long as it is reported during the current policy term, it can trigger coverage. In society for coverage to go along, the policy must stay in forcefulness.

With this blazon of policy, endorsements can be made and then that the policy responds to incidents which occurred before the policy starting time appointment, also known equally "Prior Acts" coverage. Tail Coverage is another  extension that can be obtained wherein the insurer will cover events that occur while the policy is in force, but which the insured is unaware of during the policy menstruation, and are reported to the insurer after the policy terminates. By obtaining tail finish coverage, the claims based policy is in effect converted to an occurrence policy.

Pro's of a Claims Made E&O Policy

A benefit of this type of policy is that if a merits arises relating to incidents which occurred before the policy start engagement, the claim may exist covered. Another reason why this type of E&O policy is purchased is because it is less expensive than occurrence based policies. Typically the premium increases over the kickoff v years of coverage in increments proportional to the claims reporting for that feel.

Con's of a Claims Fabricated E&O Policy

Once a "claims-fabricated" policy has expired, purchasing insurance for past events will become difficult, expensive and perhaps not possible. Once coverage has expired, claims can no longer be submitted, even if the claim occurred during the policy term.

OCCURRENCE BASED E&O POLICIES

Occurrence based E&O policies comprehend losses that occur during the policy term every bit long every bit the projection/pic is released or broadcast during the dates at which an incident causing damage occurs. Although the loss tin can be reported years later, it must take "occurred" during the policy term. This blazon of E&O policy may not cover occurrences that happened prior to the policy beingness in force.

Pro'south of an Occurrence Based Eastward&O Policy

A do good of this type of policy is that there is no need to renew the policy to maintain coverage. Also, years after this blazon of policy has lapsed, a claim tin be made for incidents that occurred while the policy was in strength.

Con's of an Occurrence Based Eastward&O Policy

This type of E&O policy is typically more expensive than claims based policies because the insured is prepaying for tail costs whether the tail gets used or not. Another disadvantage is that if a merits arises before delivery to the broadcaster or distributor, any defense costs associated with the claim may not be covered. Information technology'southward important to speak with your broker about whether Prior Acts coverage is included on your Occurrence Based Policy.

Blog Postal service: FILM INSURANCE: E&O CLAIMS MADE POLICIES VS. OCCURRENCE POLICIES

Applicable to US-based producers only.

"If I have seen further, it is past standing on the shoulders of giants." –Isaac Newton

As a documentary filmmaker, you'll probable need to brand utilise of copyrighted materials at some bespeak in your production. Indeed, it's well-nigh impossible to avoid: film clips, music and archival interviews are indispensable tools for lending depth, color and authority to your production. However, securing the rights to such materials can be hard, prohibitively expensive and, nigh chiefly, fraught with potential danger if the rights holders feel that their copyright has been infringed.

For instance: you're making a documentary about Hammer Horror films of the '50s and you apply a short clip of Christopher Lee baring his fangs. Y'all haven't obtained permission. Will you be sued?

The legal doctrine of Fair Utilise permits creators a degree of freedom to incorporate copyrighted works of others into a new creative work. The police recognizes that the rights of copyright holders to enjoy the profits of their creations must be balanced with the rights of creators to enjoy freedom of expression and build upon by works in the creation of their own.

The problem that can sometimes occur is that information technology can be very hard to define what constitutes fair utilise, and rights holders tin be aggressive in defending their copyright.

Navigating fair use can be a challenging suggestion. It is specially of import to the documentary filmmaker due to the fact that documentarians usually need to use more than copyrighted material than, say, the director of a period piece.

There are two of import things that y'all can practice as a documentary filmmaker to keep your product rubber: understand Off-white Utilize, and purchase Errors & Omissions Insurance. The first will assistance you avert beingness sued; the 2nd will help protect y'all if you are.

Weblog Mail service: Off-white USE

By:Doran S. Chandler -Roberts & Stahl, Amusement Lawyers

Entertainment lawyers are often chosen upon to help clients obtain Errors & Omissions insurance for their productions. This job is easy if the needs of E&O insurers are considered earlier product begins. However, the process can be hard and time-consuming if no thought is given to Eastward&O coverage until after the final cut is locked.

E&O Insurance covers claims against a production, including breach of copyright or trademark, breach of privacy, defamation and breach of contract. These claims do not usually surface until there has been a circulate or exhibition of the product.

East&O coverage is non included in the standard production insurance that is taken out for injuries, damage to property, etc. Only occasionally do you hear about the types of claims for which E&O insurance provides protection. For example, an activeness was brought several years ago against Dreamworks by an author who had written a book about the events depicted in the feature film Amistad. The author claimed that her copyright had been breached considering the picture told the story in ways which were similar to the book. More than recently, one of the characters depicted in the recently released feature film Boys Don't Weep has brought an action for alienation of privacy because of the style in which her life was depicted.

But nigh claims practice non make headlines; commonly they are threatened and then settled. Even if your insurer is ultimately successful in defeating a claim, it tin all the same be plush because of the legal fees involved. And even if a merits is settled, the producer generally pays.

Blog Mail service: THE VALUE OF A LAWYER

See besides: Contact a clearance lawyer early to avoid issues on your shoot

This article is written for the sole purpose of providing general legal information and didactics and is not intended equally a legal opinion specific to the laws of your jurisdiction.

Then, after seeing The Social Network you decide that you too desire to brand a film about a famous person's life, only you are non sure whether y'all will be able to go his or her permission. Is it possible for you lot to go ahead and make the film without getting the individual's permission and without getting sued?

Well, to the surprise of some, the short answer is yeah…in some cases. But while you may exist among those that are surprised by this respond, it will likely not surprise you that the real answer to the question is more complicated than a uncomplicated "yep" or "no". As with nearly legal issues, to comprehensively respond the question posed, a more than in-depth word is required.

Furthermore, while it may exist possible for yous to make a movie almost a famous person without getting sued, there are sound reasons why getting permission may withal be the correct choice for you. I such reason is the possible effect to your Due east&O insurance deductible, which could become much higher if you do non get permission.

Weblog Mail service: THE Frail Art OF MAKING A BIO Picture show WITHOUT GETTING PERMISSION

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Source: https://www.frontrowinsurance.com/errors-omissions-insurance-101

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