Producers E&O Insurance: Avatar Producer Receives Credit Where Credit Is Earned Thanks In Part To Producers E&O Insurance

Posted by David Hamilton on May 26, 2015 11:53:00 AM

TV and Film Producers E&O protects producers from unfounded claims elleging misappropriation of film story ideas.

AVATAR is a movie that was released in 2009. Most people think James Cameron came up with it, including James Cameron. Until one day a man spoke out and claimed that he pitched this multi award winning movie to Cameron. Sounds like a case where Producer’s Errors & Omissions insurance might come into play.shutterstock_112856104

Apparently the two had a meeting in the early nineties, and it was at this meeting that Cameron, also known as the director of TERMINATOR decided to start getting movie ideas from someone he barely knew. Not likely! As the Judge put it: Cameron’s ideas before 1991 included “transporting consciousness to another form, evil mercenaries attempting to exploit resources in a jungle-ike setting, a jungle containing bioluminescent plants and unusual animals, a protagonist fighting alongside natives against a superior fighting force and a sentient planet.” Since the plaintiffs claims appear to be somewhat frivolous, let’s take a look at producer’s errors & omissions insurance and see how it would help in this situation.

Producers Errors and Omissions Insurance, covers legal liability and defense for the production company against lawsuits alleging unauthorized use of titles, formats, ideas, characters, plots, plagiarism, unfair competition or privacy, breach of contract. It also protects against alleged libel, slander, defamation of character or invasion of privacy. This coverage will usually be required by a distributor, broadcaster or financier prior to the release of any theatrical or television production. Production financing will usually not flow until Producers E&O coverage is in force.

When quoting Producer’s Errors and Omissions insurance on a film project, we always ask if the producers have “Title Clearance” and if they have done their legal due diligence to make sure they aren’t engaging in copyright infringement. In the case of AVATAR, Cameron would have had to represent on the Producers E&O application that to the best of his knowledge he was not willfully copying someone else’s work. In the event of a law suit the insurance carrier will cover defence costs associated with the suit. In addition, the Producers E&O will even pay for rulings against the E&O policy holder. If, however, the client has misrepresented a fact or committed a crime, the Producer’s Errors and Omissions policy becomes void. Film and TV Producers Errors and Omissions insurance is a worthwhile investment if you're a film producer.

 

 

 

 

 

 

 

Tags: E&O insurance for Films, E&O Insurance, TV and Film Producers E&O Insurance cost, Producers E&O Insurance, Producers Errors and Omissions Insurance, title clearance

Harrison ford and film production cast insurance

Posted by David Hamilton on May 20, 2015 10:24:00 AM

Harrison Ford and film production insurance. These terms go together like peanut butter and nuclear warfare.

Han Solo is at it again. After being injured on
film production the set of STAR WARS, Ford- in an attempt
to do his best Buddy Holly impression-was 
injured in a minor plane crash. While flying
his vintage plane he experienced engine
trouble and crashed on a Venice California
gold course. Hopefully next time he'll have
the decency to yell "FORE" before impact.
How will his future film projects be affected?
One thing's for sure, the insurance industry
is taking note.

It has already been reported that insurance carriers associated with Ford’s future film projects may put it in writing that he is forbidden to fly recreationally so long as they carry the film production insurance on his movies. Cast Insurance Coverage reimburses the production company for any extra expense or cost necessary to complete the principle photography of a covered production due to the death, injury or sickness of any covered performer or director. However, most film insurance policies have exclusion under the Cast Coverage for any covered cast member taking part in flying other than as a passenger. 

It is very important for a production to obtain detail on their artist outside interests when signing them onto a project as these type of policy exclusions can become very expensive issues down the line. LLOYDS OF LONDON might be inclined to write a policy that would protect him even if he were to fly during production; however, the premiums would above and beyond the cost of the primary film insurance package. It looks like if Ford wants productions insurance he may have to stick to flying the Millennium Falcon on set. Don't fly, Harrison! Don't Fly!

Tags: Cast Insurance, Cast coverage, Harrison Ford insurance, Harrison Ford flying, Film Productions Cast Insurance, Actors Insurance Actor Insurance

Power Rangers and producers errors & omissions insurance

Posted by David Hamilton on May 13, 2015 2:51:00 PM

Looks like a recent parody web video didn’t have producers errors & omissions insurance. A music video director by the name of Joseph Kahn posted a 14-minute Power Rangers parody on Youtube and it quickly went viral, garnering 1.4 million views.

All is not well, however, as Kahn says he is being harassed by the owners of Power Rangers to take the video down because they say he is willfully engaging in copyright infringement. This is what producers errors & omissions insurance is for.

producers errors & omissions insuranceYou see when you embark on a parody production you are immediately on shaky grounds in terms of copyright infringement. If, however, Mr. Kahn had purchased producer’s errors & omissions insurance, the in-house legal counsel would have run title clearance to make sure that he was not doing what he is currently being accused of. In short it likely would have been impossible for him to get insurance had he disclosed that he was using the intellectual property of Power Rangers without written consent. If this is true and he wasn’t able to get insurance then he would be financially responsible for any court ordered restitution he is ordered to pay to the ip holders. All hope is not lost, however.

Legal experts are saying there is a gray area where fan fiction is concerned. Usually it’s done by a little guy with not a heck of a lot of scratch and is a judge really going to side with a billion dollar studio over “Fred from his parent’s basement?” Doubtful. In any case, if purchased,  producer’s errors & omissions insurance will cover court costs and settlements where the copyright infringement was proven unintentional. Having said this it is important for content creators to do their own due dilligence.

Otherwise not even the Power Rangers will be able to save them once the blank hits the fan.

The fan of Power Rangers.

Tags: E&O insurance for Films, Errors and Omissions coverage for films, Producers E&O Insurance, Producers Errors and Omissions Insurance

Canada's largest film insurance broker acquires cultureONE Inc.

Posted by David Hamilton on May 1, 2015 12:11:00 PM

Vancouver, Canada - - May 1, 2015 - - Front Row is pleased to announce the acquisition of cultureONE. 

 

As the leading brokerage in the Canadian performing arts scene, cultureONE provides innovative insurance solutions for theatre, dance, and opera producers and protects iconic Canadian venues such as Massey Hall, the Four Seasons Centre and Roy Thomson Hall.  They proudly insure producers such as the Shaw Festival, Canadian Opera Company and Soulpepper Theatre Company.  Their actONE program has been protecting producers for years and the launch of the PACT Bond Program made it easier for Canadian producers to finance the cash flow demands of their productions. 

With their ONE-2-3D program for animation, VFX, DM and post-production companies, cultureONE created new options for companies like SOHO VFX, Redlab, Intelligent Creatures, Rocket Science VFX, ToonBox and Keyframe Digital.

Front Row President, David Hamilton commented, “As we spent time getting know Steve and his team, it became clear that we shared a simple, yet powerful, philosophy; put the client first and the rest of the business will take care of itself.”

 

"We saw this as an incredible opportunity to build on the work we were doing for our clients in arts, culture and heritage.  I have always had the utmost respect for Front Row and when presented with the opportunity to combine our resources I knew we could build something really special.” said Steve Beatty, President of cultureONE.

 

The combined company is licensed and registered in all Canadian provinces and works extensively with the leading insurance companies for entertainment insurance, such as Travelers, Chubb, Allianz and Everest.

 

Front Row is an independent, Canadian-owned brokerage, specializing in film & television insurance.  The brokerage works with Canada’s top producers of live action and digital media  and has offices in Vancouver, Toronto, Montreal and Los Angeles.  Their technical expertise, market leverage and commitment to fair and timely claims settlements always sets them apart from their competitors.

 

cultureONE staff will move into the Toronto Front Row head office location at Dundas and University in mid-May and their contact phone numbers and e-mail will be the same.



 

Tags: Announcements

Recent Posts

Posts by Topic

see all