E&O Film Insurance Protects Against Invasion of Privacy and False Light Accusations

Posted by Casey Budden on Oct 26, 2018 7:10:24 AM

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Ready for Prime Time: RELEASING AND Broadcasting your Finished Film

You’ve made it! After much hard work, your film is finished and being widely screened in theatres. Audiences love it, and very positive reviews have appeared in several notable publications. Pride and excitement are the order of the day as everyone involved enjoys the fruits of their labor. Extreme care was taken in the production, so you’re shocked when you’re informed that a lawsuit has been brought against you for invasion of privacy.

Invasion of privacy is a serious risk to which filmmakers are exposed, and it’s difficult to anticipate all possible sources of legal action.

Imagine this scenario:

Your movie is an adaptation of a well-known book—let’s say, a roman a clef about a Canadian rail disaster. Due to the length of the book and the demands of the feature film format, some artistic license necessarily had to be taken and the book was heavily adapted from the original. This is not unusual, but unfortunately an actual person recognized himself in one of your characters and took serious issue with the way he was depicted.

Claims of this sort are fairly common and fall under the rubric of “false light” accusations. The typical argument is that a specific characterization is unflattering and transparent enough that the average member of the public can easily deduce who it is based upon. In other words, the party in question has been presented “in a false light.”

Let’s also consider a second scenario:

Your film is a documentary about the Canadian boxing world. You’re very careful about securing releases from all parties discussed in your film and all recognizable persons who appear in the background. You’re confident that you’ve taken all necessary precautions, but you still receive notice that one of the fighters discussed has initiated a lawsuit against you for public disclosure of embarrassing facts. While your depiction was accurate, your film included some discussion of the fighter’s life after the boxing world and went into detail about a failed business venture. The party concerned considers this information embarrassing and not relevant to the subject of the documentary.

What can be done?

Generally, claims of invasion of privacy are more successful if the plaintiff can argue that:

  • The subject matter would be highly offensive to a reasonable person
  • The information is not of legitimate concern to the public (i.e., the information is not newsworthy).

It’s obvious that these terms are highly subjective. What constitutes “highly offensive?” Who is this fabled “reasonable person?” And what exactly is of “legitimate concern” to the public? Even when extreme care has been used, a lawsuit is sometimes unavoidable.

A Producers’ Errors & Omissions (E&O) Insurance Policy Is The Best Protection.

The last thing you want is to face a costly lawsuit after your film has already been released. An Errors & Omissions policy protects the entire lifespan of your project against situations such as the above, by helping arrange a legal defense against:

  • Allegations of unauthorized use of titles, formats, ideas, characters, plots, plagiarism
  • Allegations of libel, slander, and defamation of character
  • Allegations of invasion of privacy

Contact us for more information.

Tags: false light and E and O, invasion of privacy and filming, E&O Policy for producers, E&O copyright report, Film E&O, title clearance, media liability insurance policy, Producers Errors and Omissions Insurance, HD E&O, Producers E&O Insurance, Producers Errors & Omissions Liability Insurance, Multimendia Risk

Copyright Reports: Use Them To Minimize The Potential Of A Producers E&O Claim

Posted by David Hamilton on Jul 22, 2015 3:31:00 PM

Office_Contents_InsurancePrior to providing a Producers E&O quote, the film insurance company will recommend that you obtain a copyright report. At Front Row, we recommend that a copyright report be obtained on any book, play etc that the producer is buying rights to, or for any script that was not written as a work for hire by the production company’s own employees.

 The copyright report is important because they make you aware of any conflicting assignments that hinder or destroy the right to use the underlying work.  It is not common for someone to try to defraud you, but many owners of the underlying work do not fully understand previous option agreements or other contracts, or co-owners of the rights may already have assigned the film or TV rights to someone else.

 A recent claim involved a Producer of movie sued for copyright infringement.  Plaintiff alleges that her unpublished novel is the basis 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 film/TV rights to the underlying work is obtained, the producer should register that assignment with the copyright office.  This registration will prevent someone who obtains conflicting rights from establishing a priority of rights by beating the producer to the registration procedure.

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

 Front Row is an independent film insurance broker that works on behalf of filmmakers to transfer the risks of filming to insurance companies for the lowest possible cost. Front Row has offices in Vancouver, Toronto, Montreal and Los Angeles.

Tags: Producers E&O Insurance, copyright report film, copyright search report, production copyright report, E&O copyright report, script copyright report

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