I used a gripping photo of a crowd for a client’s bank advertisement. I bought the license on a major stock site, assuming it was fine. I didn’t notice the tiny “Editorial Use Only” tag, which means the people in the photo never signed model releases. One of the faces in the crowd sued the bank for “Right of Publicity” violation, and the bank is suing me for $50,000.
Key Takeaways
- Commercial vs. Editorial: This is the #1 cause of copyright lawsuits in 2026. “Editorial” means news only. “Commercial” means ads. Mixing them is negligence.
- “Right of Publicity”: This isn’t just copyright; it’s a privacy claim. Some IP policies cover copyright but exclude privacy violations.
- Indemnification: You likely signed a contract indemnifying the client against “legal defects” in your work. You are on the hook.
- Retroactive Licensing doesn’t work: You can’t buy a model release after the fact if the person never signed one.
The “Why”: The Personal Injury Exclusion
The Trap: Standard General Liability covers “Personal Injury” (libel/slander/invasion of privacy).
However, most policies have an “Intellectual Property Exclusion” that removes coverage for copyright, patent, and trademark.
The carrier might argue: “You misused IP (the photo), so we deny the claim.”
But you need to argue: “This is an invasion of privacy claim (Right of Publicity), which is covered under Personal Injury.”
It’s a legal grey area. You need a Media Liability policy that explicitly covers “Misappropriation of Name or Likeness.”
The Investigation: I Quoted 3 Major Carriers
1. Tokio Marine (Media Specialist)
- My Analysis: They specialize in multimedia liability. Their policy explicitly lists “Misappropriation of Name/Likeness” as a covered peril. They wouldn’t fight you on the definitions; they’d just defend the suit.
2. Hiscox
- My Analysis: Hiscox is generally good here. Their IP coverage usually extends to “unintentional violation of right of publicity.” I’ve seen them pay out on stock photo misuse claims.
3. Progressive Commercial
- My Analysis: Their standard BOP is risky here. The IP exclusion is broad. If the adjuster decides this is a “Copyright” issue (misusing the license), they might deny it.
[IMAGE: Screenshot of a Stock Photo license filter showing “Editorial” vs “Commercial”]
Comparison Table: Misuse Coverage
| Carrier | Right of Publicity Coverage? | IP Exclusion Impact | Cost | Best For… |
| Tokio Marine | Explicit | Low | | Ad Agencies |
| Hiscox | Included | Low | | Freelancers |
| Progressive | Vague | High | $ | General Biz |
Step-by-Step Action Plan
- Pull the License History: Download the receipt showing exactly what license you bought.
- Pull the Asset Page: Take a screenshot. Was “Editorial Only” hidden? Or was it in bold red text? This determines if you were “negligent” or “grossly negligent.”
- Notify Carrier: File under “Personal and Advertising Injury.”
- Cease Use: Tell the client to pull the ad immediately. Every day it runs increases damages.
FAQ
Can I just blur the face?
Too late. The violation already happened. And blurring can sometimes be considered “defacing,” leading to more issues.
Is the stock site liable?
No. Their Terms of Service explicitly say “User is responsible for checking license type.”
Does this cover the model’s demand for money?
Yes. Insurance pays the settlement to the model to make the lawsuit go away.