I thought I was covered. I had “Professional Liability.” But when I was sued for using a trademarked logo in a video, the claim was denied. Why? Because my policy covered “Errors in Services” (like missing a deadline) but excluded “Content Creation.”
Key Takeaways
- Media Liability is a Specialized Form: It is not standard E&O. It is designed for Publishers, Broadcasters, and Creators.
- The Definition of “Wrongful Act”: You need the definition to include: Defamation, Libel, Slander, Copyright Infringement, Trademark Infringement, Invasion of Privacy, and Misappropriation of Likeness.
- Occurrence vs. Claims-Made: Most Media policies are “Claims-Made.” You must have the policy active when the claim is filed, regardless of when the video was posted.
- The “Content” Endorsement: Ensure the policy defines “Content” to include social media posts, videos, podcasts, and metadata.
The “Why” (The Trap): “Services” vs. “Media”
Standard E&O covers actions (consulting, advice).
Media Liability covers speech (videos, posts).
If you buy generic “Consultant E&O,” it excludes IP claims.
You must see the words “Media Liability” or “Multimedia Liability” on the header.
[IMAGE: Snapshot of policy wording: “Insuring Agreement: Media Liability”]
The Investigation: I Read the Specimen Policies
1. Hiscox “Media PL”
- Clause: “We will pay damages… arising from the dissemination of matter… involving infringement of copyright, title, slogan, trademark, trade name, trade dress, service mark, or service name.” -> PERFECT.
2. General Liability “Advertising Injury”
- Clause: “Excluding intellectual property rights.” -> USELESS.
3. Thimble “Creator”
- Clause: Covers “Professional Services.” Check the definition. Does it list “Video Production”? If yes, good. If it lists “Marketing Consulting,” bad.
Comparison Table
| Coverage Term | Standard E&O | Media Liability |
| Missed Deadline | Yes | Maybe |
| Copyright Theft | No | Yes |
| Defamation | Maybe | Yes |
| Privacy Violation | No | Yes |
Step-by-Step Action Plan
- Download Your Policy: Search for “Intellectual Property.” If it’s in the Exclusions list, you are wrong.
- Ask for the “Media Endorsement”: If you can’t afford a standalone policy, ask if your GL carrier can add “Media Perils.”
- Check “Prior Acts”: If you switch insurers, ensure the “Retroactive Date” stays the same. Do not create a gap.
- Cover Your Team: Ensure the policy covers “Employees and Independent Contractors” so your editor’s mistake is covered.
FAQ
Is this expensive?
For a small channel, ~
500−500−
800/year. For a large channel, $2k+.
Does it cover breach of contract?
Usually No. That is a business dispute.
What about AI content?
2026 policies are starting to exclude “Content generated primarily by AI.” Check this carefully!