I woke up to a Cease and Desist letter from a creator with 5 million followers claiming my “Street Interview” series stole their “proprietary format” and “trade dress.” They aren’t just asking me to delete the videos; they are demanding 50% of my AdSense revenue from the last six months as restitution. I called my general business insurance agent, and he laughed nervously before telling me, “We cover you if you break a camera, not if you break copyright law.”
Key Takeaways
- Ideas are Hard to Copyright, Expressions Are Not: While you can’t copyright a “format,” you can be sued for copying specific “expressions” (scripts, distinct visual styles, trade dress). Even if you win, the legal defense costs $50k+.
- Media Liability is Mandatory: Standard General Liability (GL) explicitly excludes intellectual property (IP) claims. You need “Media Liability” or “Professional Liability with Media Endorsement.”
- The “Prior Acts” Date: If you buy insurance after you get the letter, it’s too late. The policy must be active when the video was posted.
- Settlement vs. Court: Insurance prefers to settle. They might pay the other creator $10k to go away rather than pay a lawyer $100k to prove you are right.
The “Why” (The Trap): The IP Exclusion
Most creators rely on a cheap General Liability policy (the kind you buy for $25/month to get a filming permit).
The Trap: Read the “Exclusions” section. You will find “Intellectual Property Laws or Rights.”
This clause removes all coverage for copyright, patent, trademark, and trade secret claims.
Without a specialized Media Liability policy, you are personally liable for the legal defense fees. In 2026, AI-generated legal threats are automated and cheap for the accuser, but expensive for you to defend.
[IMAGE: Screenshot of a General Liability policy showing “Exclusion – Intellectual Property” highlighted in red]
The Investigation: I Called Them
I acted as a YouTuber accused of format theft.
1. Hiscox (Media Liability)
- The Verdict: They are the industry leader for small creators. Their policy specifically covers “Copyright Infringement” and “Plagiarism.”
- The Cost: Starts around $500/year.
- The Defense: They provide a lawyer. This is the real value. A scary letter from your insurance lawyer often makes the accuser back down.
2. Thimble
- The Verdict: Their standard “Creator” policy is great for bodily injury, but the Professional Liability section has low sub-limits for IP claims (often capped at $10k or $25k).
- The Risk: A major lawsuit will burn through $25k in legal fees in one week.
3. Chubb (MediaGuard)
- The Verdict: High-end. Best for production companies. They cover “Trade Dress” infringement (copying the “look and feel”), which is exactly what “stolen format” claims usually are.
Comparison Table
| Carrier | Policy Type | IP Defense Limit | Trade Dress Coverage? |
| Hiscox | Media Liability | Up to Policy Limit ($1M) | Yes |
| Thimble | General Liability + E&O | Low Sub-limit ($25k) | Limited |
| Chubb | Commercial Media | High ($1M+) | Yes |
Step-by-Step Action Plan
- Do Not Reply: Do not DM the accuser. Do not tweet “I didn’t steal it!” Anything you say will be used to prove “willful infringement.”
- Call Your Insurer: File a “Notice of Circumstance.” Even if you aren’t sued yet, let them know a threat exists.
- Compare the Content: Use an AI comparison tool to see how similar the transcripts actually are. If it’s just the “idea,” you are likely safe legally, but you still need a lawyer to write the rejection letter.
- Check “Retroactive Date”: Ensure your media liability policy has a retroactive date that predates the video upload.
FAQ
Can I be sued for stealing a “vibe”?
Legally, no. “Style” is rarely protected. But “Trade Dress” (a specific combination of fonts, colors, and editing style that identifies a brand) is protected.
Does Fair Use protect me?
Fair Use is a defense you argue in court. It prevents you from losing, but it doesn’t prevent the lawsuit expenses. Insurance pays the expenses.
What if I accidentally used their thumbnail?
That is direct copyright infringement. Insurance usually covers this negligence.