I shot a portrait session in front of a mural. I posted the photos on Instagram to promote my business. The mural artist sued me for Copyright Infringement (using their art for commercial gain without a release). My business liability policy denied the claim under the “Intellectual Property Exclusion.”
Key Takeaways
- Advertising Injury: Standard General Liability covers “Advertising Injury” (libel, slander, copyright infringement in ads). However…
- The IP Exclusion: Many modern policies specifically exclude copyright/trademark infringement related to “content creation” or “professional services.”
- Media Liability Insurance: You need a specialized Media Liability policy. This covers IP defense for creators.
- Property Release: The root cause was failing to get a Property Release from the mural artist. Insurance covers the defense, but they will scold you for the oversight.
The “Why” (The Trap)
The trap is “Commercial Use of Art.”
Taking a photo of a mural for fun is Fair Use (usually).
Using that photo to advertise your photography business is Commercial Use.
If you didn’t pay the artist, you are infringing.
Standard business insurance treats IP lawsuits as “Business Disputes,” not accidents, and excludes them unless you have the Media rider.
The Investigation (My Analysis of IP Coverage)
I looked at who defends creatives.
Hiscox (Professional Liability)
- The Clause: Often includes coverage for “Copyright Infringement” in the course of your professional services.
- The Defense: They pay the lawyer to argue “Fair Use” or settle the claim.
TCP (Tom C. Pickard)
- The Specialist: They offer specific endorsements for photographers that broaden the “Advertising Injury” definition to include your portfolio.
Standard GL (State Farm)
- The Risk: Often has a strict IP exclusion for “Media/Internet” businesses. As a photographer, you are a media business.
[IMAGE: Photo of a “Property Release” form on a clipboard in front of a graffiti wall]
Comparison Table
| Feature | Standard GL | Media Liability (E&O) |
| Bodily Injury | Yes | No |
| Copyright Infringement | Excluded | Covered |
| Model Release Errors | Excluded | Covered |
| Cost | Low | Med |
Step-by-Step Action Plan
- Get Releases: If a background is art (mural, sculpture), get a Property Release. Apps like “Easy Release” make this fast.
- Check Policy for “IP Exclusion”: Read your GL policy. If it excludes IP, ask for a buy-back or switch carriers.
- Takedown Immediately: If you get a Cease & Desist, take the photo down. Leaving it up after notice voids insurance coverage (Intentional Act).
- Buy Media Liability: If you license stock photos or run big ad campaigns, this is mandatory.
FAQ
Does this cover if a client sues me for posting their photo?
Yes. That is a “Right of Publicity” claim. Media Liability covers it.
What if I accidentally used a copyrighted song in a Reel?
Covered defense, but the platforms (IG/TikTok) usually just mute it. A lawsuit is rare unless it’s a TV ad.
Is the client liable?
If you sold them the photo for commercial use, you likely indemnified them. You pay.