Claims Examples Ad Agencies Final
Misappropriation of Name/Likeness
Copyright Infringement
Why AXIS Media Liability Insurance
Claims examples may be based on actual cases, composites of actual cases or hypothetical claim scenarios and are provided for illustrative purposes only. Facts have been changed to protect the confidentiality of the parties. Whether or to what extent a particular loss is covered depends on the facts and circumstances of the loss, the terms and conditions of the policy as issued and applicable law.
An advertising agency and its client were sued for an advertisement of the client’s television which featured a photo of a well-known celebrity in one of his famous movie roles. The actor sued for misappropriation of likeness and infringing on his right of publicity.
An advertising agency produces a video spot. The production company secures releases from the talent but fails to maintain those releases on file. One of the actors alleges that the advertisement exceeded the agreed-upon run set forth in the release and brings a claim for infringing upon her right of publicity and for misappropriation of likeness.
Insured advertising agency produced a spot with original music written to evoke the style of a famous rock band. The band sues alleging copyright infringement of one of their original compositions.
Advertising agency sued for copyright infringement arising out of the unlicensed use of a font owned by the claimant. The font was used in major advertising campaigns. Fonts are subject to copyright protection.
Advertising agency produces a spot where a car is filmed next to a wall adorned with graffiti. It turns out that the graffiti was painted by a well-know artist who has copyrighted the work. The location agreement is silent with respect to art that may appear in the piece. The artist sues the advertiser for copyright infringement and invokes the warranties and indemnities clauses of the agreement with the agency.
All-Risk coverage agreement including Defamation, Invasion of Privacy or Publicity, Copyright/Trademark Infringement, Plagiarism, and Errors and Omissions
Primary or Excess coverage with capacity up to $20M
No “hammer” clausegoverning settlement
Occurrence policy form(claims made policy available)
Defense in addition to limit or Defense within limit policies
Worldwide territory
Damages include punitive or exemplary damages where allowed by law, most favorable venue language, and AXIS will not challenge the insurability of punitive damages
*Ratings of insurance and reinsurance subsidiaries of AXIS Capital Holdings Limited. The information is intended for use by licensed insurance producers and is not an offer to sell, or a solicitation to buy, any insurance product for a particular insured. Policy terms, conditions or exclusions may vary. No insurance product is offered or will be sold in any jurisdiction in which such offer or solicitation would be unlawful. Coverages are underwritten in the U.S. admitted market by AXIS Insurance Company (NAIC # 37273), a Chicago, Illinois property and casualty insurer licensed in all 50 states and the District of Columbia. Some products may be offered by AXIS companies not licensed in certain jurisdictions and therefore may be available only through licensed surplus lines brokers. More information about AXIS’ financial strength and individual insurance company ratings is available at https://www.axiscapital.com/who-we-are/financial-strength-ratings.
