Virtually all distributors in the United States require Errors and Omissions Insurance before they will release a motion picture.  A film producer might create the next Oscar winner, but if the producer cannot secure insurance, no deal will be made.

Insurance (a/k/a Filmmaker Malpractice Insurance) protects a filmmaker and distributors if the filmmaker negligently fails to secure rights to a film. It protects against copyright and trademark suits for infringement, as well as action claiming defamation, invasion of privacy, violation of rights of publicity and other violations of intellectual property. If a filmmaker has violated a third-party’s right, such as using music that has not been properly licensed, not only will the filmmaker be liable but everyone in the chain of distribution may be liable as well. That means sales agents, distributors, exhibitors and retailers can each be sued even if they had no role in producing the movie.

Wendy Drummond provides affordable legal services for many independent filmmakers.  Contact her if you would like to discuss your  production legal needs.