Well, is it an opinion or a rule?
Anyway, on the topic of E and O, I had never heard of that. Learned something new and hopefully... that won't be an issue later on with me!
E and O insurance Required by Distributors?
- Thread starter Jackson Miller
- Start date
Well, is it an opinion or a rule?
Anyway, on the topic of E and O, I had never heard of that. Learned something new and hopefully... that won't be an issue later on with me!
Steve House
Veteran
It is my opinion that it is a rule of life that people who aspire to be ethical should voluntarily adhere to.
E & O does indeed fall into the category of something that is advisable to have but it's not a breech of ethics should you choose not to. E&O protects against lawsuit if you fail to clear a music copyright or show someone's image without getting a release and get sued as a result of the error, that sort of thing. Not having it doesn't put others in jeopardy, all that does is increase your own expousre to risk and if you want to go that way, so be it. Of course many distriibutors won't touch your film if you don't have it but that's another issue. Same with insuring your equipment against loss or damage - it's a smart thing to do but you're the only one that potentially suffers if you don't have it so whatever you choose to do is fine from an ethical standpoint. But not having liability insurance exposes others to risk and that's simply not ethical.
mainstreetprod
Veteran
Those ultra low budget filmmakers who can't afford any sort of insurance could still have everyone involved sign a liability release before shooting. Also helps with the ethical implications as each crew and cast member knows up front that they are responsible for accident or injury.
Also, anyone above student level (such as someone with a videography business making a short or feature) should have basic liability insurance , which is inexpensive and solves the problem.
Also, anyone above student level (such as someone with a videography business making a short or feature) should have basic liability insurance , which is inexpensive and solves the problem.
Mainstreet,
I am not sure you understand the liability issue for the producer. If you employ people, or have any profit making motive, the producer will be liable for worksite issues for the employees. Even if you don't pay them, if you intend to make a profit, they are your employees. And it isn't just the folks on the set, it is any body or anything the production causes harm to, like an attractive nuisance car wreck for example. The liability release you suggest wouldn't be worth the paper it is printed on since the state L&I will have requirements about covering employees and will prosecute the producer for not having it after an accident occurs. Now if the producer hires a sound guy with a business license, that is a different story. But if someone trips over the sound guys breakaway cable, the victim will likely sue the sound guy AND the producer.
Although an individual on set may have basic liability insurance, that coverage does nothing in case that same individual is injured, it only covers other people or property injured by the policy holder.
Grant
Edit: When you purchase liability insurance, a question you will be asked is: Do you have employees, AND do you hire sub-contractors (like the sound guy). Your premium will be based on your answers.
I am not sure you understand the liability issue for the producer. If you employ people, or have any profit making motive, the producer will be liable for worksite issues for the employees. Even if you don't pay them, if you intend to make a profit, they are your employees. And it isn't just the folks on the set, it is any body or anything the production causes harm to, like an attractive nuisance car wreck for example. The liability release you suggest wouldn't be worth the paper it is printed on since the state L&I will have requirements about covering employees and will prosecute the producer for not having it after an accident occurs. Now if the producer hires a sound guy with a business license, that is a different story. But if someone trips over the sound guys breakaway cable, the victim will likely sue the sound guy AND the producer.
Although an individual on set may have basic liability insurance, that coverage does nothing in case that same individual is injured, it only covers other people or property injured by the policy holder.
Grant
Edit: When you purchase liability insurance, a question you will be asked is: Do you have employees, AND do you hire sub-contractors (like the sound guy). Your premium will be based on your answers.
Duke M.
Veteran
There are three types of insurance you had better concern yourself with:
1) Workers Compensation - This covers your employees. Don't think you have employees. There are dozens of ways to make volunteers into employees. For instance if you mentioned one time "If it makes it big I'll cut you in for a piece later." "I'll give you food and gas money."
2) Liability Insurance - If one of your cast or crew members damages something on a neighboring property or street its you they'll go after.
3) Errors & Omissions Insurance - It actually covers a wide variety of sins depending on how its written. It may be anything from a trademarked but everyday item in the film, or a joking reference to another show, an unnoticed picture in the back ground, etc.
I'd also strongly advice forming an LLC for each production, then spend all the money the LLC has when you funded it, then dissolve it so there's nothing for anyone to go after.
Then don't forget your acting, location, writer, etc contracts.
1) Workers Compensation - This covers your employees. Don't think you have employees. There are dozens of ways to make volunteers into employees. For instance if you mentioned one time "If it makes it big I'll cut you in for a piece later." "I'll give you food and gas money."
2) Liability Insurance - If one of your cast or crew members damages something on a neighboring property or street its you they'll go after.
3) Errors & Omissions Insurance - It actually covers a wide variety of sins depending on how its written. It may be anything from a trademarked but everyday item in the film, or a joking reference to another show, an unnoticed picture in the back ground, etc.
I'd also strongly advice forming an LLC for each production, then spend all the money the LLC has when you funded it, then dissolve it so there's nothing for anyone to go after.
Then don't forget your acting, location, writer, etc contracts.