IP, CGL … WTH? INSURING AN INTELLECTUAL PROPERTY CLAIM By Kevin C. Amrhein, CIC, CBIA
Most people think of New Year’s Day as the “beginning of a new me” (or perhaps “that day I’ll spend recovering from last night’s rager”). For those of us interested in the complexities of Intellectual Property (IP) rights, the ushering in of a new year also signifies the day that thousands of previously copyrighted works enter the Public Domain. Everything from images to music to full-length books are finally free to be used by anyone for educational, personal, or commercial purposes. “Fair Use” be darned! 4
Unfortunately, many folks don’t wait until this happens to effectively rip-off someone else’s copyrighted work. Intentional or not, unless usage is protected under federal “Fair Use” law, violators can face significant consequences.
PUTTING IT ONLINE DOESN’T = FREE TO USE I’ve talked with agents who believe that once an IP owner publishes their work online that’s it’s fair game to copy/paste/duplicate. This incorrect view is cited as the primary MARCH 2022
excuse in many of the IP-related claims that have been shared with me throughout the years. While the internet unarguably makes it easy to find and use people’s stuff, it doesn’t typically amend the owner’s IP rights.
THE INSURANCE BIT While some insureds may inquire about specialty markets designed specifically for IP-related claims, others will simply go about their business and hope (dare I say, assume) standard business liability insurance will be there if/when the
