AXIS Media and Entertainment - Claims examples
Copyright infringement
An advertiser and its advertising agency use a jingle house to compose music for a forthcoming ad campaign. The advertiser believes that the sound of a certain rock band goes with its desired branding but does not have the budget to license the work. Accordingly, it directs the agency and, in turn, the jingle house, to compose music which evokes that band’s work. Three versions of the original composition are presented by the jingle house. Of the three, one of the versions most closely evoke the music of the band. Notwithstanding the advice of both the jingle house and the advertising agency that the campaign should use one of the versions which has less in common with the band’s work, the advertiser directs the agency to use the one that is closest. The band sues the advertiser for copyright infringement of its composition. As the advertiser took control over that creative aspect of the campaign, neither the jingle house nor the advertising agency owes the advertiser defense and indemnity.
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.
