AXIS Media and Entertainment - Claims examples
Misappropriation of name/likeness
1.
An advertiser commissions a television advertising campaign, which the agency films using several actors. The actors duly sign the appropriate releases, but unbeknownst to the advertiser, the releases contain limitations about how long the advertisement can run. The advertiser posts the ad to the internet, where it remains available for viewing for far longer than that allowed by the releases. The actor’s sue for misappropriation of likeness.
2.
An advertiser’s in-house marketing group puts together an ad which they intend to run on social media. The marketing department is largely composed of interns, and due to an error, an intern pulls a photograph from the internet and does not consider that the person appearing in the photo has a right of publicity and that a release is required. The intern posts the ad to the internet without running it by the legal department, and a claim ensues.
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.
