First Media periodically publishes Media Insights — position papers on issues of interest to the media liability insurance marketplace.

We hope you find these papers thought-provoking and that they help you anticipate, identify and respond to media liability issues. If you have comments or suggestions for future papers, please contact us at OBPPinfo@onebeacon.com. We'd be delighted to hear from you.

The Media Insights newsletters are in Adobe Acrobat format. If you have not already done so, you may download the free Adobe Acrobat Reader.

Volume 20: A Historical Perspective on Music Rights
Music producers and digital users of music need to be mindful of rights of use, industry custom and practice, international law, developments in technology and appropriate risk management practices. This issue of Media Insights provides a historical perspective regarding music rights and modern infringement issues surrounding digital distribution.
››Download “A Historical Perspective on Music Rights”

Volume 19: Agreements with Sources Must Be Kept
Maintaining confidentiality agreements may seem straight forward to the uninitiated, but media professionals and their insurance brokers know otherwise. Journalists associated with high-profile legal cases are frequently asked to reveal their sources. The potential for misconceptions regarding the terms of the agreement, especially verbal agreements, can be enormous. Incomplete or ambiguously expressed agreements and terms can result in serious disputes. This issue of Media Insights offers thoughts regarding smart practices and important coverages for mitigating one's risk exposure.
››Download “Agreements with Sources Must Be Kept”

Volume 18: New Technology Changing Substance as well as Form of Communications and Behavior
Keeping current with modern communications practicies is important for recognizing budding risk exposures. This issue of Media Insights illustrates how the usage of technology-based communications is changing.
››Download “New Technology Changing Substance as well as Form of Communications and Behavior”

Volume 17: Music Copyrights: Records and Radio Royalty
Copyright laws pertinent to original compositions and to specific recordings are different in complicated ways, as are music licensing and royalty structures. Add to the mix the evolution in digital broadcasting and distribution, as well as a fluctuating legal landscape, and the environment is ideal for expensive litigation. This issue of Media Insights illuminates pressures to overhaul the U.S. copyright law, with regard to music, and how the foray into unchartered territory may aggravate liability exposures.
››Download “Music Copyrights: Records and Radio Royalty”

Volume 16: Cyber “Slips” Can Sink Corporate Ships
The convenience, immediacy and inherent informality of email and blogging communications have been found to contribute to corporations' public relations gaffes and, more seriously, legal exposure. With neither internal emails nor pseudonym postings completely private or anonymous, communicators need to remain mindful that negative consequences, no matter how unintentional, can be costly to both a corporation's financials and its reputation. This issue of Media Insights provides insight into establishing company policies and procedures as well as securing appropriate coverage to help minimize liability exposure from electronic messaging.
››Download “Cyber ‘Slips’ Can Sink Corporate Ships”

Volume 14: Digital Technology Developments Divide Content Providers
As media firms try to devise economic models that profit from the digital distribution of intellectual property, they may find themselves taking unprecedented positions and opening themselves to allegations of copyright infringement. Media Insights issue 14, Digital Technology Developments Divide Content Providers, examines complex issues and potential liabilities associated with the digital distribution of protected content.
››Download “Digital Technology Developments Divide Content Providers”

Volume 13: Jokes and Contests Can Lead to Serious Consequences
Unconventional media activities and their sometimes unexpected consequences have been taking center stage, of late. As media firms push the boundaries for attention, they would be wise not to underestimate the attendant risks. Undertaking such activities without consulting knowledgeable risk managers, legal counsel and, at times, medical experts or without knowing if the company's insurance policy provides adequate coverage can lead to an unintended but serious aftermath. Media Insights Issue 13 illuminates key questions the risk management team of a media firm engaging in atypical media activities should be asking their insurance provider.
››Download “Jokes and Contests Can Lead to Serious Consequences”

Volume 12: British Ruling May Help Media Abroad
A recent libel ruling in Great Britain's highest court underscores the burgeoning importance of free speech in countries where this freedom has not been traditionally recognized and protected. It also reminds us that global media companies are exposed to multi-national defamation laws that are varied, complex and shifting. Your global media clients need liability coverage that provides for claims arising anywhere in the world. First Media of OneBeacon Professional Partners answers the call. Read this issue to learn more.
››Download “British Ruling May Help Media Abroad”

Volume 11: Avoiding Blog Liability
The growing, widespread popularity of blogs creates new media law liability for certain issues previously unconsidered. As the courts grapple with establishing the law relating to blogs, companies who engage in blog publishing need to understand and manage their liability. Avoiding Blog Liability exposes the hidden risks and recommends smart steps toward minimizing exposure.
››Download “Avoiding Blog Liability”

Volume 10: Hewlett Packard Scandal Highlights Investigative Reporting Privacy Issues
The recent Hewlett Packard scandal and the infamous ABC PrimeTime / Food Lion case outline important precedents for acceptable newsgathering practices by both corporate America and the media. Courts and juries are not lenient on those who invade privacy, steal identity or commit fraud. Even when no law is broken, the use of invasive newsgathering techniques can lead to costly liability. Media Insights Issue 10 highlights ways to help mitigate exposure, including sensible questions corporate leaders and media should ask themselves prior to engaging in aggressive newsgathering activities and the type of coverage required for real security. Remember, the newsgathering act itself, not the dissemination of the information, triggers coverage.
››Download “Hewlett Packard Scandal Highlights Investigative Reporting Privacy Issues”

Volume 9: Revealing Photos Lead to Lawsuits
Invasion of privacy is a growing area of legal liability from photographs. Such a claim may arise from public disclosure of private "facts," even if the photo is taken "in public." Individuals and organizations – even those not associated with traditional media – are at risk. Today, with widespread dissemination of images easily accomplished electronically, litigation is commonly pursued. This issue uncovers where the emerging risk lurks.
››Download “Revealing Photos Lead to Lawsuits”

Volume 8: Fax Foibles Costly
With newly enacted legislation regarding “junk faxes”, media companies that advertise via “blast fax” are suddenly facing uninsured damages in excess of $100,000. Volume 8 of Media Insights summarizes many of the regulations invoked by the amended unsolicited fax advertising provisions of the Telephone Consumer Protection Act.
››Download “Fax Foibles Costly”

Volume 7: Even the Deceased Have Publicity and Privacy Rights
Litigation surrounding rights of publicity and of privacy seeks to strike a balance between individuals or companies exercising their First Amendment rights and personalities, celebrities or even private figures protecting against unauthorized commercial appropriation of likeness and intrusion. Correctly interpreting freedom of speech and public information protections can be challenging for any media entity. This issue summarizes three distinct cases that clearly demonstrate the complexity and broad scope of publicity and privacy rights violations and the absolute need for a media liability policy with comprehensive coverage.
››Download “Even the Deceased Have Publicity and Privacy Rights”

Volume 6: Digital Copy Rights Make Wrongful Copying Costly
The ease with which one can copy, publish and widely distribute words, music and images in the digital age has led to increasing copyright infringement. Defenses citing the inclusion of warnings or disclaimers, fair use and creative expression have fallen flat, leaving general businesses and even the most experienced communications professionals to grapple with costly damages that could have been avoided. This issue illuminates the very serious liability issues surrounding unlawful file sharing, sampling and free use of digitally formatted protected property.
››Download “Digital Copy Rights Make Wrongful Copying Costly”

Volume 5: Music Claims Create Discord
Producing recordings that too closely replicate a particular artist or composition are fodder for costly infringement claims. What's more, fault doesn't always end with the initial infringement; liability can trickle down to ancillary media concerns, such as distributors and broadcasters, if they fail to obtain proper verification of usage rights.
››Download “Music Claims Create Discord”

Volume 4: The Uncertain Applicability of “Fair Use”
Fair use is an extremely complicated and fact-intensive defense that often involves questions of both law and fact. As illustrated in this issue, it is difficult to glean bright lines from case law and seemingly similar cases result in different rulings.
››Download “The Uncertain Applicability of ‘Fair Use’d”

Volume 3: The Fair Use and Public Domain Defenses
Rationalizing the use of copyrighted material based on notions regarding fair use and public domain defenses can be a slippery slope. Issue 3 exposes the tenuous nature of such defenses and reveals the associated insurance implications.
››Download “The Fair Use and Public Domain Defenses”

Volume 2: Insuring Intellectual Property Claims
This issue demystifies today's essential coverages and unveils why the typical CGL policy is inadequate to respond to increasing exposures.
››Download “Insuring Intellectual Property Claims”

Volume 1: An Introduction to Intellectual Property Rights
Intellectual property litigation is quickly replacing defamation and invasion of privacy as the most serious and expensive threat to media companies. This issue provides an introductory overview of Intellectual Property Rights.
››Download “An Introduction to Intellectual Property Rights”

ADDITIONAL ARTICLES

Avoiding Libel, Invasion of Privacy and Infringement Lawsuits
Journalists must be alert to the potential for expensive litigation arising from advertising, publishing, broadcasting, news gathering and online activities. This paper identifies areas where journalists should exercise particular care.
››Download “Avoiding Libel, Invasion of Privacy and Infringement Lawsuits”

Crisis Management in the Newsroom
The purpose of crisis management is to effectively manage communications and to emerge from a crisis with one's reputation, credibility and business in tact. Some management do's and don'ts when facing a crisis.
››Download “Crisis Management in the Newsroom”