Nearly every company distributes electronic content over the Internet. Each day there are 100 million daily video streams from YouTube.com, 10 million “Tweets” from Twitter, more than 60 million blogs being disseminated and more than 180 billion emails sent. Media companies, Internet service providers, technology companies, and even some general business companies are all at risk. Electronic Media Liability services are typically not described on professional liability insurance policies as a covered service. Companies without adequate coverage can be held liable for unwittingly publishing defamatory comments or content that infringes on copyrights or trademarks – even though they did not create the offending content.
Stuckey's specialized policy gives coverage for electronic publishing, web casting, or other distribution of electronic content on the Internet. Coverage includes copyright, domain name, trademark, trade name, trade dress, service mark, service name, title and slogan. The new policy also allows the option to include first-party network operations security coverage. This coverage gives an insured protection against unauthorized access, unauthorized use or a denial of service attack to the insured's computer system.
Stuckey & Company's Electronic Media Liability coverage goes beyond standard personal injury coverage. The policy forms now offer protection for five main areas of protection:
Any form of defamation or other tort related to the disparagement or harm to the reputation or character of any person or organization, including: libel, slander, product disparagement, trade libel, infliction of emotional distress, mental anguish, outrage, outrageous conduct.
Invasion, infringement or interference with the right to privacy or publicity, including: false light, public disclosure of private facts, intrusion and commercial appropriation of a name, persona or likeness.
Plagiarism, piracy or the misappropriation or unauthorized use of advertising ideas, advertising material, titles, literary or artistic formats, styles or performances.
Infringement of copyright, domain name, trademark, trade dress, title, slogan, service mark, service name.
Negligence with respect to the insured's creation or dissemination of electronic content.