For Independent Filmmakers

Welcome

Our Independent Filmmaker pages are loosely organized in the chronological order of legal and business matters you might face throughout your project -- from treatment to final cut. Please help us improve our site. If you notice an error or have a suggestion for a link or additional information, please contact us.

THIS WEB SITE HAS BEEN PREPARED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE OR A LEGAL OPINION. ONLY YOUR ATTORNEY CAN ADVISE YOU ABOUT WHICH LAWS ARE APPLICABLE TO YOUR SPECIFIC SITUATION.

Insurance

Insurance needs will vary from film project to film project depending on the scale, location, equipment, cast, crew and budget of your production. For student films, the school should supply the insurance coverage and any necessary certificates.

Workers’ Compensation

Workers’ Compensation is a no-fault system that provides replacement income and covers the medical expenses of employees (cast and crew) who are injured on the job. It is regulated by state law.

Any work-related illness or injury (except those that are intentionally self-inflicted or caused by illegal substance abuse) is covered by workers’ compensation insurance. The law provides for medical care to cure the injury, payment for lost wages and payment for permanent disabilities. Workers’ comp insurance is purchased through private insurance carriers. The premium depends on job classification codes that rate high-hazard and low-hazard occupations — and payroll — the higher the payroll the higher the premium. Independent contractors will probably be considered employees, but ask to be sure.

General Liability

Filming in a public park? At a university or church? In an office, retail establishment or restaurant? General liability insurance will likely be required. It covers against damage to the space itself and injury to those in attendance who are not working on the film. But it does not protect against liability caused by an employee automobile accident while on the job. Short-term and annual policies are available. Some experts say $2 million of liability insurance should be plenty, while others recommend $1 million.

Equipment Insurance

If you are renting equipment, it may not be necessary to obtain your own insurance because the equipment probably is insured through the rental company. However, if you plan on purchasing or borrowing equipment, even if it is from a friend, you should consider equipment insurance. You don’t want to get halfway through filming only to discover that the camera that just broke isn’t covered.

Purchasing Tips

You may want to check out the film production insurance policies offered by Fractured Atlas, a New Yorkbased nonprofit organization that provides services to artists and arts organizations. You will have to join the organization to take advantage of its insurance, which is offered only on an annual basis. But the affordable rates will make it well worth the membership fee:

For budgets under $100,000, coverage runs about $425 for liability alone or $600-$700 with equipment rental coverage added. Filmmakers working in most states also can purchase workers’ compensation through Fractured Atlas, and volunteers also can be covered.

BDP&W Financial Group, formerly Beyer Insurance, offers affordable per-project insurance packages that can include workers’ compensation coverage. The company is well known among Midwest filmmakers for its helpful service.

For workers’ compensation coverage, another option is to use a paymaster service such as St. Louis-based Payers for Players. The company, which becomes the employer of record for all talent and crew members it pays, includes workers’ compensation coverage in its menu of services.

Errors & Omissions Insurance

Commercial distributors and most broadcasters require E&O Insurance. It provides protection against lawsuits alleging unauthorized use of titles, copyrighted material, ideas, format, characters, plots, plagiarism, unfair competition, defamation and invasion of privacy. This insurance typically requires the counsel of an entertainment lawyer who will review your script, clearances and releases.

For documentary filmmakers, there is good news about E&O coverage: The four major providers — AIG, Media/Pro, ChubbPro, and OneBeacon — have new programs to cover fair use claims that are consistent with the Documentary Filmmakers’ Statement of Best Practices in Fair Use.

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