[Jeff Davis]

I have to agree with Tom.

Email (ironically) does a fabulous job of creating a “paper trail”.

The key is to cut to the chase, avoid ambiguity, and never email with emotion. 🙂

[Jeff Davis]

[Anybody working in any kind of media that deals with facts, especially if self-employed, NEEDS E&O insurance for the work you create.]

Just wanted to add that E&O insurance is generally required by distributors on feature films projects, as well. While you definitely want to get E&O for documentary, it’s equally necessary for film and TV.

– If you create a fictional character that ends up with similarities to an actual person, place or event, that’s where E&O insurance covers you.
– If you accidentally film a car’s license plate and neglect to fuzz it out, that person can say you’ve invaded their privacy.
– If you include a piece of artwork in the background that you didn’t get permission to photograph, its owner has a claim against you.
– If your title violates someone else’s trademark, the cost of a suit could be staggering.

There are a TON of reasons to get E&O coverage and anyone working on professional scale projects simply must get it. If you’re doing straight-to-the-web stuff or very small scale stuff that’s unlikely to make any money, it may not be a big deal. But as soon as you start selling your work, I would consider it mandatory.

What I think this thread has overlooked is that within the film industry E&O covers everything you SHOULD have obtained permission to use but accidentally DIDN’T.

So to answer the Subject of this thread — No, it’s not a scam. It’s absolutely essential for film and TV professionals.