Dodging the Copyright Infringement Minefield

Copyright infringement is a critical issue for businesses in the digital age. As professionals become more reliant on technology and information sharing, the risks associated with intellectual property (IP) infringement also increase. This article will explore the risks of copyright infringement and offer potential claims examples to illustrate the importance of cover under Professional Indemnity (PI) insurance.

A Closer Look

Copyright infringement cover under a PI policy provides cover for loss, damage, or liability arising from claims made as a direct consequence of any inadvertent infringement or alleged inadvertent infringement of any copyright, patents, or other intellectual property rights arising out of the conduct of the Professional Business.

Copyright Infringement and Professional Indemnity

Professional indemnity insurance is crucial in protecting businesses from potential loss, damage, or liability arising from claims related to copyright infringement. In the course of providing professional services, a company may inadvertently use copyrighted material, leading to claims of infringement. This could result in significant legal costs, financial losses, and reputational damage.

Potential Claims Examples

Copyright Infringement Images

A graphic design company uses a copyrighted image in one of its client projects without obtaining the necessary permission or license. The original copyright holder discovers the infringement and files a claim against the graphic design company for damages.

Plagiarism in a Marketing Campaign

An advertising agency creates a marketing campaign for a client, inadvertently using copyrighted content from another source. The original copyright holder pursues legal action against the advertising agency for copyright infringement.

Infringement of Software Code

A software development company creates a new application that incorporates copyrighted code from a third-party source. The original owner of the code becomes aware of the infringement and files a claim against the software development company.

Patent Infringement

An engineering firm designs a product that inadvertently infringes on an existing patent. The patent holder files a claim against the engineering firm for patent infringement.

Protection is not a Luxury

As technology continues to advance and information becomes more accessible, the risk of copyright infringement in professional business activities increases. Professional Indemnity offers crucial protection against the potential legal and financial consequences of such claims. By understanding the risks associated with copyright infringement and having the right insurance coverage in place, businesses can mitigate the adverse impacts and continue to operate confidently in their respective industries.

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Important Notice

Berkley Insurance Company (limited company incorporated in Delaware, USA) ABN 53 126 559 706 t/as Berkley Insurance Australia is an APRA authorised general insurer. Information provided is general only and has been prepared without taking into account any person’s particular objectives, financial situation or needs. Insurance cover is subject to terms, conditions, limits, and exclusions. Underwriting criteria applies. When making a decision to buy or continue to hold a financial product, you should review the relevant Policy Wording.