Shooting on location · image rights · borrowed equipment
Liability insurance for a self-employed content marketer
Writing produces little physical damage. The moment you walk into a client's premises with a tripod, a light and a camera changes that in one go.
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Deze pagina in het Nederlands: Aansprakelijkheidsverzekering voor een zelfstandige content marketeer.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
Enter your details; you will receive a proposal within one working day.
- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
For a content marketer the public and employers' liability insurance has one clear field of application: everything that goes wrong while you are working somewhere. A light that falls into a shop display, a tripod that damages a parquet floor, a cable an employee trips over or a visitor who is injured on a shoot day. That is injury and property damage to someone else and you are liable for it under Article 6:162 of the Dutch Civil Code.
Your substantive risk lies elsewhere. A brand claim in a text that cannot be substantiated, a comparison with a competitor that goes too far or a campaign that costs the client a product recall leads to a claim about money. Pure financial loss of that kind does not belong on the AVB but on professional indemnity insurance. The same applies to the consequences of a reprint after an error in a print run: the new print is your own performance.
Finally, watch rights. A photograph without a licence, music under a reel or a recognisably depicted employee who objects to it on the basis of his image rights (Article 21 of the Dutch Copyright Act): these are the most common legal conflicts in this line of work, and infringement of intellectual property is excluded on an AVB. Work with recorded licences and releases.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
What to look out for
Four points that determine whether a content marketer's loss belongs on this policy.
The shoot day on location
Studios, shops, factory halls and offices are the places where your physical risk lies. Lighting, extension leads and tripods cause trips and damage to fittings and products. Ask about the house rules in advance, cover vulnerable surfaces and photograph the space on arrival, so that existing damage is not attributed to you.
Equipment that is not yours
A borrowed camera body, a hired lens or a set belonging to the client is in your care without your being the owner. Damage to it falls under the care, custody and control exclusion and is therefore not covered. Arrange that through the hire agreement or through separate equipment cover, and agree who bears the risk during transport.
What falls outside the cover
Excluded are pure financial loss, infringement of copyright, trade mark rights and image rights, fines from regulators such as the Autoriteit Consument en Markt (the Dutch consumer and markets authority) for misleading advertising, items you have in your in your care, and intent or deliberate recklessness under Article 7:952 of the Dutch Civil Code.
Personal data in campaigns
If you work with your client's mailing lists, lead forms or tracking pixels, you are processing personal data. A leak or a wrong mailing is not damage to property and falls outside the AVB. The costs of remediation and notification belong on a cyber insurance. Set out in a data processing agreement what you may do with that data.
What does your premium depend on?
- Annual turnover: the basis used for a self-employed person
- Share of work done on site: shoots and events weigh more heavily than writing
- Use of third parties' equipment: hire and loans call for a separate arrangement
- Type of clients: production sites and shops differ from office environments
- Area of cover: shoots abroad call for an adjustment
- Sum insured and excess: per claim and per insurance year
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A shopper walks through your set and falls over a sandbag | Yes | No |
| You spill a glass over the chair's laptop at a client event | Yes | No |
| An engineer you are filming is injured because you had him pose without gloves | Provided that | No |
| Your drone hits the gutter of the business premises while taking aerial footage | No | No |
| The customer has to pull an advertisement after a complaint about a promise that cannot be substantiated | No | Provided that |
| The customer claims lost turnover because you did not meet the content calendar | No | Provided that |
Aerial and drone footage is a separate cover; declare it in advance if you carry it out yourself.
Frequently asked questions
This is what people ask us most.
During a shoot a light fell onto the customer's display case.
That is damage to a third party's property and belongs to the core of this insurance, provided you are liable. Report it to your insurer straight away, take photographs of the set-up and do not admit liability on the spot. That assessment is for the insurer. If you had moved or arranged the display case, the care, custody and control exclusion can still come into play.
I used a photograph for which I had no licence.
A claim from the rights holder is infringement of intellectual property and that is excluded on public and employers' liability insurance. Some professional indemnity policies for communication professions offer limited cover here, but that is never a given. Keep a record per publication of which licence you have and keep the evidence.
The campaign produced nothing. Can the customer hold me liable?
Anyone can bring a claim, but a claim of that kind is about lost budget and lost turnover. That is pure financial loss and the AVB does not cover it. Limit this risk in your order confirmation: describe what result you do and do not promise, and insure the residual risk on professional indemnity insurance.
As a self-employed professional, am I obliged to insure this?
Not in law, but many clients and agencies require it by contract before you are allowed to work at their premises. Bear in mind too that without insurance a third party's claim lands entirely on you personally, including the cost of defence. Declare in the application which activities you actually carry out, so that the capacity described matches them.
Read more
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