What writers get sued for, and how media liability works
Book authors, self-published authors, ghostwriters, freelance writers, copywriters and bloggers all publish words about real people, ideas and products. When someone says those words defamed them, invaded their privacy or copied their work, media liability defends you. Here's where claims come from and how the coverage works.
Ready for a policy? Get a writer quote from CreatorSure. Blogging? Get a blogger quote from CreatorSure.
Where claims come from
- Memoir and nonfiction about family, exes, employers and public figures.
- Fiction based on real people, when a character is recognizable.
- Quotes, lyrics, images and excerpts you didn't license.
- Reviews and blog posts about businesses, products and people.
- Client copy that makes claims about a competitor or borrows someone else's text.
- Ghostwritten books, where a claim over the content can reach the writer as well as the named author.
Sending your writing by email? See insurance for newsletter writers. Reporting on real events? Read journalist insurance.
How media liability works for writers
A claim usually starts as a demand letter to you, your publisher or your client. Your policy pays for a lawyer to answer it, then defense costs and covered settlements or judgments, up to your limit. Coverage depends on your policy terms.
Books, articles and posts stay in print and online for years, so CreatorSure sets up your policy to cover what you've already published, not only what comes next.
Publisher contracts vs freelance work
- Traditional publishing. Most book contracts include a warranty and indemnity clause. You promise the book doesn't defame anyone or infringe anyone's work, and you agree to cover the publisher if it does. Some publishers extend their own media policy to authors, many don't. Ask before you sign.
- Self-publishing. There's no publisher policy and no legal read before release. You're the author and the publisher, so a claim names you.
- Freelance and copywriting. Client contracts often ask you to indemnify the client for what you write. Your own policy is how you back that promise.
- Ghostwriting. Your name isn't on the cover, but your contract often still makes you answer for the content.
Platforms, Section 230 and your own words
Amazon KDP, Medium, WordPress and similar platforms have terms that protect the platform. They can remove a book or post, but they don't defend you against a legal claim.
In general terms, Section 230 is a US law that protects platforms and site owners from many claims over content other people post. It doesn't protect you from claims over words you wrote yourself. If you run a blog with reader comments, the comments and your own posts are treated differently. This is general information, not legal advice.
When someone takes your work
Pirated ebooks, articles republished under someone else's name and blog posts scraped word for word are the other direction. Fight Back helps pay for a lawyer, takedowns and demand letters to go after them, for theft you find after your policy starts.
Where general liability fits
General liability covers some defamation claims for ordinary businesses through its personal and advertising injury part. For businesses primarily engaged in publishing, that part is typically limited or excluded, and writing for publication is publishing. General liability still covers physical accidents, like a reader tripping at your book signing (which CreatorSure covers). See media vs general liability.
Other coverage you need
- Professional E&O. A client says your copy or editing cost them money (which CreatorSure covers).
- Cyber. You hold a mailing list or take payments on your site (which CreatorSure covers).
Questions
Do writers need media liability insurance?
If you write about real people, quote or use material you didn't create, or write for clients, yes. Media liability defends claims over what you publish.
Does my publisher's insurance cover me?
Sometimes. Some publishers add authors to their media policy, many don't, and your contract often asks you to cover them. Self-published authors have no publisher policy at all.
Can I be sued over fiction?
Yes, when a character is recognizable as a real person and the portrayal is damaging. Changing a name isn't always enough.
Do bloggers need it too?
Yes. A blog is publishing. Reviews, images and posts about real people draw the same claims as books and articles.
What about someone pirating my book?
That's Fight Back, which helps you go after them. CreatorSure covers it too.
What does it cost?
It depends on what you write, how you publish, your revenue and the limits you need. See what it costs.
Ready for a policy?
CreatorSure is our creator insurance program. It sells writer insurance for book authors, self-published authors, ghostwriters, freelance writers, copywriters and bloggers, and will place a policy that covers your books, articles and posts.