If you’re a filmmaker in Nigeria, chances are you’ve poured your blood, sweat, and borrowed money into making your film. You’ve spent months on set, handled unpaid actors, begged for locations, and finally got your film up on YouTube or streaming platforms. And then one day, it vanishes, taken down because someone somewhere is claiming copyright infringement or defamation. Just like that, all your hard work is gone. This is where Errors and Omissions Insurance (E&O) comes in.
So, what exactly is Errors and Omissions Insurance?
It’s a type of insurance that protects you and your film from legal risks after production. It covers issues like copyright claims, trademark infringement, privacy violations, defamation, or the accidental use of someone’s image, work, or even words without proper permission.
It’s not the same as accident insurance on set. This one protects your film after it’s made. It’s for lawsuits you didn’t see coming.
Let’s talk real examples
Just ask media entrepreneur Chude Jideonwo. He produced Is It Your Money?, a well-researched documentary about former petroleum minister Diezani Alison-Madueke. Funded by the MacArthur Foundation, shot across 3 countries, vetted by top law firms, this was no joke project.
Still, a Bayelsa court awarded Diezani N500 million in damages, claiming defamation. But here’s the shocking part: Chude’s team says they were never even served the court papers. No notice, no court invite, just a judgment.
Section 36(1) of the Nigerian Constitution guarantees every citizen the right to fair hearing. Bayelsa State’s own Civil Procedure Rules (Order 3 Rule 2 and Order 6) also require that court papers be properly filed, stamped, and served.
Now, we can’t say for sure whether Chude had E&O insurance on that project or not, but it proves the point: even the most prepared filmmakers can be blindsided. That’s exactly the kind of legal storm that Errors and Omissions Insurance is designed to weather. It might not stop someone from suing you, but it gives you backup when they do.
What If It Was You?
You may not be making a documentary on a former minister. Maybe your story is about your neighbourhood, a crime you heard, or even a character that resembles someone famous. If they feel “defamed,” they can drag you to court. You may think it’s just fiction, but if they think it’s about them, they can sue. And if you don’t have E&O insurance, you’re paying all legal fees from your own pocket
What does E&O insurance typically cover?
- Copyright infringement (e.g., using music, photos, or footage you didn’t clear)
- Defamation (e.g., saying something in a character’s dialogue that sounds like a real person)
- Invasion of privacy
- Breach of contract or implied agreement
- Trademark or brand misuse
- Unintentional plagiarism
What doesn’t it cover?
- Physical damage on set.
- Bodily injury or accidents during filming
- Deliberate fraud or criminal acts
How does it work?
Once your film is ready, or even during production you can apply for E&O insurance. An underwriter (the company giving the insurance) will check your script, rights clearance documents, contracts, releases, and all the necessary paperwork. If you pass, they’ll offer you a policy.
If something goes wrong after the film is released, and a claim is filed against you, the insurance steps in to cover the legal mess.
But What About Small Filmmakers Who Can’t Afford It?
Yes, the truth is many Nigerian filmmakers are struggling to even fund the movie itself. So asking them to pay for insurance sounds unfair. E&O insurance, depending on your film and the provider, can cost from ₦300,000 to ₦1 million or more.
But what’s the alternative? If someone claims you defamed them or stole their work, one court order can take your film down from YouTube, Amazon, or Netflix in seconds.
Even Love in Every Word, a film by Omoni Oboli, got temporarily pulled off YouTube over a copyright claim. The case didn’t reach court, and the film came back online, but imagine if it hadn’t? That’s ad revenue, sponsorship, and years of effort gone. E&O insurance would have stepped in.
Is an Entertainment Lawyer Enough?
A good entertainment lawyer is not optional, you need one. They help you clear rights, sign actor agreements, draft releases, and check contracts. A lawyer helps you prevent legal problems.
But they don’t pay the bills when you actually get sued. That’s where E&O insurance steps in.
So the real answer is: you need both. Your lawyer protects you from making risky mistakes. Your insurance protects you when the mistake still causes drama.
If you want to get E&O insurance but don’t know where to start, speak to a practicing entertainment lawyer in Nigeria. They know the companies offering these policies, how to apply, and how to prepare your documents for approval.
Protect Your Work
Nollywood is growing, but so are the risks. People are watching, both fans and enemies. One viral clip, one lawsuit, and your career could pause overnight.
So dear filmmaker, you’ve come this far, don’t let a lawsuit end your story.
