I
nfluencer collaborations are now a core element of brand marketing, creating fresh liability risks that traditional insurance doesn’t cover. As companies shift budgets from print, TV and banner ads to the platforms where consumers actually spend time, a new economy of social media creators has emerged—from hobbyists with a few thousand followers to multi‑millionaire influencers with global reach. This rapid growth brings unique challenges: creators and brands alike face potential legal exposure that can lead to significant financial loss.
**The Influencer Economy’s Scale**
Chris Cooper, SVP of Media & Professions at QBE North America, notes the wide revenue spectrum: top‑tier celebrities earn millions, while those with only a thousand followers earn little. The most critical segment lies in the middle—creators making tens of thousands annually who have moved beyond hobby status but lack formal risk management or business teams. Advertising dollars now favor sponsored reviews and personal product endorsements on social media, reflecting broader consumer habits.
**New Liability Threats**
The authenticity that makes influencer content persuasive also introduces legal vulnerabilities. Unlike traditional ads, influencer posts are often produced quickly by individuals who may not grasp the legal ramifications. QBE, a long‑standing media liability insurer since 2013, has seen a rise in claims involving copyright infringement, defamation, privacy violations, false light, and right‑of‑publicity issues. Law firms defending brands for mistakes made by small or mid‑size influencers report that the financial burden typically falls on the larger brand, as influencers usually lack insurance or sufficient assets.
A frequent issue is music licensing. Many creators play background music without securing a synchronization license, leading to potential copyright infringement. While most platforms provide blanket licenses for personal use, commercial advertising requires a narrower set of licensed tracks. The line between personal and commercial use is often unclear, and late legal intervention further hampers defense efforts.
**QBE’s Influencer‑Focused Solution**
Leveraging over a decade of experience in media liability, QBE developed “The Influencer by QBE,” a targeted product that blends education, tailored coverage, and efficient claims handling. Rather than writing policies for every influencer, the solution addresses the core problem identified by larger insureds: high deductibles and coverage gaps in existing media liability policies.
Education is central. A 30‑minute video module covers key legal topics—copyright, trademark, defamation, and right of publicity—followed by a short quiz to reinforce learning. The insurance component covers both brand and influencer, but only for the influencer’s actions. It is not a replacement for a company’s broader media liability or E&O policy; instead, it fills the specific gap around influencer‑related claims.
Coverage is structured around individual campaigns. Influencers are typically hired for discrete contracts—e.g., 20 posts about a lavender latte or 10 posts about pumpkin spice latte. The policy offers an occurrence‑based $250 k limit per contract, aligning with how campaigns are organized. Launched in mid‑August 2025, the product is distributed through brokers who manage influencer enrollment, training, and coverage. Brands and brokers can direct creators to a dedicated web page where they submit basic information and complete the required training.
**Looking Ahead**
As influencer marketing expands—some brands partner with thousands of creators—specialized risk management becomes increasingly vital for protecting both creators and brands. For more information, visit https://www.qbe.com/us/professional-liability.
*Disclaimer: QBE provides no warranty or guarantee regarding the suitability of the information herein. The use of this information does not alter any insurance policy. Consult your agent or the actual policy for coverage details. QBE and its logos are registered trademarks of QBE Insurance Group Limited. © 2025 QBE Holdings, Inc.*
