What Intellectual Property Insurance Requirements Apply in California?

California’s postmortem publicity law covers certain unauthorized digital replicas of a deceased person’s voice or likeness and sets damages at the greater of $10,000 or actual damages; the current section took effect January 1, 2025. Current Civil Code § 3344 separately addresses knowing commercial identity use, including voice, and reflects a 2026 amendment. If your business produces or licenses synthetic performances, confirm rights, consent, and policy treatment for publicity claims separately from copyright claims.

What Is Intellectual Property Insurance?

Intellectual property insurance comes in two separate parts: defense, when you're accused of infringing a patent, trademark or copyright, and enforcement, when you pursue someone who copied yours. A defense-only quote doesn't pay for your own lawsuit, so ask for each part you need. Read the national Intellectual property guide.

What to Watch for With Intellectual Property in California

Review Synthetic Uses of Deceased Performers
California Civil Code § 3344.1 covers producing, distributing, or making available a defined digital replica of a deceased personality’s voice or likeness in an expressive audiovisual work or sound recording without required consent. The present text was amended effective January 1, 2025 and sets damages at the greater of $10,000 or actual damages, with exceptions for news, criticism, scholarship, satire, parody, certain documentary or historical uses, and fleeting or incidental uses; confirm rights provenance and ask whether the policy addresses these allegations. ¹
Track Consent for Advertising Uses
Current Civil Code § 3344 addresses knowing commercial uses of a person’s name, voice, signature, photograph, or likeness without prior consent; the section notes a separate amendment effective January 1, 2026. Paid sponsorship alone does not make every appearance actionable. For California campaigns, retain the consent and licensing scope and ask how the policy treats a claim tied directly to an advertisement or product promotion. ²
Keep Copyright Claims Distinct
Federal copyright law governs rights equivalent to copyright in fixed works within its subject matter, while § 301 preserves state remedies for rights that are not equivalent to copyright. When a dispute alleges both copied content and unauthorized identity use, ask the broker to identify which parts of the policy’s IP definition and exclusions apply to each theory. ^3,²

Which Intellectual Property Providers Have California License Records?

These providers publish a national listing for Intellectual property; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in California. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

Gallagher
Insurance producer · checked 2026-09-28
Arthur J. Gallagher Risk Management Services, LLC
Gallagher Small Business’s legal-information page gives the producer identification associated with the disclosed California license. The provider record treats this identifier as company-reported and not independently verified; no other state is recorded. ²⁴
Gallagher arranges intellectual-property insurance.

Who Regulates Insurance in California?

California Department of Insurance

The California Department of Insurance regulates insurers and insurance producers, provides company and license-status searches, and accepts complaints through its Consumer Complaint Center. Its commercial-insurance guidance explains the Department’s limited jurisdiction over surplus-line insurers. ^6,^7,^8,^9,¹⁹

Website: Regulator website
License lookup: Search licensed producers
Complaints: File a complaint
Phone: (800) 927-4357

Surplus-Lines Tax and Stamping Office in California

Reported tax rate. 3% of taxable premium when California is the insured's home state ^10,^12,^17,^9,^11,^13,^14,^15,¹⁸

When California is your home state, the surplus-line broker tax is generally 3% of gross premiums less returned premiums. Ask the broker to show the home-state determination, taxable premium and any applicable exception; ordinary multistate reporting does not itself reduce the tax base. A broker generally must search the admitted market unless a California exemption or the qualified federal commercial-purchaser exception applies. CIGA does not protect claims under a surplus-line policy.

Surplus Line Association of California

California usually requires an admitted-market search: Before most nonadmitted placements, a broker must search among admitted insurers. After a public hearing and the required statutory findings, California’s Commissioner may exempt qualifying coverage or risks through an Export List order. The confidential written report remains required under §1763.1. Separately, §1763(h) waives the search for a commercial insured meeting California’s §1760.1(b) definition: the broker must first give written disclosure about possible admitted-market availability and its potential greater protection and oversight, then receive the insured’s written request for nonadmitted placement. The broker must ensure eligibility, with a safe harbor for reasonable reliance on information supplied in good faith. The federal exempt-commercial-purchaser route under §8205 has its own §8206 definition and requires disclosure about possible admitted-market availability and its potential greater protection and oversight, followed by the purchaser’s written request. Ask which route and eligibility criteria the broker relies on. ^11,^14,^15,^4,^5,²⁰
Separate tax calculation from allocation reporting: Section 1775.5 generally counts the entire premium for nonadmitted insurance placed in one transaction with one underwriter or group for a California-home-state insured. It has a separate interstate-motor-transit formula and exclusions for premiums on insurance placed by or through a special-lines surplus line broker under §1760.5 and the defined risk-financing portion of specified Superfund remediation products. CDI’s calendar-year 2025 instructions include policy-related fees in gross premium, say it does not collect the tax on risks outside the United States, and treat multistate allocation percentages as informational. Have the broker explain how those rules apply to your placement. ^12,^16,¹⁷

Questions to Ask Before You Buy Intellectual Property in California

Does this form defend California publicity claims involving a synthetic voice or likeness, and what consent or rights records should we keep?
How does the policy distinguish a copyright-infringement allegation from a publicity or endorsement allegation in one demand?
Are defense costs, settlements, and requested takedowns treated differently, and what notice deadline applies?

Intellectual Property Insurance in California: FAQ

What changed in California for digital replicas of deceased people?

Since January 1, 2025, § 3344.1 has provided a specific claim for certain unauthorized digital replicas of a deceased person’s voice or likeness in expressive audiovisual works or sound recordings, with a $10,000-or-actual-damages measure and listed exceptions. Policy response depends on the form. ¹

Are California publicity claims the same as copyright claims?

No. California’s publicity statutes address specified uses of a person’s identity, while federal law preempts state rights equivalent to copyright for fixed works within copyright’s scope. A demand can allege both, so ask the broker to map each allegation to the policy wording. ^2,³

Sources for Intellectual Property Insurance in California

1
California Civil Code § 3344.1. California Legislature; § 3344.1(a)(1)–(2), (a)(2)(A)(ii), (g), and (h): postmortem publicity, digital replicas, remedies, exceptions, 70-year period, and defined deceased personality; current section notes AB 1836 effective January 1, 2025. Accessed 2026-09-28.
2
California Civil Code § 3344. California Legislature; § 3344(a)–(g): commercial identity uses, remedies, exceptions; current section notes SB 683 effective January 1, 2026. Accessed 2026-09-28.
3
17 U.S.C. § 301, Preemption with respect to other laws. Office of the Law Revision Counsel, U.S. House of Representatives; § 301(a)–(b): preemption for equivalent rights in fixed works and preserved non-equivalent state rights; text current September 26, 2026. Accessed 2026-09-28.
4
California Insurance Code §1763. California Legislature; §1763(a): diligent search; (h)(1): defined commercial-insured written disclosure and subsequent request; (h)(2): broker eligibility responsibility and reasonable good-faith reliance. Accessed 2026-09-28.
5
California Insurance Code §1760.1. California Legislature; §1760.1(b): commercial-insured definition at placement, risk manager, prior premiums and size criteria with periodic monetary adjustments; (o): qualified risk manager. Accessed 2026-09-28.
6
California Department of Insurance. California Department of Insurance; Official agency homepage. Accessed 2026-09-28.
7
Company and Agent/Broker Information. California Department of Insurance; State page linking license-status checks, company information, and surplus-line insurer resources. Accessed 2026-09-28.
8
Consumer Complaint Center. California Department of Insurance; Consumer Complaint Center entry point to file an insurance complaint. Accessed 2026-09-28.
9
Commercial Insurance Guide (Form 700, revised June 14, 2024). California Department of Insurance; Form 700 revision beneath heading; What Should I Expect from a Broker-Agent: CDI licensing role (line 333); Surplus Line Insurance: broker disclosure, limited CDI jurisdiction and CIGA exclusion (lines 448–449); Talk to Us: consumer hotline (line 942). Page retrieved September 28, 2026; revision date is not an access date. Accessed 2026-09-28.
10
2024 Annual Report of the Commissioner. California Department of Insurance; Page 169: surplus-line brokers pay 3.00% of surplus-line premiums under CIC § 1775.5. Accessed 2026-09-28.
11
Export List Hearings. California Department of Insurance; CIC §§ 1763 and 1763.1: diligent admitted-market search and commissioner exemption process. Accessed 2026-09-28.
12
California Insurance Code § 1775.5. California Legislature; §1775.5(a) 3% of gross premiums less returns and specified exclusions; (b) entire-premium rule and separate interstate-motor-transit deductions; (e) defined blended finite-risk and risk-financing terms. Accessed 2026-09-28.
13
15 U.S.C. §8201: Reporting, payment, and allocation of premium taxes. U.S. House of Representatives, Office of the Law Revision Counsel; §8201(a) exclusive home-State premium-tax authority; (b)(1) interstate allocation procedures; (c) allocation reporting. Accessed 2026-09-28.
14
15 U.S.C. § 8205: Streamlined application for commercial purchasers. U.S. House of Representatives, Office of the Law Revision Counsel; §8205(1)-(2): broker disclosure that admitted insurance may or may not be available with greater protection and oversight, then purchaser written request; ECP eligibility separately defined in §8206(5). Accessed 2026-09-28.
15
15 U.S.C. § 8206, Definitions. U.S. House of Representatives, Office of the Law Revision Counsel; §8206(5) ECP eligibility including qualified risk manager, prior premiums and adjusted size/other criteria; (6) home State and affiliated-insured rules; (13) qualified risk manager. Accessed 2026-09-28.
16
California Insurance Code § 1760.5. California Legislature, Legislative Counsel; §1760.5(g): premiums placed under the special-lines license are not subject to the §1775.5 broker tax. Accessed 2026-09-28.
17
CDI FS-006, Surplus Line Broker and Special Lines Surplus Line Broker Insurance (Premium) Tax Return Instructions, revised 2025-11, calendar-year 2025. California Department of Insurance; Calendar-year 2025 instructions revised November 2025; page 2, lines 1–4: fees, outside-US risks, returns and 3%; page 5: allocation percentages informational. Accessed 2026-09-28.
18
Association Constitution. Surplus Line Association of California; ArticleXV(1) Stamping Office filing function; XV(4) Commissioner-delegated duties subject to approved Plan of Operations. Accessed 2026-09-28.
19
About the Department. California Department of Insurance; Department overview: insurer solvency oversight, agent/broker licensing, company market-conduct reviews, complaints, and insurance-industry regulation. Accessed 2026-09-29.
20
California Insurance Code §1763.1. California Legislature; §1763.1(a): Commissioner order after public hearing and statutory findings; Export List exemptions retain confidential written report; restricted classes and continuing review. Accessed 2026-09-29.
21
Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
22
Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
23
Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
24
Legal Information. Gallagher Small Business; Producer identification immediately above Quick Links. Accessed 2026-09-16.
25
About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
26
Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
27
Licenses & Disclosures. RiskCube; Property & Casualty Producer/Broker Licenses; February 11, 2026 version. Accessed 2026-09-16.
28
Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
29
Hartford Fire Insurance Company. California Department of Insurance; NAIC 19682; California Company ID 0085-1; authorized 01/07/1870; license status UNLIMITED-NORMAL; property and casualty; Connecticut domicile. No expiry/renewal field. Accessed 2026-09-28. Accessed 2026-09-28.
30
Company Profile — Travelers Indemnity Company (The). California Department of Insurance; NAIC 25658; California Company ID 4772-0; authorized 06/17/2002; license status UNLIMITED-NORMAL; property and casualty; Connecticut domicile. No expiry/renewal field. Accessed 2026-09-28. Accessed 2026-09-28.
31
Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

What Intellectual Property Insurance Requirements Apply in California?

What Is Intellectual Property Insurance?

What to Watch for With Intellectual Property in California

Review Synthetic Uses of Deceased Performers

Track Consent for Advertising Uses

Keep Copyright Claims Distinct