How does ISO Endorsement CG 40 48 impact Media & Advertising Injury coverage?

ISO Endorsement CG 40 48 excludes Personal and Advertising Injury (Coverage B) arising out of Generative AI—leaving brands, agencies, and creators uninsured if an AI-assisted ad campaign triggers a copyright, trade dress, or likeness claim. Combining an affirmative AI advertising carve-back with 30-day paid whitelisting caps (25%–35%/mo) protects both coverage and licensing revenue.

Why must brands and creators audit "derivative works" and AI training language?

Broad "derivative works, synthetic media, and digital double" clauses allow third parties to clone voice and facial likeness using generative AI while triggering uninsurable IP and right-of-publicity exclusions under Coverage B.

Media CG 40 48 & AI Likeness PlaybookFree Media GL, Product & Licensing Defense Tool

Creator Paid-Media Whitelisting & Media CG 40 48 AI Exclusion Calculator

Commercial GL / Media binders increasingly attach ISO CG 40 48 (Generative AI Advertising Injury Exclusion) while brand sponsorship templates bury “in perpetuity paid media amplification and AI derivative works” for $0. Calculate your exposure below—then scan your Media GL policy or sponsorship PDF free.

Creator Sponsorship & Usage Rights Inputs

Base Deliverable Fee ($ per campaign)$6,500

Brand-Requested Paid Ad Whitelisting Term (Months)12 Months

Standard Monthly Paid-Usage Fee (% of Base Fee/mo)30% ($1,950/mo)

Unpaid Category Exclusivity Lockout (Months)6 Months

Contract Includes “Derivative Works / AI Voice-Face Rights”?

Unpaid Usage & AI Giveaway

$59,150

Free ad whitelisting + exclusivity + AI clone value

Monthly Licensing Upsell

+$1,950/mo

30%/mo fee after initial 30-day window

Creator Rights Protected

$59,150

60-day paid package: $10,400

Copy-Paste Creator 30-Day Whitelisting Cap & AI Prohibition Rider

“PAID MEDIA WHITELISTING CAP & AI LIKENESS PROHIBITION: Creator grants Brand a limited, non-exclusive license to boost Deliverables in paid social advertising ("Whitelisting / Spark Ads") strictly for thirty (30) days following initial posting; any extension requires mutual written consent and a monthly usage fee equal to 30% of the Base Fee ($1,950/month). Brand is expressly prohibited from using Creator's voice, face, or Deliverables to train, fine-tune, or synthesize any generative AI model or digital clone. Category exclusivity is strictly limited to direct named competitors for thirty (30) days.”

Scan your Brand Sponsorship Agreement for hidden FTC indemnity & Net-90 traps:Scan Your Contract Free

Scan Your Contract Free — Check ISO CG 40 48, Coverage B IP & Usage Grants

Upload Your Media / Product GL Binder or Sponsorship PDF / .docx to Audit Exclusions

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EndorseIQ™ Policy & Binder Scanner

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MEDIA, E-COMMERCE & PRODUCT LIABILITY CGL BINDER

THIS COMMERCIAL GENERAL LIABILITY AND PRODUCT LIABILITY BINDER ("Policy") is issued by APEX SURPLUS LINES INSURANCE CO. ("Carrier") to LUMINA CONSUMER BRANDS & MEDIA LLC ("Named Insured") with limits of $1,000,000 Each Occurrence / $2,000,000 Products-Completed Operations Aggregate.

SECTION 1. ENDORSEMENT ISO CG 40 48 — GENERATIVE AI EXCLUSION (PERSONAL & ADVERTISING INJURY).
This Policy is modified by Endorsement CG 40 48. Coverage B (Personal and Advertising Injury Liability) does not apply to any "personal and advertising injury" arising out of, based upon, or involving any content, image, video, voiceover, ad copy, or product packaging created, edited, or assisted in whole or in part by Generative Artificial Intelligence, synthetic media tools, or algorithmic ad-targeting software.

SECTION 2. COVERAGE B MANUSCRIPT INTELLECTUAL PROPERTY, TRADE DRESS & UNFAIR COMPETITION EXCLUSION.
Exclusion i. of Section I — Coverage B (Personal and Advertising Injury) is replaced by Manuscript Endorsement ML-204. This insurance does not apply to any claim, demand, or suit alleging infringement of copyright, trademark, trade dress, slogan, title, domain name, influencer music licensing, right of publicity, Lanham Act unfair competition, or deceptive trade practices—including any infringement in Named Insured's "advertisement" that would otherwise be covered under standard ISO Form CG 00 01.

SECTION 3. OMISSION OF ISO CG 20 15 (BROAD FORM VENDORS ADDITIONAL INSURED FOR AMAZON / RETAILERS).
This Binder does NOT include ISO Endorsement CG 20 15 (Additional Insured — Vendors). Consequently, third-party retail distributors and e-commerce marketplaces (including Amazon.com Services LLC under the Amazon Business Solutions Agreement, Target, and Sephora) are NOT covered as Additional Insureds for bodily injury or property damage arising out of the distribution or sale of Named Insured's products in the regular course of the vendor's business.

SECTION 4. MANUSCRIPT "BATCH / LOT CLAUSE" & $25,000 PER-CLAIMANT DEDUCTIBLE MULTIPLIER.
Pursuant to Endorsement PL-310, the $25,000 Products-Completed Operations Deductible applies on a "Per-Claim / Per-Claimant" basis (including defense expenses) rather than a "Per-Occurrence" basis. In the event of a defective manufacturing lot or formulation affecting 100 consumer claimants, Named Insured must pay a separate $25,000 deductible for each individual claimant ($2,500,000 total out-of-pocket deductible before Carrier pays $1). Conversely, for purposes of Carrier's limit of liability, all claims from the same batch or lot shall be deemed a single Occurrence capped at $1,000,000.

SECTION 5. TOTAL PRODUCT RECALL, WITHDRAWAL & MARKETPLACE SUSPENSION EXPENSE EXCLUSION.
In accordance with Exclusion n. (Recall of Products, Work or Impaired Property) and Manuscript Endorsement PL-319, this Policy excludes 100% of all costs, notifications, shipping, warehousing, disposal, retail chargebacks, FDA/CPSC voluntary or mandatory recall expenses, and Amazon ASIN suspension lost revenue (ISO Endorsement CG 04 36 Limited Product Withdrawal Expense is NOT attached).

100% Stateless & Private • Replaces a $950 – $2,800 Coverage Audit attorney review