Social Media, Social Media Account Ownership

Social Media Ownership: Court Applies 2nd Circuit’s Novel Test

Dechert LLP on 9/24/2024

We have previously written an OnPoint about the law concerning ownership of social media accounts in light of the explosive growth in the use of such media for commercial advertising, product development and customer...more

5 Reasons Organizations Should Be Archiving their Social Media Accounts

Pagefreezer on 5/2/2024

In an era where a single social media mishap can spiral into a legal nightmare, social media archiving is increasingly becoming a safety net for organizations....more

New York Employers Beware: State's Social Media Privacy Law Became Effective March 12, 2024

Holland & Knight LLP on 4/5/2024

New York Gov. Kathy Hochul signed two bills on Sept. 14, 2023, Assembly Bill 836 (A836) and Senate Bill 2518A (S2518A). The law applies to personal social media accounts, defined as "an account or profile on an electronic...more

Owned: Second Circuit Holds That Traditional Principles Of Property Law Apply To Social Media Accounts

Morrison & Foerster LLP - Social Media on 2/5/2024

Here at Socially Aware, we have been discussing issues around ownership of social media accounts since the beginning of social media. Just last July, we reported on how a bankruptcy court in Florida forced the founder and...more

How to Report an Impersonation Account

Buckingham, Doolittle & Burroughs, LLC on 12/15/2023

Help – someone is impersonating me! Social media is a funny thing – it allows people to present their lives in a very articulated way through pictures, videos, and other personal information. While content is usually posted...more

Use, Control & Documented Proof Are The Prime Factors For Determining Ownership Of Social Media Accounts

Moritt Hock & Hamroff LLP on 9/11/2023

If a company terminates one of its officers, does that person or his ex-employer own the corporate social media accounts that person used? Specifically, if the officer’s posts directly or indirectly promoted the company’s...more

A Vital Decision on Social Media Ownership

Goodwin on 8/18/2023

Social media continues to grow at an extraordinary pace. Companies regularly introduce new social media platforms to the marketplace and seek new ways to utilize such platforms to advance their businesses. At the same time,...more

Bankruptcy Court Provides Guidance on Social Media Account Ownership

Troutman Pepper on 7/27/2023

The U.S. Bankruptcy Court for the Southern District of Florida created a three-factor test to help determine the ownership interests of social media accounts. The court in In re Vital Pharm found that (1) documented property...more

Social Links: Social Media Account Ownership Once Again In The Spotlight

Morrison & Foerster LLP - Social Media on 6/29/2023

Social media continues to dominate the headlines this spring, with several high-profile events capturing the media’s, regulators’, and lawmakers’ attention. Jack Owoc, founder and former CEO of Bang Energy (“Bang,” a...more

Social Media is Everywhere, But Who Owns these Social Media Accounts Anyway?

Dechert LLP on 6/22/2023

The explosive growth in the use of social media for commercial advertising, product development and customer engagement, including via “influencers,” is well known and those accounts may have significant value. However, the...more

Avoiding Fashion Faux Pas: Factors to Consider When Drafting Agreements for Fashion Companies

Jackson Walker on 1/14/2022

In order to properly run a successful business and create a solid brand, fashion companies need to enter into many agreements that span the areas of corporate, real estate, and intellectual property. This article provides...more

2020 Update: Can your social media (e.g., LinkedIn) contacts be your employer’s trade secret?

Downs Rachlin Martin PLLC on 11/18/2020

Employers and employees alike use social media to promote and define their businesses and themselves in the digital space. From personal connections on Facebook, to professional marketing on LinkedIn, these connections on...more

Social Media PSA For Employees And Employers

Constangy, Brooks, Smith & Prophete, LLP on 6/26/2020

Only YOU can prevent a social media firestorm. My Facebook page is a snooze. Two members of my immediate family do not want their existence to be acknowledged on the internet. I almost never post anything, except to wish...more

Protecting Social Media Contact Lists as Trade Secrets

Sheppard Mullin Richter & Hampton LLP on 4/1/2020

Social media contact lists have become an increasingly important part of a business’s customer lists. While courts are still grappling with who legally “owns” the data that the employee acquired on the employer’s dime—such...more

Arkansas' Social Media Statute: What It Tells Us, What It Doesn't

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/24/2020

In August 2013, Arkansas enacted a statute intended to regulate employers’ ability to access social media account of employees. This statute, entitled “Social Media Accounts of Current and Prospective Employees,” applies to...more

Digital Crisis PR: Best Practices for Corporate Social Media Use

K&L Gates LLP on 5/29/2019

Companies are vulnerable to all sorts of social media attacks, from a disgruntled employee spreading negative information to irresponsible social media use by a member of the C-suite. In this episode, Elisa D’Amico and...more

Navigating Username Jacking

Weintraub Tobin on 8/23/2018

Have you ever had the experience of attempting to register a social media account in the name of your business only to find that your preferred name is taken? Often, it’s just the case of another business with the same name...more

Can a Reporter’s Twitter Account Be a Newspaper’s Trade Secret?

Pillsbury - Internet & Social Media Law Blog on 8/17/2018

Does one person’s Twitter account a trade secret make? A newspaper in Virginia apparently thinks so. This past week, the owner of The Roanoke Times sued former Virgina Tech sports reporter Andy Bitter under the federal Defend...more

Is A Twitter Account An Employer’s Trade Secret? Yes, Says Media Company

Zuckerman Spaeder LLP on 8/9/2018

Companies zealously guard their trade secrets and other information that gives them a competitive edge. And as we’ve covered in prior posts, companies often resort to the courts to protect this kind of information....more

Fight Over Virginia Tech Sportswriter's Twitter Account: Who Owns Employees' Social Media Accounts?

Womble Bond Dickinson on 8/8/2018

Andy Bitter was a sportswriter for the Roanoke Times covering Virginia Tech football. He recently announced on Twitter that he was leaving the Roanoke Times and would become the VT beat writer for The Athletic, a...more

In-House Counsel: How to Avoid Missteps in the Social Media Minefield

Ward and Smith, P.A. on 12/22/2017

While social media has become ubiquitous, attorneys are subject to particular restrictions online. During Ward and Smith’s 2017 In-House Counsel Seminar two attorneys reviewed some of the potential pitfalls in-house counsel...more

Ariana Grande’s online antics result in job loss at the White House

FordHarrison on 7/25/2016

Newly leaked e-mails reveal that pop sensation Ariana Grande lost a gig performing at the White House based on a video circulated online last year. The surveillance footage taken at a California doughnut shop showed Grande...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Morrison & Foerster LLP - Social Media on 10/15/2015

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

New Maine Social Media Privacy Law Takes Effect October 15, 2015

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/12/2015

Maine has become the latest state to restrict employers’ ability to access social media accounts of employees and applicants. A new Maine statute, which will go into effect on October 15, 2015, prohibits a broad range of...more

Blocked: Managing Social Media at Work Under Virginia’s New Privacy Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/2/2015

With social media pervading all facets of society (no less than 67 percent of Americans are regular users), businesses have long been concerned with their employees’ potentially detrimental social media activities. As these...more

Social Media › Social Media Account Ownership

"My best business intelligence, in one easy email…"