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Description: While the advent of social media sites like Facebook, Twitter, and LinkedIn have opened up new and innovative marketing opportunities for businesses and brands, they have created legal headaches for in-house and outside counsel alike. One particular question companies expanded use of these sites has created revolves around the question of who owns social media assets when those assets are accessed or controlled by company employees. Answering this question requires breaking down social media assets into their component parts. First, there are social media accounts themselves, which include usernames, access to passwords, and administrative rights. Second, theres social media content that can raise the problem of wrongful attribution of inappropriate or illegal content to a company. Finally, there is ownership and access to social media relationships, the friends, followers, and connections that make social media sites so vital. Underlying these issues, is the expanding use of social media assets in litigation, and the problems of determining what assets to preserve and collect. Knowing how to limit liability and execute strategies that address ambiguities and responsibilities in the ownership of these social media assets can pay off for businesses in the long run.
Discussion Points:
Controlling rights to social media accounts to avoid losing access when employees depart
Defining who owns content on social media sites and avoiding wrongful attribution of inappropriate or illegal content posted by employees or customers
Addressing ambiguities in ownership of social media relationships established and maintained by employees
Monitoring and preserving social media assets in litigation
 | | Practice Areas: | | Communications & Media Law, Corporate & Securities, Employment Law, Ethics & Professional Responsibility, Information Technology Law & E-Commerce | | | Online Media Type: | | Video | | | Production Date: | | 10/04/2012 12:00 PM EDT | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | Live | | | Course Type: | | Public |
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AR, AZ, CA, CEU, CO, CPE-NASBA, HI, ME, MO, MT, ND, NJ, NY-EXPER, OK, PA, VI, VT, WV | | Arizona | | | Total Credits: 1.5 | | Specialty Credits: | | Status: Available for Credit | | Expiration: N/A | | Training Type: Interactive Computer-Based |
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| | • | Thomas C. Mahlum - Partner - Robins, Kaplan, Miller & Ciresi LLP, Minneapolis
| | • | Andrew J. Pieper - Associate - Robins, Kaplan, Miller & Ciresi LLP, Minneapolis |
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