Members-only forum — Email to join

I Built Company’s Social Media to 500K Followers — Who Owns the Account?

Started by social_media_ownership_q · Sep 6, 2024 · 7 replies
For informational purposes only. This is not legal advice.
SM
social_media_ownership_qOP

Looking for advice on this situation. I Built Companys Social Media to 500K Followers - Who Owns the Account? Any guidance would be greatly appreciated.

Details: I'm in a situation where I need to understand my legal options. Has anyone dealt with something similar?

KC
KimM_CounselAttorney

Before sending any cease and desist, make sure you actually own the IP you're claiming. I've seen cases where the person sending the C&D didn't have standing because they never properly registered the copyright.

RT
retail_tenant_OH

This is a common issue that comes down to whether the work was "work for hire" or independent contractor work. The Copyright Act has specific definitions for each, and the distinction matters enormously.

AF
AustinRenter_Frustrated

Before sending any cease and desist, make sure you actually own the IP you're claiming. I've seen cases where the person sending the C&D didn't have standing because they never properly registered the copyright.

SC
SarahE_CounselAttorney

Fair use is one of the most misunderstood concepts in IP law. It's a defense, not a right. You can't know for certain whether something is fair use until a court rules on it. The four-factor test is inherently case-specific.

RG
RetiredCPA_Greg

Registration with the Copyright Office is important for enforcement. You can't sue for statutory damages or attorney fees without registration. The filing fee is $65 and it's worth doing for any valuable creative work.

KM
KellyMartinez_ModModerator

Good discussion. Tagging this for the resource library.

SM
social_media_ownership_qOP

Update: Thanks everyone for the guidance. I consulted with an attorney and we're moving forward. The advice here helped me understand what questions to ask and what to expect. Will update when there's a resolution.

Want to participate in this discussion?

Email owner@terms.law to request access