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Social Media

Ownership of Social Media Content

Content is king in social media – but who owns that content? Oftentimes, ventures have a dedicated in-house marketing team and/or engage outside marketing consultants to manage social media and marketing efforts. But what happens if a dispute arises with an ex-employee or an ex-outside consultant? The last thing your venture needs is to wrestle with issues of “who owns what” or – even worse – be forced to take down content.

Henderson Franklin’s IP attorneys can work with your venture to ensure that the proper Intellectual Property agreements are put in place ahead of time to best avoid potential social media content ownership disputes.

Social Media Account Protection

Social media accounts – like all digital assets – are subject to misappropriation. Hackers can unlawfully gain entry to social media accounts while departing employees can convert social media accounts simply by changing the account’s password and recovery e-mail. Our IP attorneys can work with your venture to ensure that the measures are proactively taken to minimize such risks – especially for social media influencers and high-profile businesses.

Social Media Account Recovery

What can be done if a social media account is being “held hostage” by a former employee, a former outside marketing firm or another third party? What strategies can be employed to regain access to social media accounts as expeditiously and cost-effectively as possible? Our IP attorneys can work with your venture to help recover stolen social media accounts and assist with “damage control” once access has been restored.

Social Media/Cybersquatting

What can be done if competitors or other third parties are using confusing similar domain names or confusingly similar social media handles and hashtags? What if a third party commits “cybersquatting” by registering social media accounts and domain names which incorporate your venture’s trademarks? Our IP attorneys can work with your venture to help police cybersquatting – both with respect to domain names and social media handles and hashtags.

Social Media Influencer Law

Businesses routinely engage social media influencers to help reach new advertising demographics by promoting sponsored content. Social media influencers routinely attempt to grow their brands both through sponsorships as well as licensing and merchandizing efforts. Whether you are a social media influencer or your venture wishes to engage one, our IP attorneys can work with you to “navigate” the evolving law of social media.

For further assistance in this practice area, please contact one of Henderson Franklin's Intellectual Property Attorneys Mark Nieds at 239-344-1153 or by email at mark.nieds@henlaw.com or Luca Hickman at 239-344-1307 or by email at luca.hickman@henlaw.com.

Click to download Henderson Franklin's Intellectual Property Brochure.