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Who Owns Your Company’s Social Media Accounts?

After a decade of trying, the courts are still trying to figure out the answer to this question.

In this case, the Florida courts were asked to decide who owns three accounts:

  • @Bangenergy.ceo on Instagram
  • @Bangenergy.ceo on TikTok
  • @BangenergyCEO on Twitter

Is it the now bankrupt Bang Energy or is it the CEO in the name of the accounts? The first account has a million followers. The second account has 800,000. You can see why these accounts might be desirable.

The fight is between the Bang Energy drink bankruptcy trustee and the now former CEO, one Mr. Owoc.

The trustee claims that the accounts are assets of the bankruptcy estate; The Owocs disagree.

The court says, for the moment, until this winds through the courts over, say, the next 10 years for all of the appeals as to who actually owns the accounts to clear, Mr. Owoc should not post to any of the accounts.

By that time, the accounts will have zero followers and be worth, approximately $0.98. Maybe. Together.

I am not sure if the goal of Mr. Owoc is to screw the company because he is mad at them or if he thinks he should be able to monetize the accounts for some personal benefit.

BUT, in case you do not want to be in litigation for ten years or so, assuming your company has any social media accounts, you should have a written agreement regarding ownership. Just a recommendation; not a requirement.

Credit: Professor Eric Goldman, Associate Dean for Research and Professor of Law at Santa Clara University School of Law