This is an interesting question – could there be a situation where the employer has ownership over a Twitter account? What are those situations and what is the resulting advice over managing ownership of Twitter accounts?
Now I just want to emphasize that I am not lawyer, so this is not legal advice (obligatory disclaimer), however as I do work for a law firm I have access to some pretty good legal minds so I asked around and though the answers seem quite obvious they do emphasize the importance of how you name your Twitter accounts.
In essence, if your Twitter handle is in your personal name ie @vstorey, then your employer could have little substance in a claim to any ownership of the account. If, however, your Twitter handle references your employer in any way ie @VivBlandsLaw then the company may have some legitimate claim to ownership.
So what are the implications inthe way you name your Twitter handle? Well, it’s fairly straight forward. If you are an employer that wants to retain a Twitter account around the movement of employees in and out of the company, make sure your employees tweet under Twitter handles that reference your company. Different companies handle this in different ways; for example, some use a single twitter account that gives multiple access to employees who sign off on their tweets using their initials. Understand that even if your employees are tweeting on behalf of the company but using personal Twitter handles they will be able to continue using this Twitter handle even after they have left the company.
If you are worried about retention of intellectual property, remember that Twitter is highly public; you can easily see who anyone is following and conversely, who is following them. You might want to make sure your restrictive clauses in your employment contracts include a direct reference to solicitation via social media. This to ensure that ex-employees are not using their Twitter accounts to solicit for competing business post employment.
Ideally, the naming of Twitter handles should be covered in a companies social media policy that employees are aware of. There should be some known protocol and procedures in developing any social media naming conventions, most especially around including company names.
Thoughts?? Our solicitors are requesting some test cases please!
See on Scoop.it – Social Media Policies in the Work Place
BtoB Magazine is the publication for b2b marketing strategists.
See on www.btobonline.com
See on Scoop.it – Social Media Policies in the Work Place
Does Your Business have an Online Reputation Defense Plan? There is no shortage of market research indicating that online reviews and social recommendations are a growing part of the sales conversion process.
Really comprehensive look at managing online reputation.
See on socialmediatoday.com
See on Scoop.it – Social Media Policies in the Work Place
Due to their often cautious and conservative nature, many law firms struggle with how to implement a firm-wide social media policy.
Some good hints for law firms.
See on www.business2community.com
See on Scoop.it – Social Media Policies in the Work Place
It’s a new year and time for employers to consider updating your policies.
See on nz.sports.yahoo.com
See on Scoop.it – Social Media Policies in the Work Place
The Australian Competition and Consumer Commission (ACCC) says consumer protection laws prohibit business from making false, misleading or deceptive c…
See on www.itwire.com
See on Scoop.it – Social Media Policies in the Work Place
Employee use of social media has been a controversial topic over the past year, and one about which I’ve been outspoken.
See on www.forbes.com
See on Scoop.it – Social Media Policies in the Work Place
I posted last week about How Your Social Media Policy Could Kill Your Culture. It was about the “control creep” that’s affecting some organisations as they try to protect themselves from a social m…
Some great insights in this post #smpolicies
See on paulbromford.wordpress.com
See on Scoop.it – Social Media Policies in the Work Place
Will your social media policy work well in a crisis? Key: flexibility.
See on cksyme.org
See on Scoop.it – Social Media Policies in the Work Place
Like it or not, Facebook posts could cost your job…
See on www.smh.com.au
See on Scoop.it – Social Media Policies in the Work Place
Among other things, know your audience.(As you craft your own #socialmedia policy, here are some thoughts to help: http://t.co/TxEXRRYu...)…
See on www.nextgov.com
Social Media Platforms Used for Notification of Court Order
Justice Anne Ferguson of the Victorian Supreme Court recently ordered an interim injunction be issued in the case involving the National Union of Workers members engaging in protest action at the Coles distribution plant in Somerton. The injunction was essentially to prevent union members taking any further action that may impede access in and out of the plant. The more novel aspect of the injunction was Justice Ferguson’s order that the union when informing its members of the injunction, also use its Twitter and Facebook accounts.
The use of Twitter and Facebook as a communication medium for notification of court orders is a novel and fairly clear example of the relatively mainstream and widely accepted use of social media throughout most aspects of contemporary life, including in this case in a major workplace dispute. Presumably the more complex aspects of this type of scenario involve to what extent communication via platforms such as Twitter will amount to sufficient notification; what, if any, privacy implications flow from the use of publicly accessible social media platforms to advise of court orders; and the effect(s) of the increasingly pervasive assumption that most people engage with social media including within their workplace.
The law may still be grappling with the legal implications of social media and what the intersection of the law should be with social media in a number of different forums. Whilst this debate continues, however, and the law struggles to catch up with recent technological innovations, it would appear clear that the innovations in and the level of societal engagement with social media will continue regardless.
On these facts, the added use of social media platforms in this case, to notify members of an injunction affecting them, would appear to be an innovative attempt to provide the broadest possible notification by engaging social media as a means of quickly and efficiently reaching a broad section of the population.
Guest post by Sarah Waterhouse, Paralegal, BlandsLaw
Share this:
Like this: