Don’t Tweet Without A Contract

An interesting lawsuit over a Twitter account is about to set precedence where none exists.

Here are a few interesting facts about the case that could ultimately affect its outcome:

• The account was set up by an individual, an employee of a company named PhoneDog
• The account has PhoneDog in its name; ironically, it also has the first name of the personal account holder
• Upon parting, the company and the employee allegedly agreed that the employee could keep the Twitter account if he tweeted about the company “occasionally”
• The Twitter account has amassed thousands of followers

The lawsuit likely will center on the reason the account was started in the first place. If the company asked the account holder to start the account, then they might be able to lay claim to the account. On the other hand, if the account holder started the account on his own and attempted to set up a personal account while piggybacking off of his employer’s brand, then things could get a little murky.

Another sticking point might be whether the court believes the company actually told the Twitterer that he could keep the account under certain conditions and whether the personal account holder met those conditions.

There is a lesson here for the rest of us. If you plan on starting a Twitter account and using it for your employer, or another company, then you better get a contract. Otherwise, you could find yourself the defendant in a lawsuit. At Taylor and Associates, we manage Twitter accounts, but we do so only on a work-for-hire basis. You own the account. We manage it. This arrangement means there is never any question about who owns the account and who is responsible for the content. Call for more details – (717) 557-8677.

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