Solved

Posting content from former SMMs

  • 11 March 2024
  • 4 replies
  • 137 views
zachlinder
Rank

Hi all - new to the Arb. Glad to be here.

Unique question for the community:

What is the legality of posting content captured by a social media team member with their personal device who is no longer part of the company if they did not sign a clause releasing all their work to company ownership while they were an employee? Would this former employee be able to sue a company that uses their work without permission?

Obviously publishing rights are always obtained when using UGC, but this scenario is a bit different. Eager to hear the group’s thoughts.

icon

Best answer by Nycole 18 March 2024, 18:26

View original

4 replies

H
Rank
Userlevel 1

In my opinion, if it was taking for the purpose of the company using it and was willingly handed over and/or posted by the company in the past without credit then it’s fair game. If they uploaded it to a shared social profile or company server/asset management system then they kind of handed it over willingly.

zachlinder
Rank

Thanks, @hannah.bradach. No, the content was not previously posted to company's socials before, but was uploaded for storage in the company’s asset server. Content was captured with the intention of posting, but never was, and then the employee was dismissed from the company. I doubt the employee would have uploaded the content if they knew they were going to be dismissed. In that scenario, I think the employee may have a case for a lawsuit if posted following the employee's dismissal?

H
Rank
Userlevel 1

I think a big part of it is if the photos are of the employee in any way as well as what state you reside in. Unfortunately, you may need to seek advise from legal council.

Nycole
Rank
Userlevel 4
Badge +3

@zachlinder great question. My question would be whether or not the former employee was in the content or just captured content. If they just captured content while they worked there that is work product and owned by the company especially if it’s already uploaded. If it’s a video of them as the subject I’d avoid that for several reasons, one it’s a former employee so you may not want to be associated with what they do moving forward and two even if that isn’t a concern, that is the sticky area where they no longer work there and they may not be comfortable with the association especially if there was a layoff. When in doubt always ask your legal team as a CYA! 

Reply


The Arboretum Terms of UseCookie settings