Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013), represents one of the first trials on the issue of who owns social media accounts: the individual employee who first created the account or the employer whose business was promoted using the account? In Eagle a company’s founder sued her former employer for the alleged illegal use of her LinkedIn account. The U.S. District Court for the Eastern District of Pennsylvania held that an employer’s conduct, absent a company social media policy, resulted in the torts of unauthorized use of name, invasion of privacy by misappropriation and misappropriation of publicity. The court, however, held the employer not liable for conversion, tortious interference with contract, civil conspiracy and civil aiding and abetting. Lastly, the court rejected the employer’s counterclaims of misappropriation and unfair competition.
This case illustrates the increasingly common issues surrounding employee use of social media in the course of promoting, selling and marketing for their employers. Specifically, it shows the consequences of not having in place a policy relating to use and ownership of social media and social media accounts. In Eagle, the court suggested that the employer may have prevailed if it had implemented a social media policy that covered factors relevant to ownership, such as whether: (1) the employer paid the social media account fees; (2) the employer dictated the precise contents of the employee’s account; (3) the employee acted expressly on behalf of the employer due to her position, role or responsibility; or (4) the social media account was developed and built through investment of the employer’s time and resources.
