If you have been in any of the seminars where I have presented on social media law, you have heard me say “an ounce of prevention is cheaper than the first day of litigation.” Right? Well it is true, and the context in which I said that is in reference to the lawsuit PhoneDog v. Kravitz that, according to Mashable, has now settled. I discussed this lawsuit in more detail HERE if you would like to know more. The terms of the settlement were not disclosed but, quite frankly, anyone who understands the price of litigation knows that both parties lost in the end. That is why the takeaway is so important:
THE TAKEAWAY: Every company needs a contractual agreement that clearly states who owns social media accounts used on behalf of the company. It is that simple. Such an agreement can usually be included in an employee handbook, employment policies, or a social media policy. The cost of such an agreement will likely be cheaper than the very first day of litigation if a dispute arises over that issue.
Kravitz himself summed this up quite nicely: “If anything good has come of this, I hope it’s that other employers and employees can recognize the importance of social media … good contracts and specific work agreements are important, and the responsibility for constructing them lies with both parties.”