Contrary to what many might assume, being a social media manager for a brand entails more knowledge than just how to create viral online content. Rather, in this position, you must have a thorough understanding of copyright, trademark, and licensing rules. This is because if there is ever an accusation of an online post being considered infringing content, a company may not assume responsibility, but the social media manager may be the one who gets in trouble. With all things considered, please read on to discover whether a social media manager would ever be held personally liable for infringement, and how a seasoned New Jersey copyright lawyer at The Ingber Law Firm can work for you and ensure you do not ever encounter such legal risk.
Can a social media manager be held personally liable for infringement?
There are considerable fine lines between what is considered original inspiration, fair use, and infringement. Social media managers may have to walk this line in their daily work, and may be personally implicated in an intellectual property dispute with one small misstep. Generally speaking, a third party may have a case against a social media manager if they have reason to believe that their infringing actions were intentional, negligent, or outside the scope of their professional role. Below are more specific examples of what might get a social media manager into this legal trouble:
- A social media manager may knowingly post an image found on Google without the copyright owner’s explicit permission.
- A social media manager may use a competitor’s trademarked logo or slogan in a post and ignore takedown notices.
- A social media manager may use a copyrighted music clip in a published video without verifying the usage rights.
- A social media manager may repost an influencer’s content with their or their photographer’s written consent.
- A social media manager may repost an influencer’s content and purposefully remove the watermarks or attributions.
When should a social media manager contact an IP lawyer?
Unfortunately, as a social media manager, you cannot always assume that your employer will protect you legally. We encourage you to look after yourself and retain the services of a skilled intellectual property lawyer at the first sign of trouble. For one, as soon as you receive a cease-and-desist letter, Digital Millennium Copyright Act (DMCA) takedown notice, trademark violation warning, or litigation threats from a third party. This is because your lawyer may assess whether these actions taken against you are valid, and if so, de-escalate the situation on your behalf so that it does not quickly turn into a lawsuit.
Even better, you may be proactive and seek a lawyer’s guidance before you even launch an arguably high-risk online social media campaign. Namely, a post that includes copyrighted music clips, parodies of/comparative advertising to your competitors, stock images from the Internet, or original art from user submissions, etc. Your lawyer may provide legal counsel on this initiative and even assist you in drafting and executing contracts when deemed necessary.
That said, if you wish to explore your legal options moving forward, please allow a competent Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm to be your guiding force. Please schedule your initial consultation with our firm at the first chance you get.