After leaving the company, who does the employee's influencer account belong to? Let's talk about this topic:
Let's start with an example
Li Lin is an employee of Fresh Fruit Company, and as a senior director of planning, her main job is product promotion.
In order to promote products more innovatively and efficiently, in March 2018, Li Lin registered two new ** accounts with her personal information in her real name. One is used to post her private life**; Another "fresh and delicious" account, she applied to the company for resource input. After the company's permission, Li Lin established a work group chat through WeChat, and organized other staff to discuss topic selection, plan copywriting, and allocate company resources in the group chat.
Since April of the same year, the "Fresh and Delicious" account has released a series of ** under the operation of the team, and the fresh style and healthy content soon attracted a group of regular "fans".
More than a year later, Li Lin terminated the labor relationship with the company, and the company asked Li Lin to complete the handover of the operation of the "Fresh and Delicious" account. Although Li Lin said in the social ** after leaving the job that he would return the account to the company, he did not actually fulfill it, but changed the name of the account and posted other types of ** in the account.
As a result, Xianguo Company filed a lawsuit with the court, requesting the court to confirm that the right to use the account belonged to the company.
How did the court determine this account use right dispute? What should I pay attention to when operating a self-** account?
Ask. Who does the influencer account belong to after the employee leaves?
The court of first instance held that the idea of filming ** of the account involved in the case was jointly conceived by the employees of the fresh fruit company, the raw materials required for the filming of ** were provided by the company, and most of the content filmed was the production of fresh food, which was related to the company's main business.
Although the account involved in the case was registered in Li Lin's personal name, as of Li Lin's resignation, the ** content created by Li Lin was not created by Li Lin alone. The company is also fully aware of the account, and the account is also included in the management of the company's visual department. Based on factors such as the establishment, content, resources and management of the account, it is determined that the account should be the result of labor jointly created by the company's employees. Therefore, it was decided that the right to use the account belonged to Fresh Fruit Company.
Li Lin was dissatisfied with the first-instance verdict and appealed to the Shanghai No. 1 Intermediate People's Court. The Shanghai No. 1 Intermediate People's Court rejected the appeal and ruled that the right to use the account involved in the case belonged to the company, and Li Lin needed to cooperate with the company to change the registration subject information of the account involved in the case to the company's name.
Ask. What should I pay attention to when operating a self-** account?
Li Xing, the person in charge of assisting the civil and commercial expedited trial team of the case filing division of the Shanghai No. 1 Intermediate People's Court, and the presiding judge and presiding judge of this case, reminded that the judgment of the ownership of the right to use the self-** account is a complex process, and there will be different results in different case facts.
For the ownership of the self-** account, it is recommended that the employee and the company agree in advance on the details of account ownership, operation and management rights, account handover and ownership after the end of the contract, and try to avoid possible disputes in the future.
When registering and applying for a self-leading account, you should carefully study the relevant agreements and registration procedures and information of each platform to avoid risks in advance and protect your rights.
Labor Daily reporter Guo Na).
*: Labor Daily WeChat***