Abstract
Social media accounts have become valuable business assets, yet courts remain divided on how to resolve disputes over their ownership. In employer-employee contexts, some courts have adopted multi-factor tests to determine whether an account belongs to the business or the individual. However, these tests create inconsistent and unpredictable results, leaving businesses and employees uncertain about their rights. Courts should reject ad hoc multi-factor tests and instead rely on traditional legal frameworks, specifically property, contract, and agency law, to resolve social media ownership disputes. By treating social media accounts as non-transferable, revocable licenses governed by contractual terms, courts can apply established legal principles rather than creating new, overly complex tests. An analysis of federal case law demonstrates how courts have reached conflicting conclusions in social media ownership disputes. Property, contract, and agency law can clarify ownership rights, specifically by emphasizing the importance of the original account creator and the contractual relationship with the platform. Legislative reform is needed to address this issue. One solution is for states to adopt a framework similar to Uniform Commercial Code Article 12 to provide greater uniformity in recognizing social media property interests. Finally, there are several best practices for businesses, including proactive steps to prevent disputes and ensure continued access to company-related social media accounts. By embracing established legal doctrines and rejecting judicial overreach, courts can provide clearer, more predictable outcomes in this evolving area of law.
Recommended Citation
Brittany Kjerstad McKnight,
Pixels and Property Rights: Resolving Social Media Ownership Disputes Between Employers and Employees Through Traditional Property Law Frameworks,
56
N.M. L. Rev.
363
(2026).
Available at:
https://digitalrepository.unm.edu/nmlr/vol56/iss2/5
