Does a Company Own Its Facebook Likes?
By Joshua Brustein August 26, 2014
Collect all the “likes” you want on Facebook. They’re not really yours. So says a district court judge in Florida, cutting down a woman’s attempt to wrestle several million Facebook (FB) “likes” away from BET’s (VIA) official fan page for its comedy-drama The Game.
The story (of the legal dispute, not the television show) begins in 2008, when Stacey Mattocks started a fan page for The Game. Soon thereafter, the show went off the air, but the Facebook page lived on. When BET decided to revive The Game in 2010, the network reached out to Mattocks, offering to give her part-time work maintaining her page as the show’s official fan page. BET wasn’t eager to start from scratch: Mattocks had already gathered about 2 million “likes,” according to court documents.
Mattocks and BET signed a deal giving the company administrative access to the page; each agreed not to lock the other out. BET employees and Mattocks worked together, quickly amassing 4 million additional “likes.” But Mattocks wanted a full-time job, and she decided to play hardball to get it. She revoked BET’s administrative access, saying she’d give it back when they agreed to pay her an acceptable salary. The company responded by starting its own page. It also asked Facebook to shut down Mattocks’s page—it contained copyrighted material—and have all the “likes” transferred to its own page. Facebook obliged and Mattocks sued, arguing that she should have the right to capitalize on the business opportunity she had created by getting a lot of people to approve of her page.
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http://www.businessweek.com/articles/2014-08-26/judge-rules-creators-of-facebook-pages-dont-own-their-likes