Document Type

Article

Publication Date

2024

Abstract

This article examines why the “Original Creation and Transfer” test is a better approach than implied transfer when determining ownership of a social media account. The Original Creation and Transfer test promotes judicial economy, clarity, and predictability. It also has the advantages of a property rule, namely encouraging investment, reducing litigation, and allowing employee mobility. This test achieves the proper balance between worker and employer rights and yields fair results in test cases. Additionally, a uniform law should be created based on the Original Creation and Transfer test to help promote uniformity across jurisdictions.

Publication Title

American University Business Law Review

Volume

14

Issue

1

First Page

1

Download

Share

COinS