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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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I own, set up & manage a twitter account as part of a multimedia

Resolved Question:

I own, set up & manage a twitter account as part of a multimedia contract. The company I do this for liquidated & a new company asked me to maintain the account.
They want access to tweet directly. With access they have absolute access to change passwords to lock me out. They agree not to do this and that they will compensate me for IPR to the amount of £87k if they did (owed from the previous firm )
Is this something that we can agree in a letter between us? We have a good relationship;
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
Under the existing multi media contract do you have any rights to the IPR in the twitter account?
Why has the liquidator of old co not claimed the twitter account?
Kind regards
AJ
Customer: replied 2 years ago.

The account is owned and operated by me. It was invoiced to the liquidated company as part of my contract for social media, website management and facebook and as such was not part of the liquidation.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
A letter alone will not be sufficient because it is not a contract.
What you need is a contract that agrees that if for any reasons they:
- Cause the account to be suspended;
- In any way infringe on your ownership of the site or deal with it inconsistently with your ownership;
- Cause your account to be stopped,
It is implied that they will pay an agreed price of £87,000 as an estimate of your losses, being the value of the twitter account.
If you are going to give them access, why dont you just sell them the account?
Kind regards
AJ
Customer: replied 2 years ago.

Thank you. They do not have the funds to pay for the work that has gone in to all aspects of the previous contract. They still want us to tweet for them.

Thank you for the advice.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I would not recommend giving them access. The value of the site is dependent on having access - if they mess up your agreement with twitter then the account goes.
Simply having a side letter saying they have to pay wont be enforceable as a court would just view it as a penalty clause.
Can they not just enter into a watered down multi media contract with you?
Kind regards
AJ
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