Proprietary Rights and Social Media: Navigating New Legal Frontiers

This paper explores the increasingly significant role of social media influence in legal contexts, particularly in the law of trusts and proprietary rights. It examines how social media influence can be quantified and potentially recognised as a form of property that could be used for creating trusts. Key legal cases and the use of metrics like Google Search Index and Share of Voice are discussed to illustrate how influence is becoming a measurable and valuable commodity in legal and commercial domains.

In this course you will:

1. Understand the Legal Implications of Social Media Influence: Participants will learn how social media influence is increasingly recognised as a quantifiable and valuable asset in legal contexts, particularly in the realm of proprietary rights and the law of trusts.
2. Analyse Key Legal Cases: Course attendees will gain the ability to analyse and discuss significant legal cases that have set precedents in recognising social media metrics as factors in contractual disputes and proprietary rights, such as the case between New Balance Athletics and Liverpool Football Club.
3. Evaluate the Role of Equity in Modern Law: Participants will explore how the flexibility of equity allows for the adaptation of ancient legal principles to modern contexts, including the recognition of new forms of intangible property like social media influence.
4. Assess Metrics for Quantifying Influence: Learners will be equipped to assess various metrics used to quantify social media influence, such as Google Search Index, Share of Voice, and Earned Media Value, and understand their implications for marketing and legal practices.
5. Explore the Potential for Social Media Influence in Trust Law: Attendees will explore the potential for social media influence to be used as the subject matter of a trust or as a metric for identifying beneficiaries, considering both the ethical and practical aspects of such legal developments.