The Hayley Paige dilemma
If a company invests in an employees personal brand, who owns it? The individual? Or the company?
Any Say Yes to the Dress, fan knows, and likely loves, Hayley Paige. She is a wedding dress designer known for her playful, yet elegant, designs. Her bubbly, happy personality are reflected in the dresses she creates and the marketing strategies used to engage audiences. In many ways, her personal brand was also the company brand, and that overlap is where the controversy begins.
Hayley Paige Gutman recently announced her resignation from her parent company, JLM Couture. According to a video posted by Gutman, she claims that while in the middle of contract negotiations, JLM issued a restraining order that banned her from using her social media accounts, @misshayleypaige, and from using her name in business. While JLM Couture claims that the account was made to promote the company brand, Gutman claims that they were her personal accounts.
What has now resulted in a heated legal battle has also raises some interesting questions:
At what point, if ever, does a personal brand become a company brand?
If a company helps an employee create their personal brand, who owns it? The company? Or the individual?
Should companies be allowed to influence their employees' personal brands?
Should employee contacts be rethought to include a clear delineation between personal social media vs. company social media? A personal brand vs. the company brand?
With the continued rise of influencers and the desire many companies have to create influencers, this question of, ‘who owns the personal brand,’ will continue to be raised. Personally, I believe that a personal brand is owned by the individual. Regardless of the amount of money a company has poured into supporting that individual, humans are not products and should not be owned by a corporation.
In this regard, I believe that companies should always consider the following before investing in an employee’s personal brand:
If this individual were to leave, how much of an effect would it have on our company?
If this individual were to do something that conflicts with the company’s brand, could we distance ourselves enough so it wouldn't have a negative effect on the company?
Is there something that a personal brand can do, that our company brand cannot? If yes, is there something we’re wrong as an organization that is hindering our growth?
This lawsuit will set a precedent of where the line between a personal brand and a company brand starts and ends. As influencers continue to grow in social media, this distinction will only grow in importance, and these questions will continue to be raised.
It is important that this trial, and all future lawsuits that question the ownership of an individual's name and brand, keep in consideration the effect it will have on thousands of entrepreneurs and influencers, as they work to build their name and brand.