Brands on Twitter's Vine - What You Legally Need to Know - Ad Age Mini Law Lesson


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Brands on Twitter's Vine - What You Legally Need to Know - Ad Age Mini Law Lesson

  1. 1. Mini Law Lesson: How Brands Can Use Twitter’s New App: Vine Brian Heidelberger bheidelb@winston.comInfo @
  2. 2. What is Vine?• Video App similar to Instagram (photos)• Post a video up to 6 seconds played in a loop along with 140 characters• Like Twitter, users can follow, like and comment on the videos• Owned by Twitter but separate 2
  3. 3. Sample Personal Vine Video 3
  4. 4. Sample Personal Vine Video 4
  5. 5. Sample Brand Vine Video 5
  6. 6. Third Party Rights• Don’t include without permission  images owned by a third party,  images of people,  anything that infringes a trademark• Treat any Vine Video similar to a television commercial and undertake legal clearance• Ensure that the licensed rights include Vine specifically, if you can, and take down the Vine Video before the license expires. 6
  7. 7. Advertising Issues• Vine Videos made by brands most likely constitute advertising.  May be some exceptions (but few)• If Vine Video makes any advertising claims, such claims must be substantiated.• Certain Vine Videos could be seen as “commericals” by SAG so you may want to use non-signatories to create 7
  8. 8. IMPORTANT DISCLAIMER• I am not your attorney.• This is not legal advice. 8
  9. 9. Use of Celebrities• Relatively Limited Risk of Challenge  Commenting on or liking a single Vine video posted by a celebrity that positively mentions your brand;• Higher Risk of Challenge  Use of a celebrity’s name or likeness or otherwise linking a celebrity to brand  Use of a celebrity’s Vine Video or third party’s comments on outside of social media without permission. 9
  10. 10. Following and Commenting on Non- Celebrity Vine Users or Vine Videos• Relatively limited risk of Challenge  Following and comment on other Vine users and Vine Videos as long you do not imply endorsement and comment in a positive fashion.• Carefully assess the risk with the legal department before following or commenting on competitors or their Vine videos. 10
  11. 11. Vine Video Contests• Vine does not currently have specific terms and conditions which apply to promotions• Twitter, which owns Vine, does have promotions guidelines which discourage the creation of multiple accounts to enter the promotion and posting of the same Tweet (Vine) multiple times.• Other typical UGC prohibitions apply. 11
  12. 12. Vine Video Contests (Cont.)• Vine Video is public upon creation and Brand would be unable to screen entries prior to publication.• Likely will contain content that connects the Vine Video to Brand, since the mechanism for entry would presumably be through use of a hashtag to the Vine Video text area. 12
  13. 13. Vine Video Contests (Cont.)• Description field for each Vine Video is limited to 140 characters, which provides brands with a small space in which to make required disclosures such as the official rules of the promotion.• Brands can disclose promotion terms and details through the use of tiny URLs. 13
  14. 14. More Mini Law Lessons @ and• Can Brands Use Celebrities in Social Media Without Permission• How to Handle a Cease and Desist• Law of Facebook• Law of Apps• Law of Pinterest 14