brands on twitter's vine - what you legally need to know - ad age mini law lesson

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

Post on 09-May-2015

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  • 1.Mini Law Lesson:How Brands Can Use Twitters New App: VineBrian Heidelbergerbheidelb@winston.comInfo @ www.winston.com/bheidelberger

2. What is Vine? Video App similar toInstagram (photos) Post a video up to 6seconds played in aloop along with 140characters Like Twitter, users canfollow, like andcomment on the videos Owned by Twitter butseparate2 3. Sample Personal Vine Video 3 4. Sample Personal Vine Video 4 5. Sample Brand Vine Video5 6. Third Party Rights Dont include without permission images owned by a third party, images of people, anything that infringes a trademark Treat any Vine Video similar to a televisioncommercial and undertake legal clearance Ensure that the licensed rights include Vinespecifically, if you can, and take down theVine Video before the license expires. 6 7. Advertising Issues Vine Videos made by brands most likelyconstitute 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 ascommericals by SAG so you may want touse non-signatories to create7 8. IMPORTANT DISCLAIMER I am not your attorney. This is not legal advice.8 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 celebritys name or likeness or otherwise linking a celebrity to brand Use of a celebritys Vine Video or third partys comments on outside of social media without permission.9 10. Following and Commenting on Non- Celebrity Vine Users or Vine Videos Relatively limited risk of Challenge Following and comment on other Vineusers and Vine Videos as long you do notimply endorsement and comment in apositive fashion. Carefully assess the risk with the legaldepartment before following orcommenting on competitors or theirVine videos. 10 11. Vine Video Contests Vine does not currently have specific termsand conditions which apply to promotions Twitter, which owns Vine, does havepromotions guidelines which discouragethe creation of multiple accounts to enterthe promotion and posting of the sameTweet (Vine) multiple times. Other typical UGC prohibitions apply.11 12. Vine Video Contests (Cont.) Vine Video is public upon creation andBrand would be unable to screen entriesprior to publication. Likely will contain content that connectsthe Vine Video to Brand, since themechanism for entry would presumablybe through use of a hashtag to the VineVideo text area.12 13. Vine Video Contests (Cont.) Description field for each Vine Video islimited to 140 characters, whichprovides brands with a small space inwhich to make required disclosures suchas the official rules of the promotion. Brands can disclose promotion termsand details through the use of tiny URLs.13 14. More Mini Law Lessons @ adage.com and youtube.com/BrianHeidelberger Can Brands Use Celebrities inSocial Media Without Permission How to Handle a Cease and Desist Law of Facebook Law of Apps Law of Pinterest 14