1. Mini Law Lesson:
How Brands Can Use
Twitter’s New App: Vine
Brian Heidelberger
bheidelb@winston.com
Info @ www.winston.com/bheidelberger

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. Sample Personal Vine Video
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4. Sample Personal Vine Video
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5. Sample Brand Vine Video
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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.
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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
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8. IMPORTANT DISCLAIMER
• I am not your attorney.
• This is not legal advice.
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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.
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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.
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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.
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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.
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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.
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14. More Mini Law Lessons
@ adage.com and
youtube.com/BrianHeidelberger
• 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
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