Best Legal Practices for Marketing with Vine

Vine videos have taken social media by storm. Brands are catching on to the trend. A recent survey conducted by Unruly Group Limited shows that companies now use Vine about 4 times more than online videos to market their brand.

Brands wanting to make use of Vine should adhere to the following best practices:

• Your Vines are commercials and require the same kind of copy clearance a television advertisement would require.
• Obtain clearances that specifically include Vine from models, actors, copyright and trademark owners, and any other third party rights holders.
• Remember that third-party licenses likely expire and docket the deadline for taking down your brand’s Vine videos to avoid being in breach of contract.
• Use actors who are non-signatories to SAG-AFTRA to avoid union problems. While we have not heard anything dispositive on Vine videos being seen as commercials, good arguments exist.
• Make sure that you have vetted your videos for advertising claims and required substantiation. Vine’s format lends itself to implied advertising or comparative advertising claims that require substantiation.
• Beware unauthorized celebrity use in Vine videos or liking a celebrity feed in a manner that implies endorsement. Be sure to comply with the FTC Guides on Endorsements and Testimonials. (See more discussion here of these guidelines.)
• Comply with Twitter’s terms on prize promotions since Vine does not have its own.
• User-generated Vines may present copyright and other third party problems, as explained above. Think carefully before accepting Vine videos from customers on your social media pages.
• Be aware of the text space-constraints in Vine videos (140 characters) and ensure compliance with the FTC’s recently published DotCom Disclosure Guidelines when using endorsements or promotions.
• Consider whether you want to be the test case in a fair use defense lawsuit before using any copyrighted material from a litigious owner.

These best practices are likely to evolve over time, particularly with competition from Instagram and as the Vine platform develops and the marketplace matures.