Publicity: Overview, definition and example

What is publicity?

Publicity refers to the promotion or public disclosure of information about a company, product, service, or agreement. In contracts, publicity clauses often govern how and when one party can use the other’s name, logo, or details of the agreement in marketing, press releases, or public statements.

For example, a publicity clause in a partnership agreement might prohibit either party from issuing press releases without the other’s prior approval.

Why is publicity important?

Publicity is important because it protects the reputation and branding of all parties involved in an agreement. It ensures that any public disclosures or marketing efforts are controlled, accurate, and mutually agreed upon, preventing unauthorized or potentially damaging statements.

By including clear publicity terms in contracts, businesses can safeguard sensitive information, maintain brand integrity, and establish a cooperative approach to public communications.

Understanding publicity through an example

A software company signs a contract with a large retailer to provide IT services. The contract includes a publicity clause requiring the retailer’s written consent before the software company can use its name in marketing materials. This ensures that any public statements about the partnership align with the retailer’s branding and communication strategy.

An example of a publicity clause

Here’s how a publicity clause might appear in a contract:

“Neither Party shall use the name, logo, or other identifying marks of the other Party in any public announcements, marketing materials, or press releases without prior written consent. All publicity shall be subject to the approval of both Parties.”

Conclusion

Publicity clauses are essential for controlling how information about an agreement or partnership is shared with the public. By clearly defining the terms of public disclosures, these clauses protect reputations, prevent unauthorized statements, and ensure that all communications are accurate and mutually agreed upon. Including a well-drafted publicity clause fosters trust and cooperation between parties.


This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.