Contract Clause Library
Publicity / case study clause
Grants (or withholds) permission to publicly reference the engagement — in a portfolio, case study, or marketing material.
Agencies often want to showcase completed work as a case study or portfolio piece, but that requires the client's permission, especially where the work itself or the underlying business results are confidential. This clause states whether that permission exists by default, requires a separate approval each time, or is denied entirely, and whether the client needs to review case study copy before publication.
Sample wording
Sample language (illustrative, not legal advice)
Vendor may reference Client's name and describe the general nature of the engagement in Vendor's portfolio and marketing materials. Any case study including specific business results, metrics, or Client quotes requires Client's prior written approval of the final copy.
Red flags
- No publicity clause at all, leaving portfolio use in a legal gray area that a confidentiality clause may actually prohibit
- A blanket publicity grant with no approval step for specific metrics or quotes, which can conflict with the client's own confidentiality obligations to its customers
- Publicity rights that survive termination with no way for the client to later revoke permission if circumstances change
How MarginFlow reads it
This clause is extracted mainly to answer a single yes/no question quickly — can this engagement be referenced publicly, and does a case study need client sign-off — since that's usually all it's checked for, at the point someone wants to actually write the case study.
Related reading