New Paragraph

SigninG a Publishing Contract

9B. Non-Disparagement

In general, it is best to avoid non-disparagement clauses in your contract. If something goes wrong between you and your publisher, you want to be allowed to talk about it.


If your publisher insists on a non-disparagement clause, try to a) make it as narrow as possible, and b) make it apply to the publisher as well as to you.


This is an example of a minimal, two-way non-disparagement clause. Slander (false, damaging spoken statements), libel (false, damaging written statements), and defamation (slander and/or libel) are already things that your publisher could sue you for, so banning them in your contract is not particularly impactful.

PUBLISHER and DESIGNER agree and covenant that they will not at any time, either now or in the future, make, publish, or otherwise communicate, either orally or in writing, in any medium or format, to any person or entity or in any public forum any slanderous, libelous, or defamatory statements regarding PUBLISHER or its Products or Affiliates or DESIGNER or their Products or Affiliates.

The following is an example of language that is much more problematic, because it would ban you from sharing any information that is negative, even if it is true:

DESIGNER will not make:

  1. Any disparaging or criticizing remarks, comments, or statements concerning or in any way associated with PUBLISHER or its Products or Affiliates; or
  2. Any other statement or comment that would reasonably be expected to impair the goodwill or reputation of PUBLISHER or its Products or Affiliates.
Share by: