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Public Relations and the Law

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Reputation Management

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The practice of shaping public perception of a person or organization. PR professionals work within the bounds of defamation law to enhance and protect reputation.

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Intellectual Property (IP) Law

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Legal protections for creations of the mind, such as inventions, designs, and artistic work. PR must ensure that IP is respected and not infringed upon in campaigns.

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Litigation Public Relations

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The management of the communication process during the course of any legal dispute to affect the outcome or its impact on the client’s overall reputation. PR firms must handle communications carefully to support legal strategy and client reputation.

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Sponsorship

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A business relationship where an organization provides funds, resources, or services to another in exchange for recognition or promotional benefits. PR must ensure sponsorships are transparent and legally disclosed.

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Privacy Laws

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Laws that protect personal information from being misused. PR campaigns must safeguard personal data and respect privacy, especially when handling client or customer information.

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Public Affairs

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Activities focused on influencing or managing relationships with governments and regulatory agencies. PR professionals in this area must be aware of lobbying laws and regulations.

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Non-disclosure agreement (NDA)

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A legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another but restrict access to third parties. In PR work, protecting client information is often governed by NDAs.

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False Advertising

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Any advertising that is misleading in some significant way. PR campaigns must ensure all advertised claims are substantiated to avoid legal suits and reputation damage.

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Trademark

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A symbol, word, or phrase legally registered to represent a company or product. PR campaigns should ensure trademarks are correctly used to avoid infringement.

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Right of Publicity

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The right of an individual to control the commercial use of their identity. PR must have consent and proper authorization when using someone's likeness or identity in campaigns.

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Defamation

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A false statement that injures a person's reputation. In PR, ensuring statements are accurate and not harmful to others is crucial to avoid lawsuits.

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Trade Secret

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A confidential business information which provides an enterprise a competitive edge. PR professionals must keep trade secrets confidential unless disclosure is required.

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Consumer Rights

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Laws that protect the interests of consumers, ensuring access to correct information about products and services. PR campaigns should focus on fair representation and transparency to maintain consumer trust.

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Contingency Fee

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A fee paid for services only if the outcome is positive. In PR, agencies may avoid contingency fees to ensure unbiased communications and avoid ethical conflicts.

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Endorsement

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Public approval or support of a product or service. In PR, securing legal and transparent endorsements is important for credibility and compliance with advertising laws.

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Fair use

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The ability to use copyrighted material without permission under certain circumstances, such as for criticism, news reporting, teaching, and research. PR must assess whether their use of copyrighted materials falls within fair use parameters.

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Federal Trade Commission (FTC)

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A U.S. federal agency that administers antitrust and consumer protection legislation. PR campaigns that involve advertising and marketing practices must comply with FTC rules to prevent deceptive practices.

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Freedom of Information Act (FOIA)

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A law ensuring public access to U.S. government records. PR professionals might use FOIA requests to gather information for campaigns or respond to requests regarding their organization.

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Crisis Communication

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A strategy used by organizations to communicate with the public during an emergency situation. PR professionals must navigate legal implications while conveying messages during a crisis.

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Copyright

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Legal right to control the use and distribution of original works. PR campaigns must use copyrighted materials properly or obtain permission.

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