fonts, licensing and intellectual property law

FONTS, LICENSING & INTELLECTUAL PROPERTY LAW

Frank J. Martinez, Esq.

THE MARTINEZ GROUP PLLC

MAKING A FONT CHOICE is a DESIGN DECISION, NOT A LEGAL DECISION.

Select A or B …..

TYPE DESIGN, font formats and use of T Y P E has evolved over the years.

ALL FONTS ARE SOFTWARE

DIGITAL IS THE RULE

Digital Fonts = New Design Opportunities.

EMBEDDING WEBFONTS

FLASH TYPE ANIMATION

MOBILE Tablet Devices Smart Phones

E-READERS

? < IS MY USE ALLOWED? >

READ the END USER LICENSE AGREEMENT.

(EULA)! ASK YOUR MANAGER OR THE FOUNDRY

DON’T BE SURPRISED!

With………….

A LAWSUIT OH, SH T.  

SO, WHAT IS THE

(EULA)? HINT: It’s a contract.

YES, BUT NOT THAT KIND OF CONTRACT.

MAKE THE EULA WORK FOR YOU.

Ok, HOW DO I DO THAT?

STEP 1:

KNOW YOUR NEED HOW MANY WORKSTATIONS?

DO I NEED WEBFONTS?

DO I NEED TO DISTRIBUTE TO OUTSIDE DESIGNERS?

DO I NEED TO DISTRIBUTE TO THE CLIENT?

DO I HAVE MORE THAN ONE PHYSICAL OFFICE?

SHOULD MY CLIENT PURCHASE THE LICENSE?  

STEP 2:

INVESTIGATE OPTIONS

DOES THE FONT HAVE A DESIGN ANALOG?

WHERE ARE OTHER CHOICES?

NOT EVERY LICENSE OPTION IS POSTED.

WILL YOUR NEEDS CHANGE OVER TIME?  

STEP 3:

TECHNOLOGY CHANGED EVERYTHING

FONTS ARE VIRTUAL

FONTS NEVER SLEEP

USER HABITS DRIVE USE

USER HABITS DRIVE NEED

STEP 4:

BUY THE LICENSE YOU NEED POSTED LICENSE OPTIONS ADDRESS COMMON NEEDS.

A LICENSE IS A CONTRACT.

CONTRACTS ARE COOKING – SEASON TO TASTE.

IS YOUR USE LIMITED BY TYPE OF USES OR TIME?

IS YOUR USE SOLELY FOR “PITCHING?”

WHO REALLY NEEDS THE LICENSE?

MAKE THE EULA WORK FOR YOU.

STEP 1: KNOW YOUR NEED

STEP 2: INVESTIGATE OPTIONS

STEP 3: TECHNOLOGY CHANGED EVERYTHING

STEP 4: BUY THE LICENSE YOU NEED

AVOIDING PROBLEMS

BE PROACTIVE

DEVELOP SOFTWARE USE GUIDELINES

PUBLISH THE GUIDELINES

MAKE THE GUIDELINES PART

OF THE EMPLOYEE HANDBOOK

CONDUCT A SURVEY OF WORKSTATIONS

IS SOFTWARE STORED ON SERVERS    

WHAT DO I DO IF I FIND UNLICENSED SOFTWARE?  

SEEK THE ADVICE OF YOUR MANAGER

OR IN-HOUSE COUNSEL