FONTS: LICENSING & INTELLECTUAL PROPERTY LAW

Frank J. Martinez, Esq.

THE MARTINEZ GROUP PLLC 4/22/14

4/22/14

making a font decision is a

DESIGN DECISION

not a legal decision 4/22/14

TYPE DESIGN

font formats and the use of type has

evolved

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DIGITAL IS THE RULE.

ALL FONTS ARE SOFTWARE

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digital fonts mean

NEW DESIGN OPPORTUNITIES

EMBEDDING

FLASH TYPE ANIMATION

WEBFONTS 4/22/14

MOBILE SMART PHONES

TABLET DEVICES 4/22/14

E-READERS

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IS MY USE ALLOWED?

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the End User

License Agreement

READ

(EULA) 4/22/14

(hint: it’s a contract)

EULA?

SO, WHAT IS THE

4/22/14

yes, but not

THAT KIND

of contract. 4/22/14

ask your MANAGER or the FOUNDRY don’t be surprised with …

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THE CYCLE OF MISERY

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A LAWSUIT

oh, sh!#t.

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Okay, how do I do that?

FOR YOU

MAKE THE EULA WORK

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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

4/22/14

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 l icense?

KNOW YOUR NEED STEP ONE

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Does the font have a design analog?

Where are the other choices?

Not every l icense option is posted.

Will my needs change over t ime?

INVESTIGATE OPTIONS

STEP TWO

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Fonts are virtual

Fonts never sleep

User habits drive uses

User habits drive needs

TECHNOLOGY CHANGED

EVERYTHING

STEP THREE

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Posted l icense options address common needs

A l icense is a contract

Contracts are cooking—season to taste

Is your need l imited by types of uses or t ime?

Is your use solely for “pitching”?

Who really needs the l icense?

BUY THE LICENSE YOU NEED

STEP FOUR

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Develop software use guidelines

Publish the guidelines

Make them a part of the employee handbook

Conduct a survey of workstations

Is software stored on servers?

BE PROACTIVE

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UNLICENSED SOFTWARE?

WHAT DO I DO IF I FIND

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MANAGER

SEEK THE ADVICE OF YOUR

or

IN-HOUSE COUNSEL

4/22/14