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Like any other piece of software, fonts are governed by licenses. As the premier legal authority on fonts and intellectual property, Frank Martinez Esq. of The Martinez Group shares how font licenses function, and how your organization can stay on the right side of the law with your licensing strategies.
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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
4/22/14
DIGITAL IS THE RULE.
ALL FONTS ARE SOFTWARE
4/22/14
digital fonts mean
NEW DESIGN OPPORTUNITIES
EMBEDDING
FLASH TYPE ANIMATION
WEBFONTS 4/22/14
MOBILE SMART PHONES
TABLET DEVICES 4/22/14
E-READERS
4/22/14
IS MY USE ALLOWED?
4/22/14
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 …
4/22/14
THE CYCLE OF MISERY
4/22/14
A LAWSUIT
oh, sh!#t.
4/22/14
Okay, how do I do that?
FOR YOU
MAKE THE EULA WORK
4/22/14
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
4/22/14
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
4/22/14
Fonts are virtual
Fonts never sleep
User habits drive uses
User habits drive needs
TECHNOLOGY CHANGED
EVERYTHING
STEP THREE
4/22/14
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
4/22/14
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
4/22/14
UNLICENSED SOFTWARE?
WHAT DO I DO IF I FIND
4/22/14
MANAGER
SEEK THE ADVICE OF YOUR
or
IN-HOUSE COUNSEL
4/22/14
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