Fonts, Licenses and Intellectual Property Law - Chicago Font Symposium
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Transcript of Fonts, Licenses and Intellectual Property Law - Chicago Font Symposium
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