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FONTS:
LICENSING &
INTELLECTUAL
PROPERTY LAW
Frank J. Martinez, Esq.
THE MARTINEZ GROUP
PLLC4/22/14
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 ...
How many workstations?
Do I need webfonts?
Do I need to distribute to outside designers?
Do I need to distribute to the cl...
Does the font have a design analog?
Where are the other choices?
Not every license option is posted.
Will my needs change ...
Fonts are virtual
Fonts never sleep
User habits drive uses
User habits drive needs
TECHNOLOGY
CHANGED
EVERYTHING
STEP THRE...
Posted license options address common needs
A license is a contract
Contracts are cooking—season to taste
Is your need lim...
Develop software use guidelines
Publish the guidelines
Make them a part of the employee handbook
Conduct a survey of works...
UNLICENSED
SOFTWARE?
WHAT DO I DO
IF I FIND
4/22/14
MANAGER
SEEK THE ADVICE
OF YOUR
or
IN-HOUSE
COUNSEL4/22/14
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Fonts, Licenses and Intellectual Property Law - Chicago Font Symposium

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

  1. 1. FONTS: LICENSING & INTELLECTUAL PROPERTY LAW Frank J. Martinez, Esq. THE MARTINEZ GROUP PLLC4/22/14
  2. 2. 4/22/14
  3. 3. making a font decision is a DESIGN DECISION not a legal decision 4/22/14
  4. 4. TYPE DESIGN font formats and the use of type has evolved 4/22/14
  5. 5. DIGITAL IS THE RULE. ALL FONTS ARE SOFTWARE 4/22/14
  6. 6. digital fonts mean NEW DESIGN OPPORTUNITIES EMBEDDING FLASH TYPE ANIMATION WEBFONTS 4/22/14
  7. 7. MOBILE SMART PHONES TABLET DEVICES 4/22/14
  8. 8. E-READERS 4/22/14
  9. 9. IS MY USE ALLOWED? 4/22/14
  10. 10. the End User License Agreement READ (EULA) 4/22/14
  11. 11. (hint: it’s a contract) EULA? SO, WHAT IS THE 4/22/14
  12. 12. yes, but not THAT KIND of contract. 4/22/14
  13. 13. ask your MANAGER or the FOUNDRY don’t be surprised with … 4/22/14
  14. 14. THE CYCLE OF MISERY 4/22/14
  15. 15. A LAWSUIT oh, sh!#t. 4/22/14
  16. 16. Okay, how do I do that? FOR YOU MAKE THE EULA WORK 4/22/14
  17. 17. 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 NEED4/22/14
  18. 18. 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? KNOW YOUR NEED STEP ONE 4/22/14
  19. 19. Does the font have a design analog? Where are the other choices? Not every license option is posted. Will my needs change over time? INVESTIGATE OPTIONS STEP TWO 4/22/14
  20. 20. Fonts are virtual Fonts never sleep User habits drive uses User habits drive needs TECHNOLOGY CHANGED EVERYTHING STEP THREE 4/22/14
  21. 21. Posted license options address common needs A license is a contract Contracts are cooking—season to taste Is your need limited by types of uses or time? Is your use solely for “pitching”? Who really needs the license? BUY THE LICENSE YOU NEED STEP FOUR 4/22/14
  22. 22. 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
  23. 23. UNLICENSED SOFTWARE? WHAT DO I DO IF I FIND 4/22/14
  24. 24. MANAGER SEEK THE ADVICE OF YOUR or IN-HOUSE COUNSEL4/22/14
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