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 …

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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  • 1. FONTS: LICENSING & INTELLECTUAL PROPERTY LAW Frank J. Martinez, Esq. THE MARTINEZ GROUP PLLC4/22/14
  • 2. 4/22/14
  • 3. making a font decision is a DESIGN DECISION not a legal decision 4/22/14
  • 4. TYPE DESIGN font formats and the use of type has evolved 4/22/14
  • 5. DIGITAL IS THE RULE. ALL FONTS ARE SOFTWARE 4/22/14
  • 6. digital fonts mean NEW DESIGN OPPORTUNITIES EMBEDDING FLASH TYPE ANIMATION WEBFONTS 4/22/14
  • 7. MOBILE SMART PHONES TABLET DEVICES 4/22/14
  • 8. E-READERS 4/22/14
  • 9. IS MY USE ALLOWED? 4/22/14
  • 10. the End User License Agreement READ (EULA) 4/22/14
  • 11. (hint: it’s a contract) EULA? SO, WHAT IS THE 4/22/14
  • 12. yes, but not THAT KIND of contract. 4/22/14
  • 13. ask your MANAGER or the FOUNDRY don’t be surprised with … 4/22/14
  • 14. THE CYCLE OF MISERY 4/22/14
  • 15. A LAWSUIT oh, sh!#t. 4/22/14
  • 16. Okay, how do I do that? FOR YOU MAKE THE EULA WORK 4/22/14
  • 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. 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. 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. Fonts are virtual Fonts never sleep User habits drive uses User habits drive needs TECHNOLOGY CHANGED EVERYTHING STEP THREE 4/22/14
  • 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. 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. UNLICENSED SOFTWARE? WHAT DO I DO IF I FIND 4/22/14
  • 24. MANAGER SEEK THE ADVICE OF YOUR or IN-HOUSE COUNSEL4/22/14