FONTS:LICENSING &

INTELLECTUAL PROPERTY LAW

Frank J. Martinez, Esq.

THE MARTINEZ GROUP PLLC

COPYRIGHTAcceptable Subject Matter(1) Literary works (includes Font Software);(2) musical works, including any accompanying words;(3) dramatic works, including any accompanying music;(4) pantomimes and choreographic works;(5) pictorial, graphic, and sculptural works;(6) motion pictures and other audiovisual works;(7) sound recordings; and(8) architectural works.

COPYRIGHTAcceptable Subject Matter

LITERARY WORKS

BOOKSPOETRYPLAYSSHORT STORIESCOMPUTER CODE

COPYRIGHTAcceptable Subject Matter

musical works, includingany accompanying words

Orchestral WorksOperaMusical PlaysModern Songs

COPYRIGHTAcceptable Subject Matterpantomimes choreographic works

DanceChoreographyDance Notation

COPYRIGHTAcceptable Subject Matter

pictorial, graphic, Sculptural works

GraphicsPaintingSculpture

COPYRIGHTAcceptable Subject Matter

motion pictures and audiovisual works

MoviesTelevision Showsand others

COPYRIGHTAcceptable Subject Matter

sound recordings

Recordsvinyldigital

COPYRIGHT

Acceptable Subject Matter

architectural works

COPYRIGHTAcceptable Subject Matter – Again!

LITERARY WORKS

BOOKSPOETRYPLAYSSHORT STORIESCOMPUTER CODE

Fonts are Software!

Design: Julian Hansen

making a font decision is a

DESIGN DECISION

not a legal decision

TYPE DESIGN font formats and the use of type has

evolved

DIGITAL IS THE RULE.

ALL FONTS ARE SOFTWARE

digital fonts mean

NEW DESIGN OPPORTUNITIES

EMBEDDING

FLASH TYPEANIMATION

WEBFONTS

MOBILESMART PHONES

TABLET DEVICES

E-READERS

IS MY USEALLOWED?

the End User License Agreement

READ

(EULA)

(hint: it’s a contract)

EULA?

SO, WHAT IS THE

yes, but not

THAT KIND

of contract.

ask yourMANAGERor theFOUNDRY

don’t be surprised with …

THE CYCLE OF MISERY

A LAWSUIT

oh, sh!#t.

Okay, how do I do that?

FOR YOU

MAKE THE EULA WORK

MAKE THE EULA WORK FOR YOU.

STEP 1: KNOW YOUR NEEDSTEP 2: INVESTIGATE OPTIONS

STEP 3: TECHNOLOGY CHANGED EVERYTHING

STEP 4: BUY THE LICENSE YOU NEED

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 NEEDSTEP ONE

Does the font have a design analog?

Where are the other choices?

Not every l icense option is posted.

Will my needs change over time?

INVESTIGATE OPTIONS

STEP TWO

Fonts are vir tual

Fonts never sleep

User habits drive uses

User habits drive needs

TECHNOLOGY CHANGED

EVERYTHING

STEP THREE

Posted l icense options address common needs

A license is a contract

Contracts are cooking—season to taste

Is your need l imited by types of uses or time?

Is your use solely for “pitching”?

Who really needs the l icense?

BUY THE LICENSE YOU NEED

STEP FOUR

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

UNLICENSEDSOFTWARE?

WHAT DO I DO IF I FIND

MANAGER

SEEK THE ADVICE OF YOUR

or

IN-HOUSECOUNSEL