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.

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