This document discusses font licensing and intellectual property law. It notes that selecting a font is a design decision, not a legal one, but that fonts have evolved with digital technology. It advises readers to read end user license agreements carefully when using fonts and not to be surprised by potential lawsuits for unlicensed use. The document provides steps to make end user license agreements work for the reader's needs, including knowing your needs, investigating license options, understanding how technology has changed font usage, and buying the appropriate license. It suggests being proactive by developing software guidelines and conducting workstation surveys to avoid problems with unlicensed software.

1. FONTS, LICENSING &
INTELLECTUAL PROPERTY LAW
Frank J. Martinez, Esq.
THE MARTINEZ GROUP PLLC

3. MAKING A FONT CHOICE
is a DESIGN DECISION,
NOT A LEGAL DECISION.
Select A or B …..

4. TYPE DESIGN,
font formats and
use of T Y P E
has evolved
over the
years.

5. DIGITAL IS THE RULE
ALL FONTS ARE SOFTWARE

6. Digital Fonts = New Design Opportunities.
EMBEDDING WEBFONTS
FLASH TYPE ANIMATION

7. MOBILE
Tablet Devices
Smart Phones

8. E-READERS

9. ?
< IS MY USE ALLOWED? >

10. READ the
END USER LICENSE AGREEMENT.
(EULA)!
ASK YOUR MANAGER
OR THE FOUNDRY
DON’T BE SURPRISED!
With………….

11. A LAWSUIT
OH,
SH T.
! ! !

12. SO, WHAT IS THE
(EULA)?
HINT: It’s a contract.

13. YES, BUT NOT THAT KIND OF CONTRACT.

14. MAKE THE EULA WORK FOR YOU.
Ok, HOW DO I DO THAT?

15. STEP 1:
KNOW YOUR 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 LICENSE?

16. STEP 2:
INVESTIGATE OPTIONS
DOES THE FONT HAVE A DESIGN ANALOG?
WHERE ARE OTHER CHOICES?
NOT EVERY LICENSE OPTION IS POSTED.
WILL YOUR NEEDS CHANGE OVER TIME?

17. STEP 3:
TECHNOLOGY
CHANGED EVERYTHING
FONTS ARE VIRTUAL
FONTS NEVER SLEEP
USER HABITS DRIVE USE
USER HABITS DRIVE NEED

18. STEP 4:
BUY THE LICENSE YOU NEED
POSTED LICENSE OPTIONS ADDRESS COMMON NEEDS.
A LICENSE IS A CONTRACT.
CONTRACTS ARE COOKING – SEASON TO TASTE.
IS YOUR USE LIMITED BY TYPE OF USES OR TIME?
IS YOUR USE SOLELY FOR “PITCHING?”
WHO REALLY NEEDS THE LICENSE?

19. 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

20. AVOIDING PROBLEMS

21. BE PROACTIVE
DEVELOP SOFTWARE USE GUIDELINES
PUBLISH THE GUIDELINES
MAKE THE GUIDELINES PART
OF THE EMPLOYEE HANDBOOK
CONDUCT A SURVEY OF WORKSTATIONS
IS SOFTWARE STORED ON SERVERS

22. WHAT DO I DO
IF I FIND
UNLICENSED SOFTWARE?

23. SEEK THE ADVICE OF
YOUR MANAGER
OR
IN-HOUSE COUNSEL