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6 posts

Possible font use issue

28/05/2016 a las 03:05

I had a designer design my logo. I dont know how in the world to reach them now since I told them what happened, but someone is emailing me demanding $500 since its on our website. Two questions, the extent of the license of the font that we fond that matches when we download is the following:

"Really clear,

Use for selling = License
Personal = free"

I've been searching the forum and such and I see a lot of license fees posted that are usually $50 or less. They keep harassing us on our facebook page and I'm not sure what to do. Its just used as branding, we use it kind of like a tag on clothing, but its not that the logo is used for selling tshirts. Before the designer went MIA I told him about this and he said he traced it because its not just a font, its a vector added as well. Does anyone have any experience with this. I emailed the designer from a different email and asked what is there license fee and they wont give an answer. Its coming from a foreign country and we are in the US.

Editado el 28/05/2016 a las 04:45 por storm1204


01/06/2016 a las 00:30

If this logo of yours was traced — even from a copyrighted, patented, and/or trademarked typeface and/or font design then you are fine from a legal standpoint. Any traced version, even one that is visually identical would have its own unique digital signature. Someone would need to analyse the original vector file itself to see if the outlines matched this copyrighted work exactly to definitively know that if the rights of their work had been infringed upon or not. A raster image uploaded to Facebook simply does not provide anywhere near enough info to make that determination. What you are describing sounds like the attempts of a desperate scam artist, not a legitimate type foundry. If you hear from them again, tell them them email you from their foundry's official email address with proof of their ownership and claims, and how they made this impossible determination. As it probably is a scammer, you probably don't want to give them your main email address.

Editado 2 veces. Última edición el 06/06/2016 a las 07:36 por Praedonum


01/06/2016 a las 06:45



06/06/2016 a las 07:40

Maelle, what point are you trying to make, other than to illustrate a commercial use of a typeface? I see that you linked to a free font here at dafont, which I am not familiar with, but as I've said before elsewhere on this forum, free fonts don't always allow for commercial use: one would have to read the end-user license agreement or contact the typographer. Still, what does your post have to do with the question asked, or my answer? The OP has said that the design in question is a vector not a typeface.


06/06/2016 a las 09:23

Hello,
Sorry for my english hope you understand.
My art font is free for personal not for commercial and is clear in this case is commercial use on products...
If you look my art font and this logo is clear to is totally come from my art font not from the hand of designer, i'm sure about this
What is not correct ? designer Thief or me the creator ?
Peace


12/06/2016 a las 00:47

As the designer, as long as you include a license file forbidding commercial use, then of course you are right, they would have to follow the rules you set out. Most licenses begin by saying something like "by using this font you agree to these conditions..."

However, if someone prints your font out and traces it, then most courts would not take your side if you argued that tracing violates your copyright. Even if you wrote "no tracing or derivative works!" in the license, you couldn’t enforce that; because copyright doesn’t protect typefaces. It only protect fonts when they are trademarks registered as "software".

The only exception I know of is if you have a "design patent" which are extremely rare, only a few have ever been issued in history. You have to convince the courts that your logotype is not (only) a typeface but a patented image of your brand identity (like the Coca-Cola logo, for example) then you'd have to pay about 700 USD extra plus court fees) And the courts almost always deny all typography cases...as soon as they heard "Well, it IS a free font, however—" they would laugh you out the door before you could finish: "...but the license says 'no commercial use!'

I am not saying the system is fair. I'm on your side. But you should at least find SOME comfort in the fact that in the digital age typographers can copyright their fonts at all. Back in the letter-setting days, the supreme court said type is nothing but a collection of letters, necessary for printed language and communication and trademarks would hinder the freedom if the press. So every foundry copied each other, and that’s why there are a million versions of Garamond and Didot and all the classics.

Editado 3 veces. Última edición el 12/06/2016 a las 00:58 por Praedonum



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