Custom Typeface Licencing

Kyle Wayne Benson

So, I'm new to custom work, and might have made a mistake in an agreement I made early in a project. They wanted a typeface that would also be used in their logo. I usually work in logo design and am not concerned about licensing, so I had the client agree to a contract that detailed pricing by the hour but has this brief snippet on ownership. I just wanted them to agree to the payment schedule etc, and wanted to go over licensing (prices for exclusivity, short term exclusivity) later. What do you think of this language?

"When I receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that I create for you for this project. I will give you a copy of all files and you should store them safely as I am not required to keep them or provide any native source files that I used in making them. I own the fonts, textures, creative concepts and I license them to you for use on only this project."

It's a very large company, so if I got into legal trouble later, I'd be in a real bind (as a small, one man studio). Any thoughts are much appreciated.

James Puckett

You own the graphics and other visual elements that I create for you for this project.

IANAL, but that reads like a work-for-hire agreement to me. If that was not your intent you should discuss this with the client.

[Deleted User]

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George Thomas

You say you will give them a copy of _all_ files, then a few words later in the same sentence you say you are not required to provide any native source files you used in making the final design. This needs to be more specific because the way it is now, it is contradictory.

Consider this wording: "I will give you a copy of all final files. You should store copies of them safely as I do not keep copies of the final files. Original native source files that I used in creating the final files remain my property and copies of them will not be provided."

I know it may seem nit-picky, but lawyers make their living off those kind of mistakes.

Kyle Wayne Benson

Thanks, all, for your comments. I realize the old language is confusing in the context of fonts. It made okay sense with logos. I'm working on a new license agreement that will be specific, so I can avoid these problems.

@James Puckett, I think you're right about having a meeting with the company. Sometimes companies can get so big, I was worried that the designer I'm working with will say it's okay, while the big guy upstairs will disagree later. But you're right, I just need to work it out with them.