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Briefly about licensing tomorrow.type.today:

The online store tomorrow.type.today distributes licenses according to a new Package model. We treat and protect the font not only as a font file, but also as a container of unique designs. This model implies the scale of use of the font and any use for the following: print, web, app, video, social networks, TV and logos. Different packages include different rights. For example, the Minimum license package does not include the right to use fonts in logos and for TV — this would be in breach of restrictions — however, the rights to print, web, app, social networks and video are in each license package with a single restriction — scale. Together with the rights, the user receives the entire set of font files necessary for working with (otf, ttf, woff, woff2, eot). The scale, in turn, tends to reflect the scale or size of the user, (the quantity of permitted electronic devices — ie: the number of employees on whose computers the font will be installed, the number of web page views, the number of applications, the number of followers on social networks, and so on), and/or the scale of the project, if we are talking about limited, one-time use — for example in an advertising campaign.
  1. A design studio creates a logo containing font characters. Does this purchase require a special license for the designer and the client?

    Logo use is covered by the Medium and Large license packages.

  2. Having purchased a font, an independent contractor — in this case a designer — changes the outlines of the font glyphs (converted into vector) during the design process. Would a Desktop license allow this?

    Yes, we only forbid the alteration or modification of the font file.

  3. Let’s say a design studio has bought a desktop license for a font, developed packaging layout design, and submitted it to their client in vector. Does this require a license upgrade on the part of the client?

    There are various options. Let’s imagine that there are six designers working in a studio. The studio’s website is visited by less than 125,000 unique users, and the rest of the studio’s parameters fall within the range of authorized use for the Medium license package. Let's also imagine that the studio is interested in working with the font software for other projects in the future, and the client is a big brand, with a large number of employees, a popular website and a powerful social network presence. In this case, when the design studio delivers the project to the client, they will have to warn them about the need to purchase a license package, which in this example, will be Large. Another option: the design studio is not going to use the font in its work in the future — in this case, it can either transfer its license to the client (by notifying us in writing), followed by an update to the desired scale by the client. Another scenario is that they could ask the client to purchase a Large license package for use by or on behalf of them, and include the six designers in it.

  4. A design studio buys a desktop license for a font, develops the design of a slogan, and hands it over to their client in vector. The client intends to print this design on T-shirts, posters, use it on their site, on social networks and on static advertising banners on other sites. Does this require the purchase of licenses by the client — if so, which ones and in what quantity?

    There are a few options. Imagine that there are six designers in the studio, the studio’s website is visited by less than 125,000 unique users, and the rest of the studio’s parameters do not exceed the listed restrictions for the Medium license package. Let's also imagine that the studio is interested in working with the font on other projects in the future, and the client is a big brand, with a large number of employees, a popular website and powerful social network presence. In this case, when submitting the project to the client, the design studio will have to warn them about the need to purchase their own license package, which in this example will be Large. Another option: the design studio is not going to use the font in its work in the future - in this case, it can either transfer its license to the client (by notifying us in writing) with a subsequent update to the required scale by the customer, or ask the client to purchase a license upgrade, which in this case would be a Large license package, and include the six designers in it.

  5. If a design incorporates a font that was purchased from a distributor/foundry whose license does not restrict the distribution or circulation of the image of the font on various surfaces can other legal claims (on the part of the distributor/foundry) to this font use arise if they have this restriction?

    The tomorrow store protects the font — both as a font file and as a container of unique graphics. However, in the event of unavoidable license conflicts, a license allowing such use would take precedence. In other words, if a font license was purchased from another distributor under conditions permitting such use, then tomorrow.type.today and its copyright holders would not have any issues.

  6. Do all distributors/foundries have equal rights? For example, if a font was purchased from a reseller with a license that allows quite broad authorized uses under the basic desktop license, can the font author lodge complaints against the end user who purchased from this store if they themselves sell this font with a stricter end user license agreement?

    Yes, everyone is equal.

  7. A publisher ordered a cover from a designer in 2005 (before changes to the EULA rules by several of the sellers). The designer — an independent contractor — purchased a font license before they delivered the cover design to the publisher in vector. In 2019, the publisher decides to reprint the same book. Does this publisher need to purchase a license for the font used in this design?

    We have been around since 2016, and have never changed the terms of our licenses. But theoretically, if we wanted to do this, the answer to this question would be: all previously issued licenses would be viable and would not need to be updated.

  8. A German publisher orders a cover design for a book reprinted in Russian. The designer/ independent contractor has paid for the font license that they’ve used, and converted it into vector. If the publisher begins to distribute the book in Russia (or in another country where the font is protected not only as software, but also as a graphic work), would the copyright holders consider this to be a breach of authorized use? Could they restrict the circulation or distribution of media containing the image of the characters of this font?

    We distribute limited, simple (non-exclusive) licenses without territorial restrictions. The need to upgrade a license in connection with the entry into other countries’ markets would arise in regards to huge global brands. Territorial restrictions become important for these type of end users, as they determine the scale of use, since, for example, creating new models adapted to a specific market increases the number of employees and, therefore, installations of the font, plus there is an increase in the number of unique visitors per month to their sites.

  9. A clothing brand produces a T-shirt with the inscription LOVE, using a font that was purchased in accordance with the distributor/foundry’s requirements. An unrelated advertising agency takes a photo for a mobile operator ad, which shows a close-up of a young man in the same T-shirt. Can the distributor/foundry make claims for prohibited commercial use against the advertising agency or mobile operator?

    A clothing brand needs to acquire its own type font software license package that matches its scale. And then there are various options, including those depending on the scale of the use of the font in the design of the T-shirt. But there’s an important aspect here: if the T-shirt was created as advertising and the font is used, for example, for the mobile operator’s slogan with which this advertising campaign was made, then the licenses should be purchased by both the advertising agency and the mobile operator. The options depend on the font plans for each of the participants: these may be separate license packages, or one Large license package might make more sense.

  10. What makes lettering a logo?

    When the lettering is used as the basis of the brand, of its identity — as a repeating visual anchor with which the brand associates itself.

  11. A food brand labels some of its products with the inscription “Bio”, typed in the same font, in the same composition, on a green fill. Is this mark a logo?

    No.

  12. If a logo features a font that was purchased at a store with a license that doesn’t prohibit this type of commercial use, are there legal grounds for claims from other owners of this font, if their authorized commercial use for logos is restricted? If so, who would the complaint be addressed to — to the author of the logo (the copyright holder), or to the company for whom this logo was created?

    No there aren’t.

  13. A designer has created a logo and delivered a vector version to their client. The client intends to use it on their site and in a mobile application. The font used to make the logo is not overtly active in the design of this product in any other way. Who needs to purchase the font license/s here? Plus which licenses should be bought and how many of them?

    There are various options. A single designer (independent contractor) most likely requires a Medium font license package. But let’s imagine that they are interested in working with this font for other projects in the future, and the client is a big brand, with a large number of employees, a popular website and powerful social network presence. In this case, when the designer delivers the project to the client, they will have to warn them about the need to purchase a license package, which in this example will be Large. Another option: the designer is not going to use the font in their work in the future—- in this case, they can either transfer their license to the client (by notifying us in writing about it). Then they can also update the required scale for the client, or ask the client to pay for a Large license package upgrade, and include the designer in it.

  14. A designer (independent contractor) has paid for the font license for a specific project. At the end of the project, the designer does not intend to use the font. Can a designer transfer the rights to use a font to a client after the completion of the project?

    There are a range of options. One designer is likely to require a minimum package of licenses. Let’s imagine that they’re interested in working with the font on other projects in the future. And the client is a well-known brand, with a large number of employees, a popular website and powerful social network presence. In this case, when the designer delivers the project to the client, they need to be warned about the need to purchase a license package, which in this example would be Large. Another option: if the designer is not going to use the font for their work in the future , then they can either transfer their license to the client (by notifying us in writing about it), followed by an update to the required scale of the license on the part of the client, or ask the client to purchase a Large license package and to include the designer in it.

  15. A restaurant has bought a limited simple desktop font license. Later, the restaurant needs to slightly update their menu design, and engages a freelance designer. Does the designer making the new menu for this restaurant have the right to use the font under the same desktop license, provided that they destroy the font files after they finish work?

    Updates will be required only if the involvement of the new independent contractor somehow removes the restaurant from the scale of their existing paid license.

  16. Let’s take the example of a small internet startup. Three people work there, one of them is a designer. If only a web font license is purchased, does the designer have the right to use the .ttf font file to sketch layouts in Sketch or Photoshop, as well as create images in .jpg, .png, .gif formats to promote the product on social networks and on other sites?

    Each of our license packages includes all the necessary file formats and all the permissions to allow use everywhere. The only caveat is the scale of the license package, which is clearly described on our website.

  17. A company launches a site. A freelance designer (independent contractor) has created the interface layout using the Sketch program, and has given the layouts to a development bureau, where the layout designer has opened them in the Sketch program to look at point size and the indentation. The bureau and the designer are not legally connected either with each other or with the client’s company. In order to release the site how many licenses need to be bought, which licenses and by whom?

    In short, the possible options here are that each of the participants can theoretically buy licenses “with some wiggle room” and with their licenses will cover the entire development chain. We prefer that the client themselves be the licensee, but in practice, this is sometimes impossible and the design studio or a specific designer acts as a licensee. It’s important that the licensing covers both the number of installations on electronic devices and the total authorized scale of the font use by any of the participants.

  18. A small media firm releases a controversial article, which is suddenly read by significantly more people than usually visit their site in a month. Is it necessary in this case to update the license to reflect a larger number of visitors per month?

    We are interested in the average statistics for the last six months. The once-off peaks and dips described in this case would not affect the scale of the license.

  19. A small publisher buys a limited, simple desktop license. There are three people working for the publication: an editor, designer and layout designer. The designer and layout designer are not members of the publishing house and work remotely, i.e. they are independent contractors. Do they have to pay extra licenses?

    The publisher has to purchase a license package that reflects the scale of the font use.

  20. A design studio buys a desktop license, develops a slogan design, and converts it into vector. An animated clip for social networks was made from this file. Does this require a video license? If so, by whom — the design studio or the client for whom the video was made?

    Both video use and font use in social networks are included in each store's license package, it is just important to keep the required scale of the package in mind. Who should purchase a license package? There are a few options: One designer is likely to require a Minimum package of licenses. Imagine that designer is interested in working with the font on some other projects in the future. And the client is a well-known brand, with a large number of employees, a popular website and powerful social network presence. In this case, when the designer, hands the animated video over to the client, they will have to warn them about the need to purchase their own license package, which in this example will be Large. Another option: if the designer is not going to use the font in their work in the future, they can either transfer their license to the client (by notifying us in writing about it), followed by an update to the required scale of the commercial license on the part of the client, or ask the client to pay for their own Large package of licenses , and the designer can be included in it.

  21. A video blogger edits their episodes in AdobePremiere. They broadcast their shows exclusively on YouTube, which comes out once a month. What are the licensing terms for the font for captions in these videos?

    Video use is included in each package of store licenses, it is just important to pay attention to the authorized scale of the package.

  22. A designer creates a banner in Photoshop that contains a slogan typed in a font for which a limited, simple desktop license was purchased. After that, they put alternating colored fills under this font and record an animated banner in .gif format. Is a video license required? Who should buy the license, the designer or the client who ordered the banner?

    Use in video format is included in each of the store’s license packages, it is only important to observe the desired scale of the package. There are these options: A single designer is likely to require a Minimum package of licenses. Imagine that they are interested in working with the font for their other projects in the future. And the client is a well-known brand, with a large number of employees, a popular website and powerful social network presence. In this case, when the designer hands over the animated video to the customer, will have to warn them about the need to purchase his license package, which in this example will be Large. Another option: the designer is not going to use the font in their work in the future — in this case, they can either transfer their license to the client (by notifying us in writing about it), followed by updating to the required scale on behalf of the client, or ask the client to pay for a Large package of licenses and then include the designer in it.

  23. A designer creates film title designs in Photoshop using a font for which a limited, simple desktop license was purchased. They place a .png against a transparent background and send this file to post-production, where the editor inserts it into the film editing file in AdobePremiere. The film is bought by the distributor that is releasing it. Is a video license purchase required ? If so, who should buy this video license: the designer, the film production company, or the distributor?

    Video use is included in each package of store licenses, it is only important to adhere to the required scale of the package. The designer will need their own license, their own means of production, and their own distributor. The largest license will be required for the distributor, and this will be calculated according to the number of web and video views, the number of subscribers in social networks, etc. But if one of the participants (contractors) in this chain is not going to use the font in their future work, then they can transfer their license to the client, having notified us in writing about this. In turn, the client (in this example, a post-production studio or distributor) will have to upgrade the license to reflect the required scale. Either the designer or the production studio can ask the client who pays for the license package — the production studio or the distributor — to include them in it.

  24. A clothing brand produces a LOVE print T-shirt using a font that was paid for as required by the distributor/foundry. A popular singer stars in this video clip. No other font images appear in this clip. The singer shoots the clip with her own money. The clip is distributed on the Internet and on television. Does the distributor/foundry have any legal claims against the singer, the production company that made the video, or the TV channel that broadcasts it?

    The clothing brand needs to acquire its own license package that matches the scale of its use. It is important to remember that if the t-shirt is created as an advertising medium, and the font on it is, for example, a slogan and/or advertisement for this artist’s new album, she will have to purchase her own license package. Who should have these licenses? Here, too, there are options, depending on the font plans for each of the participants: these could be separate license packages for the production agency and the singer (her label), it could also be one large license package, for example, if the clip is produced by the TV channel itself.

  25. For example, a museum releases souvenir stickers for an exhibition: all the letters of the Russian alphabet are on separate stickers. All these letters are in the same font. Each sticker is sold separately. Does this require the purchase of a special license and who should buy it—- the designer who made the stickers, or the museum?

    Yes, this type of use would require the purchase of a separate license. Theoretically, we don’t mind who pays for this license, but it would be more appropriate if the museum does it, as it is the beneficiary of this merchandise.

  26. A souvenir manufacturer releases a candle in the shape of the Russian letter “Я” . This is the only product in the line that uses this font sign. Does the basic desktop license allow this use?

    Yes, it does.

  27. A clothing brand has released a series of T-shirts with the lowercase letters б, в, г, д, ж, и, й, л, м, н, т, у, ф, ц, ч, ш, щ, э, ю, я, — all typed in the same font. There is one large letter located on each shirt. Does a limited, simple desktop license allow this use?

    A license package relevant to the scale of use needs to be purchased.