My associate and I were recently called upon to design a new set of identity for a property and retail project , which covers a new logo and logotype, as well as a series of A&P materials. After we studied the problems we arrived at the conclusion that the solution to this project is a new family of display fonts, which would empower the new identity with strong and unique characteristics.
The brief did not specifically required us to design a customized font but client likes our idea of designing the new fonts. We have shown them the first draft and they loved it, and they agreed the fonts do solve their problems.
Now, the challenge we are facing is this: We need to pen it down in B&W on our contract to the client, telling them that since their brief and budget did not cover the exclusive right over the fonts, we therefore as designers and creators of the fonts own the exclusive right over the fonts. In another word we have the freedom to do whatever we like with the font in future and the client has no say over this. They cannot complain nor take any legal action against us if they happen to see the fonts being used in other projects in future, or that the fonts being released on a foundry and worse still, someone bought it and ended up using it on one of their competitors.
Our problem now is how to term this in a short and precise language (in English of course) at the same time appears to be professional and legally sound, not too lengthy nor amateurish. We have no problem explaining this to them verbally and they can understand that, but we still need a B&W on the contract.
Ok, I know what some of you are thinking: "why don't you go to your lawyer instead?" Yes, we can, but we prefer that to be the last resort, mainly due to budget constrain. Most lawyers in this country don't understand the business of font design, they would end up spending hours listening and researching (and we have to pay for that). On top of that, they might not get it right in the end and meetings would have to be called for and many rounds of revisions have to be done... all in all, it would cost us a bomb!
Can any of you who have had similar experience and kind enough just to give us some ideas so that we can kick start on this? (meanwhile we are also googling and searching for some samples/templates available on line)