Indemnity in EULAs

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miles newlyn's picture
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Joined: 28 Feb 2002 - 4:56am
Indemnity in EULAs
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Do any font licenses offer indemnity against costs incurred in the defense of a claim brought against the licensee by third parties alleging that licensee’s use of the font infringes intellectual property right or other rights?

Blank's picture
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Joined: 25 Sep 2006 - 2:15pm
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I don’t recall seeing font licenses that offer licensees indemnification against anything.

Tiffany Wardle's picture
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Joined: 13 Jul 2001 - 11:00am
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That would be a pretty frightening EULA if it does exist. I don't recall anything like that either.

Paul van der Laan's picture
Joined: 4 Mar 2007 - 8:56am
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That doesn’t make sense. A EULA is there to define what rights are reserved by the foundry, and what rights you will get by purchasing a license. The purchaser of the license is only liable for the rights that are transferred to him by the EULA and for all other rights the foundry is liable.

-Paul

miles newlyn's picture
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Joined: 28 Feb 2002 - 4:56am
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It is something that my licensees occasionally ask for.
They want to be sure that should a third party claim that there is an IP infringement,
they are covered for costs incurred in that scenario.

Blank's picture
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Joined: 25 Sep 2006 - 2:15pm
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It is something that my licensees occasionally ask for.

They are probably giving you boilerplate from contracts that they use for commissioned work, where indemnities are a common topic to be negotiated. Look up indemnification in the Graphic Artists Guild handbook for more information.

Some businesses have insane indemnification boilerplate in any contract with creatives because it’s cheaper to do that than to keep getting advice from legal. This is the kind of thing you should have an attorney negotiate for you and buy insurance to cover—and obviously don’t indemnify anyone won’t pay more than the cost of insurance!. Sure your licensees are not likely to be sued, but if some copyright crank goes after the wrong client and you signed a broadly worded contract you could end up in an ugly spot.