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    Commercial use of font ... futile to open communications?
    nymphontexternal link
    Jun 24th, 2009 / quote / 70.189.*.9*
    uploaded image
    This was The promotional graphic sent by Aeropostale (https://blnts.com/pages/aeropostale-canada) 05/21/09 designed for their week-long Memorial Weekend Sale...

    I don't recall getting an email from them and this font (lt chickenhawk) has always been designated "free for personal use"

    Of course I will be blogging this up (PR you know, PR :P), but umm, should I contact them or am I just kidding myself?

    **Sorry I always come to you guys w/ my font/type questions. I choose this site over What the Font any day, thanks for letting me hang out here :)
    site moderator alex
    Jun 24th, 2009 / quote / 24.141.*.1*
    I would definitely contact them and tell them that they owe you since the font is not free for commercial use.

    If your commercial fees are based on per-case basis, charge on the high end for not contacting you prior to publishing it.

    But then again, I don't know much about selling fonts and enforcing copyrights. From business perspective you seem to have a very good case.

    They will probably direct you to some design company that did the graphic for them. IMO, somebody has to be held responsible...
    nymphontexternal link
    Jun 24th, 2009 / quote / 70.189.*.9*
    Thanks, I too felt I should contact them, and that I did indeed have grounds to contact them. I really appreciate your advice, I am not very experienced in this realm at all.

    I don't usually implement fees strictly on a case by case basis, as most are purchased by small companies or independent designers, but with the few "larger" companies to whom I have sold a commercial license, there was an amount agreed upon.

    Which, by the way, I think might be an acceptable amount to charge for this instance, should I be lucky enough to do so!

    Provided [or is it providing?] they don't give me too much of "the runaround," it shouldn't be that difficult to get in contact with someone directly responsible or capable of handling this.

    I suppose I will get some emails ready and go about contacting them.

    Any more advice & suggestions on this topic are welcome!

    Thanks again,
    ~Lauren
    site moderator neogrey
    Jun 25th, 2009 / quote / 87.97.*.2*
    I've had the same experience with the production team of REPO: The Genetic Opera movie (http://www.repo-opera.com/). They used my Red October for the official movie website, without asking. While they used other fonts for trailers, my typeface is all over the official website plus some merchandise. When they finally replied with this:

    "Listen, I don't create the posters, so I have no clue which font's they use. (it's a team of people in Canada - and Atlanta). But that being said, I looked on your site, and RED OCTOBER sure looks like some of the REPO stuff, but I think we have numerous fonts that are used. All in that Russian propaganda style.

    But I do love the look of this propaganda stuff, and I do love your font RED OCTOBER.

    Would you be up for doing an interview on the REPO SITE? We have thousands of users, a lot of those people graphic designers, and I am sure it would get you a lot of press?

    Also, I would love to include you in our special thanks on the website. Do you have a bio?

    Again, no one intentionally took or used your font. If it was done, it was an oversight. I am not sure if you have heard the REPO story, (what we went through to get the movie made) but it was a miracle it was even released.

    That being said, lets get you some credit and press! "

    I'm not greedy or something, so I just wanted to make a statement here. Your case is slightly different - I remember that Aeropostale wasn't the cheapest brand in the States, so they should be able to pay for it. The people who asked me about using my typefaces for commercial purposes so far mentioned which is the client - often small companies, which is good - this way you know what's the whole deal. You definitely have to ask for something in return...of course, a lawsuit would be an overkill for you. Throw them a line and see what they will answer.

    good luck....
    nymphontexternal link
    Jun 25th, 2009 / quote / 68.96.*.1*
    Oh thank you, the experience and outcome of another in a similar situation is much appreciated and gives me something to refer to/go on :).

    I do remembered discussing the use of your font on the Repo Opera site and other materials, I did not however, understand that your font had been used without your consent initially.

    Though the outcome in the end was quite positive after contacting the site, the whole "Listen, I don't know... I have no clue which font's they use..." sorf-of-response is precisley what I am dreading.

    I am afraid a franchchise such as aeropostale could squash me just with that! I pretty much expect to be given the brush off if not dismissed entirely.

    I entirely agree that aeropostale *should* be able to afford compensating a font designer for the use of their font. Surely they compensated the designer they commissioned to make the graphic that uses it. (Hey, they can hire me to do that too, half-price, I promise! )

    All kidding aside, I am certainly expecting the worst, but hoping for the best.


    Without further adieu, I am off to aeropostale to hopefuly start communications....
    site moderator koeiekat
    Jun 25th, 2009 / quote / 81.39.*.1*
    I agree with Ivan, throw them a line and see that they come up with. In the mean time read art.4 of their Terms and Conditions. Food for thought ...
    nymphontexternal link
    Jun 25th, 2009 / quote / 68.227.*.8*
    @KK oh you know I already have. :P

    I will keep you guys informed for sure.
    nymphontexternal link
    Jun 25th, 2009 / quote / 68.227.*.8*
    SCHWING! {Wayne's World Style)

    That was fast. Just got this email


    Hi Lauren,

    My name is Shanna Busman and I’m the VP, Creative Director here at Aéropostale. An email that you sent from our website was forwarded to me this afternoon regarding our use of the font LT Chickenhawk. I usually make a donation of $xxx for the fonts we use and would be happy to make payment immediately through PayPal- please call me tomorrow on xxx-xxx-xxx or email me to let me know if this works for you.

    Thanks!
    Shanna


    ---That will do just fine Mrs. Busman. Thanks all for your help :) :)
    site moderator alex
    Jun 25th, 2009 / quote / 24.141.*.1*
    Triple digits eh? Cha-ching!
    nymphontexternal link
    Jun 26th, 2009 / quote / 68.227.*.8*
    I was pleasantly suprised not to have more "red-tape" before coming to this :) and was happy with the offer.

    Still, I know better than to get used to this sort of thing. The dafont download stats are well above 200,000 for lt chickenhawk alone, while commercial licenses purchased/donations made for *all of my fonts* *anywhere*, still have not even broken the double-digit mark. I gotta keep it real you know! :P

    (and by "broken" I mean entered triple-digits btw)

    Thanks again to everyone for all of your advice.

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