Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
If I require each user to upload their own copy of the fonts, and I put the responsibility to review the End User License Agreement on the end user, have I protected myself from any legal issues?
Yes and no. You have protected yourself against the likelihood of successful litigation against your company because you are acting as nothing more than a conduit and your clients have signed off on that acknowledging this simple fact. However, that does not prevent you from getting sued...and even frivolous litigation can be expensive to defend. Anyone that sues will likely take a "shotgun" approach and sue everyone initially and then try to pair it down as the litigation moves forward.
That being the case, I still think you have done what it takes to prevent successful litigation. Purchase a good umbrella insurance policy for liability such as this and proceed forward.
By the way, I am a licensed IP attorney with over a dozen years experience.
Please rate my answer positively and best wishes going forward!
Just checking in on you to see if you have any other questions. I want you to be as comfortable as possible moving forward. Thanks
I think so...(sorry for the late reply by the way). You need to do your best to insulate yourself, as you have described, by throwing the liability back on the users of your service. You can also ad an indemnity clause to your contracts with your clients wherein you will be reimbursed for any liability that may occur as a result of a person's use of your service.
The indemnity clause can be very effective and it is a written acknowledgement by the user of your service that if you get hit with legal liability, they are on the hook for it.
Let me know if you have any other questions or comments. Please also rate my answer positively. Thanks!
Just checking on you to see if you had any additional questions. I want you to be as comfortable as possible as you move forward. Thanks!