Dealing with a foundry who fail with type selling agreement.

Miguel Hernandez's picture

Hi Typophiles,

Is there any way alternative to sue, to get any responses from a foundry who fail on an agreement, i mean, a kind of organization related to software/type ethic or legal?

I have a depression/frustration of 5 months without email responses or payments, and i am far from the country/state of the governed laws, so its hard to think about a legal way of help "in situ".

Any help is very important for me; sorry to the foundry to make this problem public, but 5 months forced me to find any chance of solution,

Best,

Miguel Hern

hrant's picture

The only thing that's worked for me (and not exceptionally well) is applying pressure via mutual acquaintances. Strictly a socio-moral angle, bypassing the legal crap that's meant to protect the rich - but I'm an old-fashioned kinda guy.

One thing though, be careful of the libel angle, if you make accusations that you can't prove in court - in case your adversary is that kind of person (but I don't think he is :-). The good news in this case is that you're not in the US.

hhp

dan_reynolds's picture

Well, I don't know what your situation is, but TypeRight (from their rhetoric, at least) might be able to help.

Also, if you and the other party are members of the ATypI, I believe that they still have an arbitration unit, which could handle your situation as well.

Unfortunately, whatever your situation is, a lawsuit is probably out of the question. In order to do that, you'd have to hire a lawyer in the respective foreign country, and pay the requisite legal fees :-(

hrant's picture

TypeRight is dead. And one of its founders is actually a fugitive from the realm of ethics.

ATypI Arbitration: these days most members (I mean among those who obsess about this sort of thing) prefer to just sue. Not really their fault though I guess - c'est l'air du temp.

hhp

Miguel Hernandez's picture

Thank you typophiles; here is a small part of the contract..

3. TIMING OF PAYMENTS. Payments due to the Publisher will be paid on the first business day after the 20th day of the month following the month of sale. All payments will be made in US dollars and mailed via first class mail. In the event that XX is more than 30 days behind the payments under this agreement, Publisher shall have the right to terminate this agreement immediately by giving XX written or electronic notice of such termination. In such event, the license granted XX shall terminate as of the date of such notice.

The only unfair thing that make me ungry is that this XX foundry is still making money form my work. A lawsuit is an imposible thing to do for me actually, and i am not interesed on fight with a situation like this, probably will be a waste of time, because it will be a money stuff. I am only a little confused about what to do now following the contract; i never tought that this will happen to me and maybe the better thing is to quit from the XX foundry as soon as posible via email (...and wait another 5 months..) and make my own e-commerce type place.

Thank for your feedback.

Best

mh

Si_Daniels's picture

It would seem that by not terminating earlier you've given these guys several months to exploit your work and keep 100% of the proceeds.

I'd suggest you send the termination letter, and take your fonts elsewhere.

I think the only leverage you have in getting the back-royalties would be the threat of publicizing the way you've been treated. But I'd certainly suggest you consult with a lawyer before doing that.

Si

hrant's picture

The contract is de facto terminated anyway.
Prompt de jure termination is a good idea,
but it's really a mere formality.

hhp

Miguel Hernandez's picture

Yikes !

The most embarasing/sad think about this is that, the XX Foundry contact me today (what a coincidence..), once this post in online...Its a shame.

I will never be enough thankful with typophile as a place of help because of the empathy.

Thanks again for your feedback, guys.

I will "finally" (i hope) terminate the contract today. I really apreciate the fact that moderators don

hrant's picture

"applying pressure via mutual acquaintances"

Heh heh. All 5455 of them.

hhp

Si_Daniels's picture

Absoultely. Best of luck Miguel!

Si

dezcom's picture

>..hands to work now, and wish me luck ; ) <

We all join hands with you as your online family to wish you our best.

ChrisL

hrant's picture

Dude, where's the candle?

hhp

hankzane's picture

It's a pity we never came to hear the name of that nice foundry

Miguel Hernandez's picture

To Mister "Empathy" : Please, answer.

mh.

hankzane's picture

Who are you talking to, Miguel?

mosh's picture

Miguel

¿De qué compañía se trata? Yo quiero empezar a vender fuentes, pero también ando sondeando antes de hacer trato con compañías. Si no quieres "quemar" a la empresa en el foro, puedes escribir a moshdesignerENyahoo.com.

Bert Vanderveen's picture

Hi Miguel,
As of today your fonts are (still?) for sale at Atomic Media. Are they your old vendor or a new one?
I'd like to know, before doing business with them...

Miguel Hernandez's picture

Hi Bert.

Gimme me your email to tell you more.

Best,

Miguel Hernández.

Miss Tiffany's picture

Miguel does your contract have any sort of loopholes?

Miss Tiffany's picture

If you can terminate your contract, I would do that, I think, if I were in your shoes. But then I would turn around and find a foundry that will uphold their end of the contract, add some alternates or some other value add to your fonts and start pounding the market with the fact that these are better versions. Is this possible Miguel?

Miss Tiffany's picture

Good Luck, Miguel!

Miss Tiffany's picture

You could always e-mail him offline to ask for that.

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