Even though we have access to multiple free fonts out there, many can be unauthorized and do not come with a proper license. So, what do you do? The easiest way to avoid any legal consequences is to snag a font license. However, having license isn’t just about playing by the rules. When you have the license, you get the green light to use someone else’s copyrighted font in a particular way.
All the licensing conditions related to fonts are given out in the End User Licensing Agreement, abbreviated as EULA about, which we will discuss in the coming sections.
It is important to go through the rules before using any font. Not doing so can get you into serious trouble. For you to use it in a better way, we have outlined all the important details in this post. Check it out and work on your projects seamlessly.
Table of Contents
- Definition of Font License
- Is Font And Typeface The Same?
- What Is EULA?
- Different Criteria under the License
- What’s The Ethical Part Of Font Licensing?
- Can We Use Fonts Without A License?
- What Are The Lawsuits One Can Face For Illegal Font Use?
- How To Avoid Problems Related To Font License Agreement?
- To Sum It Up
Definition of Font License
A font license is nothing but a ticket to use any font in a specific way. When you hold a license, it allows you to use a font without the fear of being sued over alleged font misuse. You can use it both for personal and commercial purpose.
Fonts are just like any other software where you are allowed to install the font, download it and use on your devices. And just like any other software, they are governed by licensing agreements. These outline the conditions in which the fonts can be used, ensuring everyone is abiding by the rules and respecting the font creator’s rights.
Is Font And Typeface The Same?
Both terms, font or typeface, are used in place of one another, but little do people know that they have different meanings.
In simple terms, a typeface can be defined as a font family that have specific features, both technical and aesthetic. In contrast, a font is technically a subset of characters with a specific style, weight, and size.
The typeface, on the one hand, is a set of characters such as symbols, numbers, and letters. These share a constant design. On the other hand, fonts on your computer are in the form of files or font software that indicates to the computer how a character should be displayed in a particular way.
While scrolling through fonts in Microsoft Word, you may have come across Arial font type. Arial, here is a typeface. Arial Black, Arial Narrow, and Arial Rounded MT Bold are the different fonts under this.
What Is EULA?
You might’ve seen this term EULA in the previous paragraphs and must be wondering what it is.
End-User License Agreement includes all the different licenses available to access and use a font. It also states the conditions, limits, and the necessary rules and regulations you and your clients should follow while working with the chosen fonts. When you buy or download a font mentioned in the EULA, you agree to the terms given in the contract.
EULA is divided into two types:
Standard End-User License- This type is best for small teams, bigger enterprises, and a single person. You can usually get it issued when you buy a font individually. These are mainly predefined and can be employed for different font uses.
Custom End- User License- Custom End-User License, on the other hand, caters to a large number of users, which can also be unlimited. This license satisfies the particular inquiries of companies. It also includes licenses for the creation of applications, videos, transferable rights, and much more.
The pricing of this license varies according to the tailored needs of the users or a company. For this, a professional consultation is scheduled where one can negotiate the prices with the font owner and then acquire the license once the deal is done.
Different Criteria under the License
We’ve already covered the different types of licenses you can use in one of our blogs, which you can check out. Those are to give a basic idea. Here are additional forms of licensing along with different criteria you should know.
Users
These types of desktop licenses are generally sold according to the number of users using the font on a desktop. The benefit of buying this type of license is that you may get heavy discounts based on the number of users you add to the license. Let’s say the license cost for one user is $34. When you add one more user, you can get it for $40. This way, the more users you add, the more discount you can avail.
Number of Devices
Just like there’s a license based on the number of users, there are licenses based on the number of devices as well. When you buy a license under this category, your font usage will be limited only to the number of devices you mentioned. Let’s say you buy it for two devices. You can use the font on only those two devices, along with a backup copy on one device.
However, there are also unlimited font licenses where you can install the font on unlimited devices. But you have to ensure you are not exceeding the number of users you’ve purchased it for.
Location
Some agreements require users to buy separate licenses for different locations where your business is situated. Here, you can buy a license according to the desired number of users and devices for one particular location and a different one for another location.
Impressions
Apart from the number of users, devices, and location, there are licenses that restrict the number of print runs you can make with the font. For instance, by purchasing a license under this condition, you will only be limited to 2000 flyers. If you wish to create additional impressions, you can always upgrade the license if the option is available. Many times, you also get an option to create unlimited print runs and static images with the bought font.
Third-Party Restrictions
When you purchase a font, check its license for any restrictions. The restrictions are usually mentioned to prevent the font files from any unauthorized or pirated use. While some licenses completely disallow the share of font files with others, some allow them to be sent to print the designs as long as you don’t store the original copies. This means have you have to delete them after the project ends.
Alphabet Products for Selling Purpose
Most EULAs do not approve of creating an alphabet suitable for commercial use or resale. This means that the fonts are seen as a main selling product. Examples are magnets, stickers, stamps, etc.
Every character in these items is in a particular form. While licenses for these cannot be obtained through publicly available EULA, you can check with font owners for custom licenses in this case.
Embedding
According to EULA, it is restricted to embed font files as EULA is all about protecting the fonts from any unauthorized use. When creating a PDF, you are embedding the font files. While some contracts completely restrict it, some allow you to upgrade your license. In cases where the PDF is non-editable, you can embed the font files.
Logos
EULAs can get pretty picky about turning a typeface into a logo. Some might say it’s okay to outline the font by turning it into a fancy drawing, while others won’t let you use a single character as a logo, especially as a symbol. And then some just don’t approve of making logos from the font. But don’t worry, as some EULAs offer upgrades in the license for a logo. You just have to watch out for any rules about tweaking the letter shapes, and you can show off your creativity.
Pageviews or domains
With web font EULAs, you can often buy them based on the number of pageviews per month, and you get to use them across multiple domains as long as those domains belong to the same person or company.
The price per pageview can be all over the place depending on the font foundry, but they usually offer different levels, so you can level up when you need more. Plus, you also get a three-month grace period when you don’t need to rush into an upgrade.
Some EULAs might also offer unlimited pageviews, but they’ll ask for a separate license for each domain where you want to install the font.
Formats
There are different file formats you can use the fonts on with the license you purchase. WOFF and WOFF2 files are the ones that are provided with a webfont license. Sometimes, you can also get SVG and EOT file formats. However, some agreements restrict the use of fonts in formats such as TTF and OTF. It’s best for designers to work with the developers and see that they are not using any of these formats.
ePub License
If you are looking for fonts to use digitally, you can get your hands on an ePub license. Using this, you can embed a font in your digital magazine, ePub, or ebook. You may get limited use for embedding the titles; however, you can employ the license on multiple platforms like Kindle, iTunes, etc. The case is different for digital magazines, as the use of fonts is counted as a different title for different issue. So, you might want to get a new license for each issue.
Custom License
If there are any fonts that you cannot find publicly under the common license types, you can always contact the font owners such as TypeType for a custom font license. Foundries and font owners will make sure that the fonts you are the exact design you are looking for with proper licensing for your specific use.
Perpetual vs Subscription
Finally, we have perpetual vs subscription licenses. In a perpetual license, you can make use of the font files for your desired purpose for an indefinite period of time. On the other hand, subscription licenses will ask you to pay for the font either on a monthly or yearly basis to use it.
It is usually difficult to find which licenses are perpetual and subscription. But the most common type of perpetual license is a desktop one.
Web licenses, on the other hand, can be both. The best way to look at it is by checking the agreement while purchasing and seeing if it has month limits or other limitations. If this is the case, you’ll only have to pay for that agreement according to the time given. This is also applicable to mobile app licenses.
You can get server font licenses and custom licenses on a subscription basis, but sometimes, they are also offered as perpetual.
What’s The Ethical Part Of Font Licensing?
Similarly, if you’re an expert in your field and you dedicate your time and skills to complete a job, you expect fair compensation, right? Designers are no different. When they create fonts or typefaces, they are producing intellectual property, which is their form of art. And, when you license a font, you’re essentially compensating these designers for their artistic efforts.
Like any other artist, they deserve to be paid for their intellectual property. This payment helps them provide for their families, pay their bills, and pursue their passion for creating beautiful and functional fonts.
Many people use them without knowing the rules of font, not reading the agreement thoroughly, not understanding what the license states, or they simply don’t know about font licensing.
The legal part that comes as a consequence, hence, becomes a total buzzkill when you have already decided to use the specific font for your project.
The industry now is, however, changing and getting better at using plain language in these contracts so even a layperson can understand the consequential aspects. Even though every font license might still be a bit unique, there are some everyday things you can keep an eye out for, which makes understanding and following the license a whole lot easier.
Can We Use Fonts Without A License?
The simple answer to this is no! You cannot use fonts without a license because by doing so, you can be held civilly responsible and be sued by the copyright owner.
But it doesn’t stop with you; your client can also be sued. So, you are not just putting your reputation at risk but also your client’s.
There have been instances when companies have threatened with lawsuits, fines, or flatly sued those who have used their fonts without a license. Therefore, it is always best to not do it.
Let’s take an example: you worked on a commercial project, and someone figured out that there is a copyright infringement regarding the fonts you’ve used. If this happens, you can be sued for using fonts commercially. So what will happen?
- Firstly, you’ll receive a cease-and-desist letter to settle the issue with a huge sum of money.
- If you decide not to pay, you’ll then have to run around the court with a lawyer to fight the case for you.
- There are high chances that you will lose the case and have to pay more than the initial amount proposed during the settlement.
What Are The Lawsuits One Can Face For Illegal Font Use?
If you were thinking, who could have used fonts without a license? Well, here they are! These are some examples of individuals and companies who were found using fonts illegally without a license.
- Font Bureau, a type foundry, sued NBCUniversal in 2009 for $2 million, stating that they used the fonts outside the limits of the conditions mentioned in the license.
- In 2011, NBC Universal was accused of stealing Harry Potter font. The case was settled outside the court.
- Microsoft was sued for including fonts in its suite without licensing for $1.5 million in 2013.
- Hasbro was sued in 2016 by the font owner of “My Little Pony” for not buying a special license and alleged font misuse – BBC News. Font Brothers asked for $150,000 for every violation. (Font Bros Vs. Hasbro)
- Universal Music was sued by the font maker HypeForType for $1.25 million and destruction of infringing materials in 2017. Universal Music has employed two fonts, “Nanami Rounded and Ebisu Bold,” in their logo without a license. (HypeForType Vs. Universal Music Group)
How To Avoid Problems Related To Font License Agreement?
Now, what’s the best way to avoid any lawsuits being filed against you?
- First, don’t assume that the font you are using has a license. It is always best to check whether or not it has one.
- If possible, try to add license-checking work to your design routine. To check that, just run a simple Google search by entering the font name, and you’ll be able to see all the details.
- Whatever lettering you are planning to go ahead with, check if all have appropriate licensing.
- Go through EULA guidelines and understand what it has to say.
- Whether legal or technical, if you need any help, ask for it from experienced folks.
- For the final decision, always connect with a lawyer or a font owner who knows font licensing. Don’t trust anyone’s decisions that are not knowledgeable in this area.
To Sum It Up
Now that you have gone through all the aspects of font licensing, you know why it is important. It is always best to check for the licenses before you get on with a project for the safety of you and your client.
All in all, it is easy to understand that this particular licensing isn’t just about the rules and regulations of using a font. It’s more about respecting the creative work of font designers. No artists who earn through their artwork want to be under-compensated or not acknowledged for their work.
By understanding and following the rules of the licenses, we can support the artistry and livelihoods of these creators and save our reputation as designers and clients. So, next time you choose a font, remember the ethics behind it.
FAQ
Do fonts have a copyright?
Yes, fonts have copyright as long as it’s a computer program or software. However, the typefaces are not protected by copyright laws.
What are the ethical issues in font licensing?
Since fonts are physically made by human hands, the font creators are supposed to get their share of the compensation. If you plan to use fonts without a license or through a third-party platform where you are not paying for them, the creators will not receive compensation for their art. This won’t be ethical in the design industry and will not be fair for the artist’s work.
What to do if I accidentally violate EULA conditions?
Whether you’ve used the fonts without a license knowingly or unknowingly, you still have to face legal consequences. You will be sued for alleged font use and will have to pay huge compensation for the intellectual property damage. You can settle the case outside the court or fight for it, the chances for which are pretty low. So, it’s better always to check the licenses to avoid any future trouble.
