The Importance of Font Licensing for Creators and Business Owners

“He just highlighted ‘Avatar,’ clicked the dropdown menu, and then randomly selected Papyrus, like some thoughtless child.”

In the popular Saturday Night Live skit, Ryan Gosling plays a tormented graphic designer who, years after the blockbuster film Avatar‘s release, cannot get over the fact that the logo is just…Papyrus. What is arguably the second most hated font after Comic Sans.

I am sure many creatives can relate. Whether you are an artist, a marketing professional, or a business owner, you have likely spent countless hours perfecting your brand’s visual identity and styling your messages for maximum impact. Font selection plays a crucial role in this process, but many overlook the legal aspects of using fonts commercially. This article will explore the importance of font licensing, the risks of non-compliance, and how and when to navigate the licensing process.

Font vs. Typeface: Understanding the Difference

Before diving into the complexities of font licensing, it is crucial to understand the distinction between two commonly confused terms: font and typeface. This differentiation is not just a matter of semantics—it has important implications for how these elements are protected and licensed in the digital age.

The terms “font” and “typeface” are often used interchangeably, but they have distinct meanings:

• Typeface: The overall design of a set of characters. It is the artistic creation that defines the look and style of letters, numbers, and symbols. Examples include Arial, Times New Roman, and, yes, Papyrus.
• Font: A specific implementation of a typeface. It is the digital file that contains the typeface design and allows it to be displayed and used on computers. Fonts come in various weights, styles, and sizes (e.g., Papyrus Bold 12pt, Arial Italic 14pt).

In many countries, including the United States, typeface designs themselves are not protected by copyright. They are considered utilitarian and thus not eligible for copyright protection. The digital font files (fonts), however, are generally protected by copyright as computer software. And where there is copyright, there is the risk of infringement.

When Do You Need a License?

Typeface Use (Generally No License Required)

• Creating a design using licensed software like Word or Photoshop
• Hand-drawing or painting letters based on an existing typeface
• Creating a logo or design that uses the shape of letters from a typeface

Font Use (License Typically Required)

Here are just a few examples of uses where a font license would be required:

• Installing a new font on your computer or server
• Embedding fonts in a website (using @font-face in CSS, for example)
• Embedding fonts in a mobile application
• Distributing documents with embedded fonts (e.g., PDFs with non-standard fonts)
• Using fonts in commercial products like e-books, games, or software applications
• Modifying a font file or creating derivative fonts
• Using fonts in videos, TV shows, or movies (often requires special licensing)

Securing a License: Font Foundries and Marketplaces

Once you have established that your font use requires a license, there are a few different ways to go about securing the rights you need.

Font Foundries

The first step is to identify the font and its creator or distributor. The companies that create and distribute typefaces are known as foundries. Historically, before the advent of computer technology, a foundry would create metal or wood typefaces and molds for typesetting or printing presses. Today’s digital foundries distribute typefaces in the form of digitized fonts.

Foundry websites typically showcase and sell fonts created by that specific foundry. They often provide more detailed information about their typefaces, including the design process, intended uses, and sometimes more flexible licensing options.

Font Marketplaces

If you are still shopping around for the ideal font, you might consider browsing a font marketplace instead. These are online platforms that sell fonts from multiple type designers and foundries. They act as intermediaries between font creators and users. You may even find the same font available through different marketplaces for different prices or for different uses. Some well-known font marketplaces include: MyFonts, Adobe Fonts (formerly Typekit), Fontspring, YouWorkForThem, and Creative Market.

Once you have determined your specific font needs (e.g., number of users, types of use), you can purchase the appropriate license. As a best practice, always keep records of your license agreements and purchases, and at all times respect the terms of use outlined in the license.

Considering License Restrictions

Just like any other copyright license, a font license will set forth the scope and limitations of your use. Keep in mind that even when you are using system fonts, the  that come pre-installed in your computer operating system or with applications that you have purchased or licensed, there is an underlying end user license agreement that establishes how you can use those fonts. In most situations, system fonts do not require any additional licensing for personal or commercial use, but redistribution might still be restricted.

It is also important not to conflate fees and rights. Even “free fonts” or open-source fonts may still come with a license that restricts certain uses. Always check the terms and confirm your intended use complies, or the next font your read might be in the shape of a cease and desist letter threatening litigation.

A font license will come with specific terms that will feel familiar to anyone who has licensed software before. The license will establish how many computers or users are allowed to use the font; whether the font can be used for commercial projects, and how and if the fonts may be altered.

Best Practices for Font Management

Designers and type foundries invest significant time and resources into creating these digital assets. Licensing ensures they are fairly compensated for their work and protects users from legal issues. Using fonts without proper licensing can lead to severe consequences, including litigation, reputational damage, project delays, and financial losses. Imagine the frustration of launching a digital project only to then recall or destroy materials just because they contain an unlicensed font.

To keep your business protected:

• Educate your team about font licensing and use restrictions;
• Maintain an inventory of licensed fonts with their terms;
• Consider utilizing font management software to track licenses and ensure compliance, especially if your business requires licenses for a large number of fonts; and
• Budget for font licensing as part of your design and branding expenses

By prioritizing proper font licensing, you protect your business from legal risks, support the design community, and ensure the longevity of your brand’s visual identity. Remember that the cost of licensing is a small price to pay for peace of mind and professional integrity in your creative endeavors.

Review your current font usage and licensing agreements. If you are unsure about your compliance or need help navigating font licensing for your business, consider seeking professional advice. Your brand’s visual identity is worth protecting!