Don't Make This $10,000 Mistake!

The vast interwebs are brimming with free fonts. While it seems almost unimaginable that we would still need to worry about a little thing like font licensing, we do.

Font licensing might not always be top-of-mind for marketers, but it's a critical legal and ethical consideration in our work. Simply put, fonts, like any other creative work, are intellectual property. Their usage is governed by licenses provided by their creators or foundries. Obtaining proper font licenses is not just a legal obligation; it ensures we support and respect the designers who dedicate their skills to creating these artistic assets.

In the early days of digital computing, fonts cost hundreds, even thousands of dollars for a single typeface and were considered a significant investment for a professional agency. An agency might have had only 15 fonts in their entire library to work with. They were that precious. Now there are fonts literally everywhere, spilling out from free sites onto your computer in droves.

As marketing professionals, we understand the power of visual communication. Fonts play a crucial role in shaping the personality and message of our materials. The wide availability of font options might have lulled us into laxness over license agreements.

I am here with a call to action: 

Font licensing is serious. All professionals in this industry need to pay special attention. Today, I will give you a little rundown on font licensing to help you protect yourself and your clients, avoid any legal complications and financial penalties.

Example Scenario:

A design agency presents design options for a brochure to a client. The client selects a design, the project is approved, the agency provides the final files to the printer and the client along with a copy of the font. This is a typical project flow. Except in this case, one year later, the client receives a notice of an impending civil suit for violation of the font software license agreement.

The license violations are as follows:

1. The agency used the font without a license (They got the font from an unknown source and did not purchase a license for their own use)

2. The agency distributed the font (They gave the font to the client who had no license)

3. The file was sent to a service bureau with the font (The printer had no license)

The above example was not just a case study. This was a real situation which happened at a firm that I knew well.

Understanding Font License Types

Font licenses are similar to software licenses and are generally a set of permissions and restrictions. Every foundry or creator will handle licenses a little differently. Here is a list of the items commonly covered in a license:

• Commercial versus personal use

• Use on websites or apps

• Fee structure for certain uses: Commercial use typically has additional fees. For websites and apps, there are often fee levels for the amount of traffic/hits.

• Number of users/devices permitted (e.g., frequently 1 user for personal use or 1-5 users for commercial use)

Free Fonts: Some fonts are available for free and can be used without any special licensing. However, even free fonts often come with specific terms of use. When you download a free font, there is almost always a document in the folder outlining the terms of use. Review this document before you install to ensure that you are complying with their conditions.

Paid Fonts: Premium fonts usually require purchasing a license from the font's creator or distributor. These licenses grant the right to use the font for specific purposes, such as personal or commercial projects. This is an important distinction. If you are using the project for business, you will need a commercial license, and this usually means an extra fee.

Open-Source Fonts: These fonts are released with licenses that allow modification and distribution. This is how Google fonts are licensed and why they are so widely used.

Web Fonts and App Licenses: Even if you have a commercial license for a font, different licensing is likely necessary for embedding fonts into websites or mobile applications. These licenses often have a fee structure for the amount of usage. Be sure that you look into your licensing for any specialty font used on a website, as the use online makes them very traceable.

Best Practices:

Keep the Documentation: Maintain clear documentation of all font licenses acquired. This includes receipts, license files, or any written agreements with font foundries.

Avoid Installing Unlicensed Fonts: Once installed, it is hard to know the provenance of a font. Rather than having to go back and research what the licensing is for a font, just resist the temptation to use unlicensed or pirated fonts at all.

Educate Team Members: Ensure all team members involved in design projects are aware of font licensing requirements. A collective understanding of font usage can prevent inadvertent license violations.

Do Not Share Fonts: It is very common for printers or clients to request copies of the fonts so that they can open the files without the fonts defaulting. Distributing fonts is in violation of most font license agreements.

Alternatives to sharing fonts if you need to provide live fonts:

• If using Adobe software, you can use Adobe Fonts, which can activate a live font for another active Adobe user.

• If using a professional design application like Adobe Illustrator, you can outline the fonts. This turns the type into vector artwork, so it no longer utilizes the font software that is licensed. This means that the text will no longer be editable for changes or corrections, so this is typically done at the very final stage of artwork and saved as a copy just for distribution to a printer.

• Require the end user to license the font for their organization. If the end user must have the font, have them purchase their own license.

• Companies like MyFonts.com allow you to purchase a license for another organization. They have a field at checkout to name the licensee.

Finding Reputable Font Sources

In the vast sea of fonts available, finding reputable sources is essential. Many font foundries and marketplaces offer fonts with clear licensing terms, making the selection process easier for marketing professionals. Some popular and trustworthy font sources include

Adobe Fonts - Professional typefaces available to all Adobe Creative Cloud users

Google Fonts - Free and Open Source, can be used on Websites

MyFonts - Professional, licensed fonts for sale

Be Smart and Support Creators by Respecting Font Licenses

In spite of the pervasiveness of fonts, licensing has not gone away and is still a concern for professional agencies, design firms, and marketing departments. With the internet free for all, perhaps more than ever, font houses feel the need to guard their intellectual property.

Font licensing might seem like an annoyance in the creative process, but it is a crucial responsibility for marketing professionals. By respecting font licenses, we not only adhere to legal obligations but also support the creative community and contribute to continued creative development.

You can download free fonts online, just be smart and read the license agreements. Many of the freebies do not allow for commercial use. It is not yesteryear; fonts are very affordable now. Pay for them now or potentially pay a lot more later.