{"id":60375,"date":"2023-04-05T08:17:09","date_gmt":"2023-04-05T15:17:09","guid":{"rendered":"https:\/\/creativemarket.com\/blog\/?p=60375"},"modified":"2024-03-12T16:12:58","modified_gmt":"2024-03-12T23:12:58","slug":"past-use-font-licensing","status":"publish","type":"post","link":"https:\/\/creativemarket.com\/blog\/past-use-font-licensing","title":{"rendered":"Using Fonts Legally: How to Resolve Past Use Issues and Get Compliant"},"content":{"rendered":"\n

Font licensing is a crucial aspect of design and content creation, as it ensures that type designers receive fair compensation for their work. This article explores the concept of past use or retroactive font licensing<\/strong> and its potential legal implications, providing valuable insights for individuals and businesses to avoid unwanted consequences. As we explore the world of font licensing, we will look at various aspects, such as the different types of licenses, the importance of compliance, and how to address past font use issues. At Creative Market, we\u2019re doing our best to make font licensing clear and simple so you can power your high-priority projects with peace of mind.<\/p>\n\n\n\n

<\/span>Understanding font licensing<\/strong><\/span><\/h2>\n\n\n\n

The starting point for any discussion of font licensing is an often underlooked principle: fonts are software. <\/strong>They are designed and packaged by a third party that holds intellectual property rights over the code and is fairly compensated through licensing arrangements.  <\/p>\n\n\n\n

Fonts are considered software due to the way they are designed and created. Fonts are essentially digital files containing a set of glyphs, which are the individual characters, symbols, or letters of the typeface. These font files contain specific functionality instructions and codes that allow the font to be displayed and manipulated on computers, just like any other software.<\/p>\n\n\n\n

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Glyph tables for Sam Parrett’s La Luxes font duo<\/a>, available on Creative Market. OpenType font files contain detailed tables and constraints around kerning, glyph substitutions, and more advanced features<\/a>.<\/figcaption><\/figure>\n\n\n\n

Different types of licenses dictate how<\/em> this font software can be used and under what circumstances. For example, at Creative Market a desktop <\/strong>license<\/a> allows a specific font to be installed by a set number of users. These licensed fonts can then be applied in a wide range of projects like logo design, social media graphics, t-shirts, stationery, among many others. Desktop font licenses are built so that designers can install and use them in regular design software like Adobe Creative Cloud apps or document processors like Microsoft Word. At Creative Market, each user is allowed to upload licensed fonts to a cloud-based design application like Canva.<\/p>\n\n\n\n

A webfont license <\/strong>covers the font\u2019s appearance on websites owned or controlled by the Licensee with a pageview limit agreed upon at checkout. Per Creative Market terms, you may only use the Licensed webfont with the @font-face selector in your CSS files.<\/p>\n\n\n\n

App<\/strong> and e-pub licenses <\/strong>include permission to appear in one application and title, respectively. E-pub licenses are unique because apps like Adobe InDesign actually embed (non-extractable) fonts to facilitate the reading experience. App licenses cover non-extractable font embeds in desktop apps, games, and mobile apps.<\/p>\n\n\n\n

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Creative Market’s font licenses<\/a><\/figcaption><\/figure>\n\n\n\n

Enterprise licenses<\/strong> often cover specific additional usage scenarios not included in standard licenses, such as digital ads, OEM, software vendors, server use, and more. When using a new font in a project, it is essential to understand the scope of the license and any restrictions that may apply to avoid potential legal issues.<\/p>\n\n\n\n

<\/span>What is retroactive font licensing<\/strong><\/span><\/h2>\n\n\n\n

Legal consequences of using unlicensed commercial fonts can be severe, ranging from financial penalties to the removal of the infringing material. For example, NBC Universal was sued by Font Bureau<\/u><\/a> for using their sans serif Chalet font without proper licensing, resulting in a $3.5 million settlement. This case demonstrates the significant financial risks associated with font licensing non-compliance.<\/p>\n\n\n\n

<\/span>Resolving unlicensed font issues<\/strong><\/span><\/h2>\n\n\n\n

Obtaining a retroactive license<\/strong> for past font usage can help mitigate potential legal issues and demonstrate good faith in addressing past mistakes. For instance, a small business may have unknowingly used a licensed font on their website without obtaining the necessary permissions. By reaching out to the font’s creator or type foundry and securing a retroactive license, the business can avoid potential legal action and continue to use the font without fear of infringement. <\/p>\n\n\n\n

To negotiate a retroactive license, contact the font creator or foundry. If the font is available for licensing through Creative Market, we can help with outreach and negotiation<\/u><\/a>. In a hypothetical scenario, a small business owner discovers they have been using an unlicensed desktop font for their logo. They could approach the font’s creator, explain the situation, and request a retroactive license to continue using the font.<\/p>\n\n\n\n

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If a retroactive license cannot be obtained, consider replacing the font with a licensed alternative<\/u><\/a>. Although this may require redesigning your brand\u2019s typography, it can help mitigate potential legal repercussions and ensure future compliance.<\/p>\n\n\n\n

Always consult with legal counsel to assess potential liability and develop a strategy for addressing past font usage issues. A legal professional can provide guidance on the best course of action to minimize potential damages and protect your organization's interests.<\/em><\/code><\/pre>\n\n\n\n
<\/span>Tips to stay compliant with font licenses<\/strong><\/span><\/h2>\n\n\n\n
To avoid font licensing issues, it’s essential to source and use fonts from reputable providers<\/strong> like Creative Market. Here are some general guidelines to reduce liability around font usage:<\/p>\n\n\n\n
1. Always review the end user license agreement (EULA) of every font you license<\/strong> to ensure compliance with its usage restrictions. Even free fonts and Google Fonts contain EULAs (i.e. SIL Open Font License or OFL), so don\u2019t assume they are available for your specific use case. For example, a desktop license may require the purchase of additional licenses for specific applications, such as embedding the font in software or using it in e-books. They also typically require each user to have their own license, which we call \u201cseats\u201d in this marketplace. If you\u2019re unsure about Creative Market\u2019s font licensing options and what they cover, our Support team is here<\/u><\/a> to help. If you\u2019d like to get a custom license to fit unique commercial use cases, reach out to our Enterprise licensing specialists here<\/u><\/a>.<\/p>\n\n\n\n
2. Maintain accurate records<\/strong> of font licenses and usage can help prevent inadvertent infringements. For example, a graphic designer may unknowingly use a font that a colleague downloaded from an unlicensed source, leading to potential legal trouble. By keeping a centralized database of licensed fonts and their usage terms, a company can reduce the risk of non-compliance. Note that license types may vary across different font sites, so make sure you capture usage details according to what has been agreed. Monotype\u2019s MyFonts, for instance, offers a separate license for HTML 5 digital ads. At Creative Market, this use case can be included in your Enterprise license<\/a>. Here are some of the details you\u2019ll benefit from tracking if your team is using fonts for commercial purposes:<\/p>\n\n\n\n