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USE

OF
FONTS

Fonts are creative, intellectual property,


similar to designers’ creative work or to
proprietary business products. Since type
is so ubiquitous and fonts are so easy to
share among computer users, the legal
and moral issues of the simple process of
using a font are often overlooked.

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There are four good rules ■ Don’t lend or give fonts to Fonts are creative, You do not own a font.
that guide ethical practice others to use. Your friends, intellectual property. You license it for limited uses.
in font licensing: clients and colleagues need to Typefaces are collections of Fonts are not bought. The right
■ If you are using a font, whether acquire the rights to use them. letterforms. They endow written to reproduce them is licensed,
it’s on your computer or that When it comes to licensing communications with a style that and the license to use them states
of someone else, make sure you fonts, ethical practice makes ultimately reflects the character specific terms.
have a license to use the font. sense legally and financially. and style of the originator of
Violating the terms of a license the communication, whether a The right to use a font designed
■ If you want to use a font that is agreement puts the designer, corporation or an individual. by someone else is acquired from
not installed on your computer, the client and future business Typefaces are the result of extensive the foundry that created the font
you must either ensure that you relationships at risk. An ethical research, study and experimenta- and is granted in the form of an
or your employer has a license approach to font use and font tion, and for some designers, end-user license agreement, or
to install the font on your licenses is therefore both the creation of typefaces is a full- EULA. Some foundries will allow a
computer or else acquire a good business practice and time occupation. The training and supplier to administer the license
license to use it. good business. expertise required to develop a agreements for a font, but the
typeface qualifies the product as agreement itself is always between
■ If you have any questions about intellectual property and merits the licensee and the foundry that
your font license, contact the its protection under copyright law created the font.
foundry or supplier of the font. in many countries.
(If you do not know the foundry The terms of use described by an
or supplier, almost any foundry A font is the software that describes end-user license agreement vary
or supplier can help you identify the characters in a typeface. Digi- from foundry to foundry and may
the source.) tal fonts, like any software, are vary depending on the scope of
intellectual property and may be the desired use. Licenses usually
subject to federal copyright and grant permission for the licensee
trademark laws. to install a given font on a certain
number of computers. However,
For additional guidance on soft- licenses can also specify use on
ware use and management, you printers, periods of exclusivity for
can refer to the “Use of Software” custom typefaces and distribu-
chapter in this book, on page 54. tion rights. If you have questions
about what you may or may not do
with the font you are using, the
best thing to do is to contact the
foundry or supplier of the font.

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You need permission to alter You cannot share a font with You can embed a font in a file This is an issue of ethics,
a font for use in your design. someone who does not have his or to have it viewed or printed respect and law.
her own license to use it. by others.
Because the software that de- There are tangible and intangible
scribes a typeface is automatically Font software may not be given A font may only be sent with a job consequences of using a font
subject to copyright protection or loaned to anyone who does to a service bureau, consultant without a license. If caught using
upon its creation, any version of not also have a license to use it. or freelancer if the contractor has a font without the proper license,
the original font is considered a Therefore, misuse or unauthor- a license for the font or if the the user will have to purchase the
“derivative work” under copyright ized copying of a font that belongs license agreement makes provision correct license for the font and
law. The revision should not be to a client or your employer is for it. When necessary, it can in some cases pay damages to the
considered an authorized deriva- an infringement of the designer’s be acceptable for font data to be originating foundry. More im-
tive work because the adaptation rights and could subject you to embedded in file formats such as portantly, using a font without the
is derived from copyrighted legal action. EPS and PDF only for printing and proper license could prevent a
software. It cannot be used for previewing purposes, but not for professional designer from being
commercial purposes without When the client is the “end user” editing. However, embedding is fully compensated.
violating the copyright. of the license agreement, the not allowed by all foundries, so an
designer may not take the font additional license may need to It is the value of the intellectual
Some font licenses allow the with him or her when the project be purchased. property of a colleague that is
licensee to alter the characters is over, even though it may ultimately at stake in the licensing
in a font or to convert the font to mean another license must be of fonts. To purchase the proper
other formats. Other foundries purchased for the next job. license for a font, especially as
do not allow derivative works at all a practicing design professional,
without permission. Therefore, is to recognize the value of a
many designers, when asked to colleague’s work, to respect the
create a derivative work, have made practice of another designer and
it standard ethical practice to get to uphold the integrity of the
permission from the font designer design profession.
before altering any font data.

If you need to find out who de-


signed the font you want to alter,
you should contact the foundry
or font supplier.

44 45
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CREDITS

AIGA | the professional association for design Disclaimer: Legal information is not legal advice.
164 Fifth Avenue, New York, NY 10010 This publication provides information about the
212 807 1990 www.aiga.org law designed to help designers safely cope with
their own legal needs. But legal information is
PUBLISHER not the same as legal advice — the application
Richard Grefé, AIGA of law to an individual’s specific circumstances.
Although AIGA goes to great lengths to make sure
our information is accurate and useful, we rec-
EDITORIAL CONTENT
ommend that you consult a lawyer if you want
A Client’s Guide to Design:
professional assurance that our information, and
Joanne Stone and Lana Rigsby
your interpretation of it, is appropriate to your
particular situation.
Use of Fonts:
Allan Haley
Contributing editors: Sam Berlow, IN-KIND PAPER PARTNER

Matthew Carter, Jonathan Hoefler, Arctic Paper


Zusana Licko and Frank Martinez arcticpaper.com
Cover: Munken Polar, 300 g/m
Use of Illustration: Text: Munken Lynx, 130 g/m
Brad Holland and Tammy Shannon
PARTIAL IN-KIND PRINTING PARTNER
Use of Software: Blanchette Press
Business Software Alliance Richmond, BC, Canada
blanchettepress.com
Sales Tax:
Daniel Abraham and Marci Barbey DESIGN
Grant Design Collaborative, Atlanta
Guide to Copyright:
Tad Crawford
PHOTOGRAPHY
Jerry Burns, StudioBurns, Atlanta
Use of Photography:
Tad Crawford
FONTS

Standard Form of Agreement for Design Services: Interstate and Filosofia


Jim Faris and Shel Perkins
COPYRIGHT
© 2009 AIGA
First edition published in 2001.

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