Copyright Protected Font Software Programs

Did you know that using some fonts could cause copyright issues?

While many software programs to create certain fonts are open source/public domain, other such software programs are protected by copyright, sometimes requiring payment or crediting the original source/creator in order to use the fonts generated from the proprietary software commercially, or even preventing commercial use entirely. Semantically, the actual font or typeface may not be protected as a copyright; however, the computer code to create the font may be copyright protected. This still means trouble for designers, website owners, trademark logo creators, and others making content that includes a particular font.

Using fonts created from unlicensed software or exceeding the scope of the license could result in legal action. A typeface that is recreated (without the use of the copyrighted software) is generally considered to be an independent creation and not an infringement. More commonly, though, a designer, employee, or independent contractor downloads copyright protected software and uses a particular font without a careful, legal review of the associated end user license agreement (EULA) and the limitations placed on the end users. If a copyright owner can prove that its software was downloaded and the use of the font exceeded the scope of the EULA, the copyright holder would have a strong position to prevail against the user.

Before using a font for any kind of commercial use (including on a website, as part of a logo, on packaging, or in a social media post), make sure to review the relevant licensing terms in order to avoid allegations of copyright infringement and/or breach of contract. For more information, see the following: https://lnkd.in/efUEdwRR (sect. 906.4) and https://lnkd.in/eazCcKee (sect. 723).