TL;DR:
Learn from SoGather’s experience.
Gain a basic understanding of font licensing and best practices to handle intellectual property challenges.
Avoid the pitfalls of font licensing that many freelancers and small business owners face.
Introduction
SoGather was founded in 2022 to support freelancers, solopreneurs, and side-hustlers on their entrepreneurial journeys. However, we quickly learned that good intentions aren't enough to combat piracy sites and copyright infringement.
Why Font Licensing Matters
Font licensing might seem like a minor business consideration, but it's surprisingly easy for solopreneurs to get into trouble. Here is the bare minimum knowledge we think will be helpful to you when developing your brand and marketing materials.
Unlicensed font use can lead to:
- Costly lawsuits and fines
- Damage to your reputation
- Business disruptions, like having your website taken down
Common Causes of Unlicensed Font Use:
- Human Error: Lack of awareness about licensing terms and restrictions.
- Assumptions about Free Fonts: Misunderstanding and misusing so-called "free" fonts.
- Cost-Cutting Measures: Prioritizing savings over proper licensing.
Font Licensing Trolls:
- Targeting Small Businesses: Some shady companies exploit small businesses by letting them use unlicensed fonts, then hitting them with lawsuits.
- Pirated Fonts: Easily accessible pirated fonts mislead users into illegal usage.
- Revenue from Litigation: These trolls often prefer litigation over removing illegal font download sites.
Lack of Resources:
- Inadequate Legal Expertise: Small businesses often don't have the time, legal knowledge, or funds to track font licenses properly.
SoGather’s Font Infringement Experience
Our branding volunteer mistakenly downloaded a free font from a spoofed website that looked like a legitimate one.
- Legitimate Site: dafont.com
- Spoofed Site: dafontfile.org
We used this font on our revamped website, launched in December 2023. Within two months, the font owner contacted us about the unlicensed use. Fortunately, their representative was professional and requested that we purchase the necessary licenses to cover past and future font use, rather than threatening a lawsuit.
To make the right business decision for SoGather, we assessed the situation from both parties' perspectives which included:
Continued Use: Required a perpetual budget for different types of licensing fees to maintain the brand font.
Limited Funds: We would not be able to optimise our budget should we accede to the requested backdated and future fees.
No Revenue Impact: Our site was not generating revenue at the time.
Honest Mistake: We were unaware the font site was illegitimate.
Community Values: We wanted to support type designers by rectifying our mistake.
Volunteer Support: We had help available to change the fonts.
Additionally, while gathering the facts to make our case, we read the licensing agreements from the font foundry including the EULA to better understand the font owner's rights and our implicit and explicit obligations as the font user.
Outcome:
We proposed several options to the font owner which were mostly rejected. While our strongest defence was that the font owner should go after illegitimate websites instead of mislead users, we knew that it still fell in a grey area. Discussions persisted for over a month until the font owner finally agreed to waive the fee for backdated use as long as we stopped using the font. This was a relief, as most cases end with a financial settlement.
Tips for Dealing with Font Licensing Issues
If you face a similar problem, here are some useful tips from our experience:
1. Be Responsible:
- Acknowledge the mistake.
- Understand that font owners are protecting their rights.
2. Don't Ignore the Issue:
- Avoid ghosting or changing emails; it could escalate the problem.
- Offer restitution, but be prepared for different outcomes.
3. Show Respect for Creative Rights:
- Share your experience to raise awareness and support designers.
4. Cooperate if You Can't Pay:
- Be patient and courteous.
- Offer to expedite the process through a call.
- Explain the situation and your corrective actions.
5. Request Goodwill:
- Ask for a waiver or a discount.
- Seek their help in ensuring your site is free of the unlicensed font.
Some "Good (Enough)" Practices for Font License Management
1. Create a Font Inventory:
- List all fonts and their sources.
- Keep copies of purchase receipts and license agreements.
2. Understand License Terms:
- Read and understand the agreements for all fonts.
3. Use Trusted Sources:
- Download fonts from reputable sites.
- Use AI tools to verify font ownership.
4. Regularly Review Licenses:
- Ensure compliance and update your inventory with new fonts.
5. Implement Font Management Software:
- Organize and track licenses efficiently.
6. Educate Your Team:
- Inform your team about the importance of using licensed fonts.
7. Set a Font Usage Policy:
- Create guidelines for font use and acquisition.
8. Audit Your Fonts Periodically:
- Ensure all fonts are properly licensed and remove unlicensed ones.
9. Budget for Font Licenses:
- Allocate funds for purchasing necessary licenses.
10. Check for Free and Legal Alternatives:
- Explore resources like Google Fonts for cost-effective options.
11. Stay Informed About Licensing Changes:
- Keep up-to-date with changes in font licensing laws.
12. Consult a Legal Professional if Needed:
- Seek legal advice to ensure compliance.
By following these practices, solopreneurs and small business owners can manage font licenses effectively, avoid legal issues, and support ethical practices in the design industry.
Conclusion
Our experience with font licensing taught us valuable lessons about responsible business practices. Even with limited resources, SoGather remains committed to respecting and championing creative copyrights. We now use Google Fonts's open source fonts, and we encourage others to join us in raising awareness about responsible business practices.
Share this post to help spread the word about responsible font usage and support the design community.
If you are looking for a supportive tribe to support you on your solopreneuring, freelancing and entrepreneurial journey; or if you want to contribute to your fellow Solos to share your Solo experiences and challenges, you may want to register your interest to join our Gather support meetings. Go Solo, Together!
Our appreciation to creators, contributors and owners of the following knowledge sources:
- Monotype
- Extensis
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