Font danger – is your website compliant?

First, some definitions.

Many people mistakenly refer to popular typefaces, such as Arial and Calibri, as fonts when they are in fact typefaces. The variations within these typefaces, such as the weights and sizes of the characters, are different fonts. Other font variations include bold, thin and italic.  

The main difference between fonts and typefaces is that a single typeface has many different font variations.

Naturally you’re proud of the website for your business. You even Googled and picked out from the digital ether a great font from some “free site” to promote your business online.

It looks great. But you can run into a lot of legal trouble with your bright shiny font.

Fonts are software programs and, like other software programs you have in your business, are protected by copyright law and their usage is regulated by licences that specify how they can be used.

Many business owners don’t realise they need to have a licence to use a font in their online marketing. Or even if they have a licence, they may not understand they are using the font outside the licence agreement.

For example, the licence may specify whether the font can be distributed, including whether the font files may be shared with others.

“Many business owners don’t realise they need to have a licence to use a font in their online marketing”

Some overseas companies have been caught out because their website was established some time ago and their font licence has either lapsed or needs to be updated to meet the business’s present operations.

Small business owners take note – if you buy a used laptop or computer with fonts already installed, these may not be "transferrable" to your new business so you could still face a claim of unauthorised and unlicensed font use.

And it’s not just illegal, it’s unethical.

A designer may have taken many hours or days to design a font and needs to licence it to have an income. Using an unlicensed font could be robbing them of a living.

There are what are called open source fonts, which are licensed so that anyone can use them anywhere and for any purpose, free of charge.

But be careful you are obtaining open source fonts from  a reputable business – there is a risk you are downloading programs or malware that could corrupt your business’s systems.

It could also be “typeface piracy” with pirate sites having libraries of fonts available for download which they don’t have the right to and you could find you’re open to legal action.

Even if legal, the open source font may have limited uses and may not be suitable for all your business needs.

So, what can you do to make sure your website has a legal and appropriate font? Here are simple steps to help:

Step 1 – Contact your web developer and work with them to ensure you are compliant.

Step 2 – Audit all fonts and reconcile them with their respective licences (noting licences specify the allowable use of the font) and ensure the fonts meet all your marketing requirements.

Step 3 – If your font is not licensed, work with your web developer to either licence it or replace it with an appropriate open source font.

“Font licensing is complex and misuse of fonts can lead to significant fees and possible legal action from licensors and font owners”

Font licensing is complex and misuse of fonts can lead to significant fees and possible legal action from licensors and font owners.

There are more and more cases overseas where businesses, including major companies, have incurred substantial legal costs for font misuse.

And it could become an issue for businesses in New Zealand in the future.

It’s vital you review your website sooner rather than later or possibly face legal troubles down the track.

Important note: this article contains general information which does not take into account your specific obligations, financial situation or needs. This article is not financial advice nor complete.