You see them every time you install a new product, those long documents presented in dense legalese, yes, it’s the End User License Agreement (or EULA pronounced “ewe-la”). Most of us don’t typically read them, and in many cases don’t really know to what we are agreeing when we click “Accept.” Of course, most of the time, if you use the product in the manner in which it was intended, you’re probably not going to get yourself into trouble.
Though, when you license a typeface, the ways in which you are allowed to use that typeface may be restricted in ways that are not immediately apparent. When purchasing fonts for multiple users, fonts are typically licensed on a per-user basis. This means if you have ten people in your office, and four of them will have access to and need to use the font for their job, you will need a four-user license.
Older license models may licensed fonts on a CPU or printer basis. This is from a time when fonts were commonly installed into different hardware devices, and the end user was not of great concern.
So, most of us know that it’s as wrong to give your friend a copy of Adobe Photoshop, yet often that same individual would have no qualms about giving a copy of a font. While you don’t have to enter a serial number to use a font, it’s important to understand that fonts are also pieces of software, and should never be shared.
So you ask, “Does this mean that you can transfer the fonts to my printer to complete a job?” Most likely not. Most font licenses do not provide the ability for you to transfer the font from one company to another. Typically, the printer is also responsible for purchasing a license for the font too.
If you’ve never tried your hand at font creation, it may be difficult to understand why there’s so much protection and consternation around something that “just displays letters.” Well, typically fonts are created by small teams, often one or two individuals, who work very hard for a considerable amount of time to create a typeface. To create a high-quality font, one that you would be happy to use in your projects, takes time (often many months for a single face). Good fonts will contain all of the appropriate hinting and glyphs so that the spacing between letters is always correct, the ligatures between letters connect well, and fits the intended purpose well.
In addition, some licenses prohibit the use of an isolated glyph in logos. So, for example using one large character of a specific font, say the letter “A” for an imaginary company “Aberfeldy, Inc.” could be prohibited. Especially if this letter is a very well known letterform design of that letter. This all depends upon what language is contained within the EULA, and varies from foundry to foundry.
While font foundries genuinely want you to be successful, and don’t want to unduly restrict your use, there are areas where they may have legitimate concerns. For example, say you purchase a license for a single user, but then you use that typeface to create a series of heat transfer lettering that you sell. Since you’ve just copied the uniqueness that is that font, I’m willing to bet that you’ve just violated your license. The same situation would apply if you created a set of rubber stamps each with a different character glyph. And heck, what about creating the little metal letters on the back of an automobile - Volvo, Corolla, Fiero, Festiva, etc. You can see that there are many cases where a creative project could violate your license.
I suppose that my main point here is that when in doubt, please contact the foundry. They are reasonable people and will help you understand what is permitted and what is not. And if your usage is outside of the normal range of use, many will do what they can help you be successful. For example, it may be cheaper to have a custom typeface created than to license a current font. And heck, who doesn’t want to have a font named after themselves or their company? I can see Kidwell Italic and Extensis Extra Bold in our future.
Now a final disclaimer. Please be aware that I’m not a lawyer, and don’t even play one on TV, so please do not take this as legal advice - contact your legal representation for that.
I’ll have more on font licensing in the coming weeks. The seed of these posts came from discussions surrounding John Collins’ (of MyFonts.com) presentation at The Businss of Type conference at Microsoft, spring 2008.