As a typeface user, it is not hard to find yourself on the wrong side of the law. If you use font software for which you don't have a license, supply a font to another user, or even license font software and then use it on more computers than the license allows, you are likely to be breaking software license and copyright law. Remember that font piracy is an offence against both criminal and civil law passed by Parliament in the form of the Copyright, Design and Patents Act 1988, and amended by the Copyright (Computer Programs) regulations 1992, which came into force 1st January 1993.

Part of the problem is that users do not perceive fonts to be the same as other software for two reasons: fonts do not come with a box full of manuals and so appear to be less 'substantial' than other software packages; and most users have so many fonts that they regard individual faces to be 'tradable' like, for example, cigarette cards. It comes as a surprise to some to learn that distributing a font against the terms of its license is just as illegal as pirating a copy of Photoshop® or, frankly, shoplifting.

Whilst the manufacturers have changed the way they have licensed their font software, the basic facts remain the same:

• Typefaces, as embodied in font software, are the intellectual property of their designer.

• When you pay for a font, you don't own the font; you are paying for a license to use the font on a specific number of computers.

• The font software contract is a legally binding agreement.

• If you make an illegal copy of font software, you leave yourself and your organisation open to severe penalties and criminal proceedings.

• Even though you can distribute a document that requires a particular font to other people, you can give them a copy of the font you used only if they have already obtained a license to use that font. This includes repro houses, colour proofing companies, friends and colleagues. It is no excuse to say that they needed the font in order to print your work.

Typeface Licensing

Historically, the major type foundries licensed their font products by printer, meaning that anyone who shared a printer in an office environment would be allowed to share the font files as well. This licensing policy was practiced during the early days of electronic fonts and well before the invention of Adobe Type Manager® (ATM®). Back then, only bitmapped fonts were used to represent typefaces on the computer screen and the outline font was used only in PostScript® language printers.

When ATM® came along, outline font files could be used on the computer as well as in the printer (and could also be used in non-PostScript® printers). The major type foundries, led by Adobe Systems, subsequently changed their font licensing policy to reflect this change in use.

Now, font software is licensed for use per computer rather than per printer. So rather than counting the number of printers when purchasing a license for the font, the customer now counts the number of computers the font will be used with. In general, the basic-user license allows for the font(s) to be installed on 5 CPUs and 1 network printer within one (1) company.

This means that font software is now licensed the same way as application software, thus simplifying the whole issue of software licensing for the customer.

FAQs about licensing typefaces

The answers to the questions that follow are intended only as a general aid to understanding the current computer-base licensing policy. However, it must also be remembered that different type foundries may have slightly different rules.

What happens to licenses purchased under the former (printer) convention?
Customers are free to use the products they have already licensed under the terms supplied when they licensed those products.

What if the customer has previously licensed fonts by printer, but now wants to license new fonts?
In this situation it would be best to obtain advice or request a price quotation for new licenses from the type foundry.

What if customers find that they need more licenses than they already have?
It is unlikely that a type foundry would consider legal action against companies who find that they require additional licenses in order to be legal if these companies take the initiative and promptly apply for those licenses.

Is proof of licensure required with the application for further licenses?
Most type foundries would probably not require proof to be submitted with the initial request. This said, proof may be requested in certain circumstances which made it necessary to verify compliance with a particular type foundry's licensing policies.

Can a customer count a service bureau or other outside agency as one of the computer licenses?
No. Fonts are only licensed for use within a single company. Service bureaus and other outside agencies must purchase their own font licenses.

Do service bureaus adhere to the same CPU agreement?
Service bureaus who already license font software may elect to continue using their printer-based licenses or they may wish to convert them into computer licenses at their discretion.

What is the major type foundries' position on users and service bureaus sharing typefaces?
The major type foundries' licensing policy on transporting typeface software with print jobs to service bureaus is unchanged. Customers are allowed to give their font files to a service bureau along with a print job if, and only if, the service bureau already possesses a valid license for the font software. The reason for allowing this to happen is to ensure that the customer's version of the font software is the one used to image the print job. Customers are not allowed to give fonts to service bureaus who do not already possess valid licenses for the fonts. Possessing licenses for the font software is an essential part of the cost of doing business as a service bureau in the same way that one would invest in staff, equipment and furniture. If you image a font, you are obtaining value from that font and you must therefore obtain a license for it.

When is it legal to embed fonts into documents?
Some typeface manufacturers (but not all) permit embedding certain fonts into documents for the purposes of viewing and printing only. Documents with embedded fonts may not be edited unless those embedded fonts are licensed to, and installed on, the computer where the editing is taking place. The reason for this is that editing the file adds value to the file. Consequently the customer is obtaining value from the fonts and is therefore required to have a valid license for them. Generally, embedding certain fonts is actually legal if the fonts are embedded but cannot be used to edit documents or accessed as fonts for use in other documents. Printing to a PostScript®-language file and embedding fonts into formats like PDF files (Portable Document Format - the Adobe technology) are legal ways to embed fonts. Sending fonts on floppy disks or zip cartridges along with print jobs is not legal since they can be installed and used as fonts in other documents.

Is it legal to print to a file and send the file to a service bureau for printing?
Yes. Customers may create PostScript® files with embedded fonts and then send this file to a service bureau for printing.

Is it legal to embed typefaces into Portable Document Format (PDF), Digital Paper (DP), ADS and other document transfer formats?
Yes. Customers may embed most Type 1 fonts into PDF or similar documents which may then be viewed or printed on any number of computers. Editing of documents with embedded fonts is not allowed unless the fonts are licensed to and installed on the computer where the editing is taking place.

Can a user modify a font using font manipulation such as Fontographer®?
Customers are allowed to use font manipulation software to produce "derivatives" of fonts licensed from Adobe, as long as they use the derivatives in accordance with the same licensing terms that are stated on the packaging for the original Type 1 products purchased by the user. For example, it is legal to use Fontographer® to convert a Type 1 font from Adobe into TrueType® format for individual usage, but it is illegal to assume ownership of the derivative TrueType® font and to sell it or give it away. Derivative works are definitely protected under copyright law and font manufacturers will vigorously pursue their rights.

Why it is wrong to copy fonts?
It is illegal to copy font software but there are also practical reasons for not copying fonts. The main impact of font piracy is to cut the income of font manufacturers and thus stifle the development of new fonts. Without a guaranteed income from font sales, designers will have no incentive to create new fonts. Alone amongst computer software, fonts are used according to fashions and trends and so new ideas are crucial if the look and feel of documents are to remain up-to-date.

In some organisations, font piracy is so endemic that it can only be stopped by an organised approach. The following policies and guidelines are intended to help you protect yourself and your company from prosecution and ensure that you comply with copyright law and your software license agreement:

1. Establish or reiterate a corporate policy to only have and use legal software.

2. Establish as a corporate policy that no software can be copied or redistributed within your company without consulting a designated person whose responsibility is to ensure software licensing compliance, including multi-user font licenses.

3. Establish a policy of never copying and distributing software outside your company. Protect your clients, protect your investment.

4. Ensure that all your personnel who use fonts, order output or type, are fully aware of the legalities and that they know that fonts are no different from any other software.

5. Conduct an audit of type that you use to ensure that it is both legally obtained and correctly licensed.

6. Ensure that all your future type is legally obtained and correctly licensed. It may be prudent to give one individual the responsibility of overseeing all type licensing.

7. Consult with your service bureaux to ensure that they have legal copies of all the fonts that are used to output your work. Requesting a letter from a corporate officer certifying that their fonts are indeed legal and outlining their policies on font acquisition would be a good safeguard.

What are the consequences of illegal use of typeface software?
Severe penalties may be imposed on the company and/or the employee and/or the company's officers. The responsibility for enforcing the Copyright Act fall to the police, FAST (Federation Against Software Theft) and BSA (Business Software Alliance). Raids have been conducted on both corporations and educational institutions, resulting in civil and criminal litigation.

Points for the typeface user to remember
1. Use only original typefaces.

2. Respect digital typefaces as licensed software protected by law.

3. Do not think that as a buyer of a type package you become its owner. You only license the usage rights.

4. You should not send type with your jobs for a service bureau to output unless they already hold the license.

5. You may not copy fonts without authorisation: unless it is to make a singe copy for back-up purposes – otherwise it is illegal.

6. You should not use illegal type copies. It damages the rights of the type designers and inhibits the development of new typefaces.

7. You should immediately destroy any illegal copies that might be on your computer network. Failure to do so is punishable by law.