Understanding Font Copyright: Knowledge is Power
There are many stories about font copyrights. Even if you haven’t experienced it yourself, you may have heard tales like “a font company sent a notice of proof.” These stories contribute to the perception that “font copyrights are scary.” But what is the reality? Let’s clear up the misunderstandings and truths about font copyrights, which often seem daunting.
Do Font Copyright Holders Make Money Through Settlement Fees?
Copyrights protect the effort and value of creative works by recognizing the rights of their creators. Fonts, like other creative works, are protected under copyright law. Therefore, infringing on font copyrights can lead to legal penalties according to Article 46 of the Copyright Act.
Copyright Act Article 46
① Clause 1: The copyright owner may grant permission to others to use their work.
② Clause 2: Those who have received permission under Clause 1 may use the work only within the methods and conditions specified in the license.
③ Clause 3: The rights to use the work granted under Clause 1 cannot be transferred to a third party without the consent of the copyright owner.
Copyright is a fundamental right that should be guaranteed to creators. However, font copyrights often come with the negative connotation of “settlement fee business.” This perception arises from the belief that some are using copyright not just to “protect” their rights but to “profit” through settlement fees.
To clarify this issue, it’s essential to discuss examples of font copyright infringement. While it’s difficult to generalize all cases, font copyright infringement can broadly be divided into two main aspects:
1) Illegal Use of Font Files
One of the most common examples of illegal font usage is downloading, distributing, or copying fonts without the copyright holder’s permission. This type of infringement was particularly prevalent when awareness of font copyrights was low. While some users knowingly violated copyright laws, many others were unaware that using fonts without proper authorization constituted a violation.2) Font License Violations
Fonts come with a license that outlines the terms of use, similar to a user guide that specifies the extent to which the font can be used. These licenses can broadly categorize fonts into paid and free versions, each with specific conditions attached to their use.
Illegal use of font files is unequivocally a violation of copyright law. Such cases cause significant harm to the copyright holders, i.e., the creators. To draw an analogy, copyright infringement is akin to stealing the crops that a farmer has painstakingly cultivated throughout the seasons to make and sell kimchi. In this scenario, the farmer does all the hard work, but the illegal user reaps the benefits. Fortunately, as awareness of copyright issues has improved, instances of illegal usage have been decreasing.
Font License Violations
Today, we will focus on “font license violations,” which account for the majority of font copyright disputes. The negative perception of “settlement fee business” is closely tied to these violations.
The main issue with font license violations is that many people do not fully understand the terms of the licenses. Although we previously categorized fonts into paid and free based on their licenses, this explanation is incomplete. Most fonts cannot be simply classified as either paid or free.
Let’s use an example to illustrate the typical understanding of free fonts:
There is a font known as “Font 1,” which is advertised as a free font*. User A uses “Font 1” to publish a book, and User B uses the same font to create a company logo. However, the company that created “Font 1” claims that only User B has violated the license. The reason is as follows: “Font 1” was distributed for free for print and video use, but its license explicitly states that it cannot be used for branding or corporate identity (BI/CI) purposes.
*To prevent such misunderstandings, SandollCloud labels these types of fonts as "restricted free fonts."
Let’s consider another scenario involving font license violations:
User C purchased a legitimate copy of a document software program, which included a bundled font, “Font 2.” Believing that “Font 2” was free because it was included with the paid software, User C used it to create documents. User C then converted these documents to PDFs and uploaded them to their website. One day, the company that created “Font 2” informed User C of a license violation. The issue was that while “Font 2” was free to use within the document software, the license did not allow it to be used in PDFs published on the web.
There are many cases where users thought they were using free fonts but became embroiled in copyright disputes due to license regulations. This happens because they did not fully understand the “font licenses.” When fonts are downloaded from official distribution sites, the license terms are usually clearly stated on the page. However, when fonts are obtained through other means, it is difficult to come across the license information.
It is unfair to blame users entirely for their negligence when the “licenses” themselves are difficult to understand. As a leading font foundry in Korea, Sandoll has abolished complex licenses* to prevent unnecessary victims. As a result, all fonts available on Sandoll’s platform, Sandoll Cloud, can be used without separate license distinctions.
*[Font Use Range Integration] Campaign (Link)
However, there are still cases where users who do not understand the license terms are held accountable for using fonts beyond the permitted scope. This situation perpetuates the negative perception of font copyrights. Sandoll aims to create an environment where everyone can use fonts freely. In addition to abolishing license distinctions, Sandoll strives to foster a culture where users can confidently use fonts without worry.
Knowing Your Rights to Protect Them: Understanding Font Copyright
As previously mentioned, most copyright disputes arise from “font licenses.” However, there are instances where users are rightfully using fonts but are still asked to pay settlement fees or buy font packages through the use of legal notices. For a healthy font usage culture, it’s essential to protect not only the creators’ copyrights but also the rights of font users. Here is some crucial font copyright information that everyone should know.
Are Fonts Protected by Copyright?
Yes, fonts are protected by copyright. To explain this more accurately, it’s necessary to distinguish between “font files” and “font designs.”
Font Files: These are considered computer programs and are protected under copyright law.
Font Designs: These fall under design and are protected by the Design Protection Act.
Copyright Act Article 2
1. “Work” refers to a creation that expresses human thoughts or emotions.
2. “Author” refers to the person who has created a work.
Copyright Act Article 4
1. Novels, poems, dissertations, lectures, speeches, scripts, and other literary works.
2. Musical works.
3. Theatrical works and choreographic works, pantomimes, and other theatrical works.
4. Paintings, calligraphy, sculptures, prints, crafts, applied art works, and other artistic works.
5. Architectural works, models, and architectural design documents and other architectural works.
6. Photographic works (including those produced by similar methods).
7. Cinematographic works.
8. Maps, charts, designs, diagrams, models, and other graphic works.
9. Computer program works.
Design Protection Act Article 2
1. “Design” refers to the shape, pattern, color, or combination thereof of an article (including parts of the article, typefaces, and images; hereinafter the same) that produces an aesthetic impression through visual perception.
2. “Typeface” refers to a set of characters (including numerals, punctuation marks, and symbols) designed with common characteristics to be used for recording, displaying, or printing.
Font Copyright Focuses on the Importance of Font Files
Considering font files as the focal point of font copyright protection implies that font copyright disputes may not be relevant if font files are not used. You might wonder how this is possible since font files are necessary for using fonts.
When commissioning design work from an external company, the client typically doesn’t use font files directly, so font copyright disputes are irrelevant. If the font used in the “design result” becomes a copyright issue, the responsibility lies with the company that performed the design work. The client can prove this through outsourcing contracts, payment records, etc.
The importance of understanding font copyright properly stems from cases where claims of copyright infringement are made against those who haven’t even used font files. The claims of copyright holders are not always correct. Therefore, knowing the copyright of the fonts you use is crucial to avoid unnecessary disputes.
Tip: How to Use Fonts without Using Font Files
In the previous explanation, it was mentioned that “using fonts requires using font files,” but this isn’t entirely accurate. There are ways to use fonts without using font files. The font platform “Sandoll Cloud” provides fonts by activating them through server calls instead of directly downloading font files to the user’s computer. Since font copyright is based on font files, using Sandoll Cloud ensures that you don’t have to worry about copyright disputes in any circumstances.
Sandoll’s pioneering introduction of a cloud-based approach is closely related to font copyright issues. Before the Font Platform “SandollCloud,” font services provided font files directly to users, making fonts easily distributed. As a result, many users who used illegally distributed fonts without understanding font copyright were held liable for copyright infringement.
Sandoll has contemplated providing services in a manner that prevents illegal use to avoid unnecessary victims, resulting in the current cloud-based service, SandollCloud.
SandollCloud: Service Based on Cloud Without Font Files
Sandoll strives to create a convenient environment for users, not just providers, allowing everyone to express themselves freely. We aim to provide easy and clear services that can be the starting point for significant leaps, ensuring that even small ideas don’t just linger as feelings but contribute to benefiting the world. We will continue to progress steadily toward this goal.
Author: Lee Yongho, Sandoll BX Team