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Fonts have a huge influence on a WordPress site’s usability, accessibility, and brand identity. That’s why font selection is one of the first decisions designers make. But in making that decision, they can put their agency and its clients in a legal minefield.
Font files come with a license that limits how they can be used, who is entitled to use them, where they can be hosted, and numerous other restrictions. Breaking font licensing rules can be costly, with legal settlements far exceeding the original licensing costs.
In 2004, Red Hat was forced to settle a lawsuit for $500,000 brought by the Agfa Monotype foundry after it bundled unlicensed fonts with its CDs. NBC was sued in 2010 by Font Bureau for misuse of its fonts, eventually settling for $2 million. Nike was recently sued for allegedly misusing Production Type’s fonts in videos and websites, despite having only paid for desktop licenses.
In this article, we’ll explore font licensing rules, why agencies should care about them, and best practices to help your agency avoid expensive font licensing violations.
Font files are software, and the copyright protection that applies to code applies to font files too. Agencies that select, embed, or distribute fonts can be held responsible if they use them without the proper license.
Most font End-User License Agreements (EULAs) define the “user” as the party implementing the software. In agency projects, that’s usually the agency, not the client. Even if your contract shifts responsibility to the client, copyright holders can still pursue you for infringement. It’s common for both the agency and client to be named in a lawsuit, with the agency seen as the primary actor.
Misuse happens in ways that are easy to overlook: bundling pirated or demo fonts into themes, converting desktop fonts for web use without permission, exceeding page-view limits, or including unlicensed fonts in brand assets like email templates or logos. Agencies that assume one license covers all uses expose themselves to legal risk.
A font license may also prohibit transferring the font software between parties. That means an agency cannot simply give font files to its client. The client must obtain their own license or download the software themselves under a valid agreement.
Font license cases are so common and lucrative that “license enforcement” bots scour the web for violations. If your agency accidentally misuses font files with a restrictive license, there’s a good chance the violation will be discovered and the font’s owner will initiate legal action.
Font licensing mistakes are easy to make, but they can be expensive and embarrassing to fix. You can reduce the risk by building font compliance into your WordPress development workflow.;
You should also keep a change log of font updates. Swapping files or upgrading weights may trigger a fresh license requirement under some EULAs.
One way to side-step many font licensing issues is to use open-source fonts. In the past, these have been of mixed quality, but in recent years, several high-quality font families have been released under permissive open-source licenses, such as the SIL Open Font License (OFL) or Apache 2.0.
These fonts can be embedded, modified, self-hosted, and redistributed without needing separate commercial agreements.
Open-source fonts are also a straightforward solution to another font headache agencies have recently faced: GDPR concerns associated with externally hosted fonts. In 2022, a German court ruled that serving Google Fonts from Google’s CDN without user consent violated GDPR by transmitting IP addresses to a third party.
Since then, thousands of site operators across the EU have received warning letters and fines. Hosting open-source fonts on the client’s server eliminates third-party data exposure.
Standardizing on open-source fonts helps agencies to simplify license management, reduce client risk, and future-proof their projects.
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