Making sure you're on the right side of legal font use

‍The Hidden Risks of Font Usage

Fonts are considered software, protected by copyright laws, and require proper licensing for use, but the font industry can sometimes feel less than straightforward. Licensing agreements can feel obscure, decentralized, and riddled with inconsistencies. There is no standard practice, leaving brands vulnerable to unintentional infringement.

Adding to the complexity, font usage is on the rise. “By 2028, U.S. font usage is expected to grow by 25%, driven by the increasing demands of e-commerce and branding,” notes Julie Lane, Senior Managing Advisor of Client Solutions at APR. This growth has naturally drawn the attention of font technology companies, some of which are enforcing end-user license agreements (EULAs) by using web crawlers.  

These companies can present brands with hefty fines or push them into costly enterprise solutions. For example, a website using 15 fonts at $10,000 each could face annual costs of $150,000 — an expense that multiplies for brands with hundreds of URLs.

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The Cost of Non-Compliance

Backed by private equity, we’ve seen font tech companies issue infringement claims to global brands, often accompanied by massive documents analyzing font usage. These claims can result in fines exceeding $1 million, with tight deadlines and threats of litigation. For brands, the challenge lies in navigating these claims while maintaining compliance across their marketing ecosystem.

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How APR Saved Millions

APR executes a meticulous auditing process for clients, protecting brands from unnecessary fines and optimizing their font management strategies.

Faced with a $2 million infringement claim, over the course of a year APR worked for a client team to audit nearly 1,000 URLs, benchmark font usage, and identify errors in the font technology company’s report. This allowed the client to contest the fines successfully. APR then developed a comprehensive font process playbook, enabling the client to centralize font purchasing, reduce dependencies on costly providers, and transition to free fonts where appropriate. The result? Beyond immediate risk mitigation, APR helped the client avoid a $2 million fine, creating a 13x return on investment.

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Best Practices for Font Management

To safeguard your brand, consider these key strategies:

1. Centralize Font Licensing: Maintain a centralized repository for all font licenses and ensure they are up to date. This reduces the risk of unintentional infringement and simplifies compliance.

2. Audit Regularly: Conduct regular audits of your font usage across all digital and offline assets. This includes websites, mobile apps, print materials, and broadcast content.

3. Negotiate Smartly: Licensing fees can vary based on factors like monthly website visits or usage type (e.g., print vs. digital). Negotiate agreements that align with your specific needs.

4. Develop a Playbook: Create a governance playbook outlining the do’s and don’ts of font usage. This should include guidelines for purchasing, licensing, and compliance.

5. Stay Informed: Keep up with industry trends, such as variable fonts, AI-generated fonts, and subscription-based licensing models. These developments can impact your font strategy.

The Future of Font Management

As the marketing landscape evolves, so do the challenges of font management. Emerging trends like accessibility requirements and AI-generated fonts add new layers of complexity. Brands must stay proactive, regularly reviewing their font management practices to avoid costly pitfalls.

At APR, we’re committed to helping brands navigate these challenges. Fonts may not seem like a priority in the grand scheme of marketing production, but their impact on a brand’s financial and legal health can be significant. Ready to take control of your font ecosystem? Let’s connect.  

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APR turns risk into opportunities, helping brands unlock hidden potential across their marketing operations.