In July 2021, Hwaum Law Office was engaged by Institution A to review whether certain uses of font files constituted copyright infringement or a violation of the applicable license agreement, and to provide advice on appropriate legal responses. Hwaum successfully completed the engagement.
While a typeface or font design itself is generally not protected as a copyrighted work, a font file may be protected under copyright law as a computer program work. Accordingly, unauthorized downloading (reproduction), uploading (transmission), or distribution of a font file may constitute copyright infringement. Because copyright infringement may also give rise to criminal liability, the specific circumstances and manner of use require careful legal review.
Font files are generally used subject to a license agreement, such as terms of use or an End User License Agreement (EULA). If a user uses a font file beyond the scope permitted under the applicable license, the user may be liable for damages arising from a breach of contract.
Drawing on Hwaum Law Office’s extensive knowledge and experience in intellectual property matters, including copyright, trademarks, and patents, Hwaum advised the client that embedding a font file in a PDF document and publishing the document online may potentially violate the applicable license agreement. We also provided guidance on measures to reduce the associated legal risks.
In particular, when using paid font files or font files included in paid software in online materials, it is advisable to confirm in advance the permitted scope of use under the applicable license. Doing so can help prevent potential legal disputes relating to copyright and licensing.
Author: Attorney Soon-kyo Kwon