We came. We saw. We Spoke.

Recently, a client of ours sent us a logo they themselves had designed for an internal side project. It was a clean logotype treatment with a couple requisite mnemonic devices to give it some flavor. A worthy effort, but we knew we could make it sing.

“What’s wrong with it?” asked an incredulous marketing head. “There’s nothing wrong with,” we soothed. “But it’s a ‘6’ or ‘7’ on a scale of ‘10,’ and we’d like to make it a true ‘10’ for you.”

“Well, I like the font I picked, so can we stick with that?” she asked.

We recognized the font almost immediately. “Where did you get this?” we fished. “What’s it called?”

“It’s called “Swatch It.” I downloaded it for free.”

Uh oh.

What our well-intentioned benefactress had found was a free font based on the internationally recognized, and beloved-by-many Swatch AG (Swiss Watches) logo. This explained why it was free. The designer himself knew he was entering muddy legal waters. The poorly rendered characters and lack of kerning pairs, hinting, balancing and other niceties that are hallmarks of a professionally produced font further ensconced it amongst the poorer quality, unlicensed, gray market types so often (not always) distributed for nothin’. You get what you pay for.

Now, to be fair to the designer of Swatch It — he’s not making so much as a Swiss franc from this font. It’s clearly a free download, and the albeit limited licensing terms state that it is “Free for personal use.” This should be an obvious red flag to anyone who intends to use this and similar fonts, especially for commercial purposes. But, like software (and a computerized font is a piece of software), the end user licensing agreements (EULA) go largely ignored by most users.

We explained the inherent problems to our client:

• The font is based on an existing, copyrighted logomark. Although some courts might classify the font as a ‘derivative work,’ the buttoned-up (and always punctual) legal counsel at Swatch could easily tie up the font designer and our client on Swiss home turf. We hear Bern is chilly this time of year — brrrrr.
• Using a typeface that is so closely tied to a well-known and recognized company is never a good idea. Unless you’re creating a visual parody, it’s best to steer clear. Be unique.

It took little effort to convince her that we needed to start with a clean slate and develop the logo using a “proper” font. But, the situation did raise some nagging questions for us. Specifically, how does a designer, marketing VP or alpenhorn player learn how to legally purchase, download and use a font? Any font. Are we breaking the law by redesigning our client’s mark using any typeface we choose, even if it was purchased?

Combing through the arcane legalities that surround font design and licensing helped us cobble together some simple rules:

• Always purchase for-sale fonts before using them. Don’t “borrow” fonts and don’t use font preview services to patch together your logo for final use.
• Contact the type foundry and/or designer you purchased and/or (if it’s a free font) downloaded the typeface of your choice from and ask to have them clarify their licensing agreement for you. Explain what it is you want to do with the font, and listen closely to their response. In fact, write their response on a printed copy of their EULA, date it and record who you spoke with. Keep it on file. Stay clear of free fonts for commercial use unless the licensing terms explicitly state they may be used for your intended purpose.
• Don't share or borrow fonts unless the EULA indicates if and how you may do so.
• When crafting a logo or logotype, alter the typeface slightly. Many designers already do this in order to create a unique mark, but this practice has the added benefit of carrying your design through some legal loopholes. Most font licenses allow you to use converted outlines for things like logos. If you don’t wish to alter the characters, set them as you want, kern them, take a screen shot of the final arrangement, then trace the type using your own points and bezier curves. Cumbersome? Yes.

Final word: If someone asks, “Can we get sued for this?” the answer is ALWAYS “maybe.”

“Doveryai, no Proveryai.*”

Does all this reading about fonts make you want to read more about fonts? Us too. Feed your font goat his fill.

*We couldn't find a Swiss proverb with the same sentiment. Cut us some slack, would ya?