[Direct answer]In the Beijing area, it depends on the font: original font libraries (font software) are protected by copyright, and commercial use (logos, advertisements, packaging, posters, products) requires authorization. "Free for personal use" does not mean "free for commercial use". Public domain fonts and fonts explicitly released as open-source and free can be used commercially. Font infringement is a common pitfall for SMEs and e-commerce companies. A letter demanding compensation can easily cost tens of thousands of yuan, and it is hundreds of times cheaper to verify authorization before design than to defend against lawsuits afterwards.
I. Problem background and typical scenarios
Typical scenarios of font infringement: A designer uses a "ready-made" font in the computer to create a logo, but is sued by the font company after it is launched online; an e-commerce product page uses a commercial font, and the platform complains and removes it; a company's official WeChat account uses a paid font in the images, and receives a lawyer's letter; the outsourced design materials delivered are infringing, and it's unclear who should bear the responsibility. Font companies' protection of their rights has become an industry, and the regulatory gaps in the use of font libraries are widespread.
II. Key points of contention
First, the definition of the object of protection. Is it the character database software and the original single-character designs, or all Chinese characters (which themselves do not have copyright)? Second, the scope of commercial use. Does the output of images, printing, and embedding in products fall within the scope of authorization? Third, the allocation of infringement liability among the responsible parties. Fourth, the level of compensation. There are significant differences in the claims approach, depending on the number of characters, the scope of use, and the profits gained.
III. Professional analysis by Henglue Lawyers
The first lesson of font compliance is to distinguish three layers of objects. Firstly, Chinese characters themselves do not have copyrights—no one can monopolize basic font concepts like "Songti" and "Heiti". Secondly, creatively designed font libraries are protected: font libraries are a combination of font designs and program codes, protected as both artworks and computer software. The originality of the design is evaluated based on the degree of individuality of each character (disputes often focus on cases where some font characters lack sufficient originality). Thirdly, font software is protected by software copyrights—installing and using it constitutes a license for software use, and unauthorized use constitutes a breach of contract and infringement. A map of commercial licensing rules: - Clearly defined freely available fonts (open-source fonts, public domain fonts, and officially declared free commercial use) can be used according to the terms of the agreement, with attention to version and usage scope clauses. - Licensed commercial fonts are priced based on usage scenarios (embedded software, print quantity, online exposure, and permanent logo use), with separate negotiations for logo use (long-term exclusivity). - The boundaries of the "personal non-commercial free use" clause must be clarified—content with commercial promotion on self-media platforms often falls into the commercial category. - Liability for infringement: If the designer is commissioned without a guarantee of "authorized materials", both the client and designer share fault; in practice, clients are often sued first and then seek recourse from designers—thus, contractual guarantees of "font and materials are authorized" and breach penalties are essential clauses. - Platforms' obligation to remove infringing content upon valid complaints is also part of the liability chain. - Claim and defense scale: Font companies typically calculate damages based on the number of infringed characters multiplied by unit price, with magnified usage scope coefficients, ranging from thousands to hundreds of thousands per case. - Defenses focus on originality (whether the involved characters meet the creativeness threshold of artworks), usage scope (whether exceeding the licensed scenarios), and good faith and timely removal (no compensation for expanded damages after notification). However, don’t pin defense hopes on "originality" alone—mainstream judgments maintain consistent protection of original font libraries. - Compliance checklist for enterprises: - Inventory all company font libraries (design computers, servers, outsourced deliverables). - Verify license compliance for commercial use (read free font agreement clauses line by line). - Add warranty clauses to design contracts. - Have legal or attorney review materials before online release. - Beijing has seen intensive litigation over font protection, with font companies’ evidence collection systems mature (screenshots + timestamp + notarization). Enterprise loopholes are shrinking rapidly.
IV. Practical suggestions and legal basis
The first step is to inventory the font sources of both in-house equipment and outsourced deliverables; the second step is to verify authorizations to confirm the scope of authorization and usage scenarios before commercialization; the third step is to include copyright authorization guarantees and breach of contract liabilities in the design commissioning contract; and the fourth step is to respond to infringements through three steps: timely suspension of use, defense of scope, and recourse to the source. The main legal basis includes Article 3 (Types of Works) and Article 10 (Rights of Authorized Use) of the Copyright Law of the People's Republic of China (amended in 2020), as well as relevant provisions of the Computer Software Protection Regulations (amended in 2013). Specific applications shall be subject to the currently effective regulations.
5. Henglu Law Firm's Advice
Fonts are the cheapest licenses and the most expensive compensations in design: spending ten minutes checking the license before commercial use can save you tens of thousands of yuan in compensation claims. For materials outsourced for design, if there are no license guarantee clauses in the contract, it's like planting a time bomb for yourself. For dealing with font infringement and license verification, you can refer to the following resources:Intellectual property protection and corporate lawYou can refer to it when reviewing the design commission contract to obtain a comprehensive solution for the serviceBusiness and contract disputes in enterprisesFor plates related to the enforcement of compensation, you can refer to the following for referenceCreditor's rights and debts, and enforcement casesFor plates involving the compliance check of corporate intellectual property, they can be combined togetherSpecialised legal servicesPlate consultation.
VI. Frequently Asked Questions
Q1: Can I use the fonts provided by the system freely?
It depends on the accompanying license agreement. Most system fonts require additional authorization for commercial use.
Q2: Is it considered an original font if I just modify a few strokes of a character?
Whether the modifications meet the standard of originality needs to be assessed on a case-by-case basis. Even if the overall style can be traced back to a recognizable source, there is still a risk of infringement.
Q3: What should I do if I receive a letter from a font lawyer?
First, deactivate the infringing fonts to minimize losses, then verify the authorization records and the scope of use, and negotiate a settlement or prepare for litigation.
Q4: Who should compensate for infringement of outsourced design?
The user shall bear the responsibility first, and if the contract includes a guarantee clause, the user shall seek compensation from the designer.
Q5: Where can I verify free commercial fonts?
Check the official authorization statement and the original text of the open-source agreement, and save the screenshots as archives to serve as evidence of compliance.
This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.