[Direct answer]In most cases, fonts are protected by copyright, and their commercial use (such as in advertising, packaging, software embedding, trademarks, etc.) requires authorization from the font library provider. Fonts pre-installed on systems like Windows are generally only licensed for personal daily use, and their commercial use would also be considered infringement. However, fonts like Songti, Heiti, Fansong, and Kaiti, which are based on traditional fonts in the public domain and have highly standardized shapes, are generally not considered copyrighted works and can be freely used. Buying a computer does not mean purchasing the font copyright, which is the most common misunderstanding among businesses.

1. Problem background and typical scenarios

The design used a beautiful font in the poster, but after it was released, the font library company sent a letter demanding compensation of tens of thousands of yuan; dozens of fonts of unknown origin were quietly hidden on the company's official website, product packaging, and mini programs, becoming a potential compliance pitfall that could erupt at any time. Font infringement lawsuits have occurred frequently in recent years, and the claim-for-compensation model based on quotations has made it difficult for companies to defend themselves against such lawsuits.

II. Key points of contention

Firstly, the copyrightability of fonts: distinguishing between original letterforms and commonly used fonts. Secondly, the boundaries of authorization scope: the number of devices, usage scenarios, media platforms, and term provisions. Thirdly, a review of historical authorizations: outsourced design drafts and the font sources of printing factories. Fourthly, responses to infringement claims: evidence of exemption from liability and defenses against compensation demands.

III. Professional analysis by Henglue Law Firm

Based on Henglu Law Firm's experience in handling intellectual property compliance and infringement cases, font issues can be divided into four steps: 1. **Determine whether the font is protected**: A single Chinese character shape must have original aesthetic value to constitute a work of art. Traditional printing fonts like Songti and Heiti are in the public domain and do not infringe copyright. Font libraries are protected as computer software, and their embedded use is also subject to control. When in doubt, assume the font is protected. Compliance costs are far lower than litigation costs. 2. **Assess current licensing status**: Companies should self-audit three areas: - Font lists and licensing documents in design and brand materials - Contractual clauses regarding copyright ownership in outsourced design contracts (if the designer provides infringing materials, seek recourse) - Font sources on employees' computers and official website backends 3. **Obtain additional licenses or replace fonts**: - Prioritize purchasing formal licenses for high-value scenarios (trademarks, packaging, brand visuals), noting license terms such as device usage, online downloads, and trademark registration permissions. - Replace low-value temporary materials with open-source or purchased fonts. 4. **Respond to claims**: - Verify the legitimacy of the infringement notice (registration certificates, licensing chain), whether the disputed materials exceed license scope, and usage timing and scale. - Negotiate compensation based on actual usage scope, the other party's losses, and the company's gains, while guarding against sales tactics aimed at forcing purchases. - If the infringement stems from outsourced work and is supported by contractual evidence, sue the designer to share losses. Font licensing costs are relatively low. The real challenge lies in establishing effective review mechanisms. Integrating font inventories into brand asset management is a long-term solution to address this issue.

IV. Practical suggestions and legal basis

The first step is to conduct a comprehensive inventory of the fonts in use and establish an authorization ledger and source certificates. The second step is to purchase authorization for high-value materials and verify the scope of authorization and usage terms. The third step is to add copyright guarantee and liability clauses for materials in outsourcing contracts. The fourth step is to verify the rights basis and usage scope of infringement notifications, distinguish between compliant procurement and sales scams, and hire lawyers to respond as necessary. The main legal basis includes: Article 3 of the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021) regarding the scope of works; Article 10 regarding rights such as copying, distribution, and online dissemination; and Article 54 regarding compensation amounts; the provisions on the protection of font software in the Computer Software Protection Regulations (amended in 2013); and specific applications shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

There are three key points regarding font compliance: system-installed fonts do not automatically qualify for commercial use; the license terms must be reviewed clause by clause; conduct an inventory before purchasing, and maintain a record of dozens of fonts; verify the rights chain before responding to a claim letter, and seek compensation from the designer in the event of outsourced infringement. Those involved in font copyright disputes can seek assistance through the following channels:Intellectual property protection and corporate lawWe provide a comprehensive solution for services, which can be combined with litigation against copyright infringement.Contract disputesFor reference, you can check the compliance system for corporate copyrightsThe company and commercial disputesFor the column, you can consult us about negotiations related to protecting intellectual property rightsSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Is it infringing to use the fonts that come with a computer for commercial purposes?

Yes. The font library included with the operating system is usually only authorized for daily office use, and commercial use (such as advertising, packaging, and product interfaces) exceeds the scope of the authorization. If you need to use it for commercial purposes, you should purchase the corresponding authorization from the font library manufacturer.

Q2: Do fonts like Songti and Heiti require authorization?

Generally, it's not necessary. Traditional printing fonts such as Songti, Heiti, Fansong, and Kaiti originate from the public domain or lack originality, and they usually do not constitute artworks, so they can be used freely; except for those with original modifications to the same font style.

Q3: If the designer delivers a finished product that uses infringing fonts, who is responsible?

If the contract includes a copyright guarantee clause, the enterprise can seek compensation from the design party; however, the external infringement liability may still be borne by the user first. It is recommended that the outsourcing contract clearly define the obligations of material compliance and compensation sharing, and take a two-pronged approach in case of disputes.

Q4: What should I do if I receive a claim letter from the font company with a very high amount?

First, verify whether the other party's rights certificate and authorization chain are complete, whether the materials being sued are authentic, and the time range of their use. Then, assess the actual scale of use and the other party's losses, and negotiate a lower price based on the evidence. Be vigilant against the mass claim scam that uses litigation as a marketing tactic.

Q5: Are all open-source fonts free for commercial use?

Most open-source fonts (such as the Sans Serif series) are allowed for commercial use, but you must still comply with their license terms (for example, you cannot sell the font files separately). Before using them, please read the license and keep a copy for your records. For projects involving multiple sources, check each license individually.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant 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 the current effective laws and regulations and public adjudication rules, and is 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. If you encounter disputes, please consult a practicing lawyer in time.