[IT Litigation] Free Font Usage, Copyright Infringement and Liability for Damages

Copyright infringement disputes related to the use of free fonts are increasing. In particular, it is a problem when users commercially use the font despite the terms of use not allowing commercial use of the free font. It is a problem whether the user violated the terms of use and whether the user’s font use constitutes copyright infringement.

Free Font Usage and Copyright Issues

Many users think that they can use free fonts without any legal problems, but in reality, usage may be restricted according to the font distributor's terms. For example, some free fonts can be used freely for personal use, but a separate license may need to be purchased for commercial use. However, many users do not clearly understand these license conditions and use them for commercial purposes, resulting in disputes.

The Supreme Court stated regarding font programs, "A person who has been authorized by the copyright owner to copy a computer program by installing it is using the work within the scope of the authorized use and conditions. If the user who has received permission for copying violates the program’s usage method or conditions stipulated by contract with the copyright owner, it is separate from the fact that the copyright owner's reproduction right has been violated." (Supreme Court 2017. 11. 23. Judgment 2015다 1017, 1024, 1031, 1048)

In other words, even if a user violates the terms of use when using a free font, it does not necessarily constitute copyright infringement. However, if the user violates the terms of use, contractual liability for non-performance may arise, and in certain cases, there is a possibility of assuming the obligation to pay damages.

Liability for Damages and Legal Considerations

One of the key elements in copyright disputes related to the use of free fonts is liability for damages. Generally, the copyright owner, who is the party claiming damages, must prove the fact that damages have occurred and the amount of damages.

In this regard, according to the Act on Regulation of Standard Contract Terms, clauses in standard contract terms that are excessively disadvantageous to users may be deemed invalid. Therefore, it is necessary to examine whether the usage terms set by the free font distributor have legal effect.

When using a free font, you must always check the font's license. Not all free fonts can be used freely for all purposes, and the usage conditions for non-commercial and commercial use may differ. Therefore, it is important to clearly understand the scope of use before downloading the font. Also, carefully review the terms presented by the font distributor and seek expert advice if there are any unclear parts. Especially for companies, it is necessary to establish a font usage policy internally to prevent employees from inadvertently violating license conditions. These precautionary measures can prevent copyright disputes and reduce legal risks.

Law firm Veat provides legal services reflecting the latest trends to help companies prevent legal risks and operate their businesses stably, based on many years of experience and expertise in the IT and copyright legal advisory fields, recognizing the importance of copyright and intellectual property rights in line with the development of digital technology.

Thank you.

Law firm Veat