“Some Type Foundries Want to Restrict Usage of Their Fonts on Ethical Grounds. Will It Work?”

Article from the now defunct publication Eye on Design exploring the efficacy of ethical restrictions in type foundries' end-user license agreements (EULAs). 

Comparing how independent foundries worldwide handle ethical restrictions, a chart embedded in the article analyzes the approaches of 70 independent type foundries, noting whether ethical restrictions are present and when they are, reproducing the language used. 

Excerpt:

“Since opening shop in 2009, Zurich-based independent foundry Grilli Type has quietly built a reputation for expertly drawn contemporary designs. Its sharp serif GT Sectra (2013) has become a popular choice for text and display settings, while its clean, workhorse sans GT America (2016) has made its way onto everything from indie magazines to sparkling water cans. In early January, though, Grilli’s work found overnight notoriety when the CIA released a millennial-friendly rebrand with Sectra and America at its heart. Long known for leveraging modern design to advance state power, the agency seemed to be banking on punchy typography and stylized graphics to improve its image with a new generation of prospective recruits.

Grilli’s designers heard about the rebrand with the rest of us. In a January 5 tweet, the foundry distanced itself from the project, explaining that the CIA purchased the font licenses directly from its online shop. “We had no advance knowledge of this use, and no part in their redesign in any way.” 

Grilli’s lack of control over the lifecycle of its designs is surprisingly standard. While custom jobs are easy to vet, retail fonts are readily available via foundries’ e-commerce platforms. Of course, like most software products, fonts aren’t really for sale: customers “buying” fonts are only purchasing the licensing rights defined by an end-user license agreement (EULA). Introduced by IBM in 1969 and popularized with the rise of personal computing in the 1980s, licensing agreements remain the primary means for software developers to regulate usage and limit liability. For those who care to read them, EULAs for font software are accessible pre-checkout; placing an order equates to signing on the dotted line. Typical agreements dictate parameters like the number of authorized users and application format—for example, whether the font will be used on desktop, web, or app. 

Recently, some independent foundries (mostly based in Europe) have been giving their EULAs new reach by limiting the usage of their fonts on ethical grounds. Ethical clauses can range from restrictions on use in political campaigns to bans on use in hate speech, and foundries are learning from each other how to develop the right language. While these clauses are open to interpretation and can prove difficult to enforce, designers are hoping tighter restrictions will let them preserve some control even as their work changes hands. [...]”