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Heady304

: Graphic design freelancer uses Helvetica for my company's web design, software GUI design, and logo My company makes software. I hired a graphic design freelancer (and payed a fixed xxx €)

@Heady304

Posted in: #Designers #Fonts #Freelance #Legal #WebsiteDesign

My company makes software. I hired a graphic design freelancer (and payed a fixed xxx €) to do my company's


website design,
software GUI design,
logo


He used Helvetica. The parts using Helvetica will always be used rendered as bitmap (as .png or .jpg, etc.). They will be used on my website, in my software GUI, in my emails, etc.

I'll never use vector graphics (svd) nor text + embedded font on my website. I also will never need to have Helvetica installed on my local machine: everything that the freelancer gives me will be bitmap.

Do I have to pay a license for Helvetica, or don't I because that was the freelancer's work (and he already payed a license for it)?



Note: linked to this question but slightly different because of the third pary: graphic design freelancer , and because use as bitmap only.

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@Miguel516

No, in these circumstances, as the end client with flat artwork you don't need a licence although I agree that this isn't a normal (or optimal) approach for print, web or internal office use. For example, if you try to scale up one of the files it will deteriorate, and as said, you are incumbent on the freelance for future changes you may be capable of making yourself.

On a wider point re licencing, if your freelance is working on a Mac, this will have shipped with a version of Helvetica alongside the OS/software. Adobe and Microsoft also bundle additional fonts with CS Suite and Office. So it's possible that your freelance did not purchase the font in the first place (beyond the Mac purchase). If the intention all along was to flatten artwork and convert fonts to paths before delivering to you then a system based font would not present a problem in the original artwork. In my student days I was encouraged to explore shipped fonts by David Carson (Raygun) converting to paths in pre-flight to streamline workflow and avoid print and licence transfer issues. I'm pretty sure Brody began this way as well with limited budgets for font libraries during his early commercial work.

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@Gail6891361

Well, the license of the font applies only to the font program in the US, ie the font you install on your computer. However, you do not specify your location and as such the question is unanswerable in terms of all locales. In my own locale the situation is a bit different as even the font program itself may not get protection unless it packs enough characters.

The same applies to the outlined strokes atleast in the US, Many other locales do not agree, more so than bitmapped font. (It is possible that you use too much of the collection and that a very special font could get protection by artistic merit). But again varies by location.

For example: Typefaces do not fall under copyright in united states, except in exceptional cases. The font name and the font program falls under protection.

Also you should consult the eula of the variant of helvetica your designer used. Many font EULAS explicitly grant you this right.

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@Courtney577

If you use the design exactly as supplied from the designer in the formats you've described then you don't have to purchase the font licence, but...

The design implementation method with everything flatten out as images (jpgs, pngs etc.) is unorthodox. Website size, SEO, rendering times on devices and so many other aspects of design, functionality and technology are thrown out of the window.

Plus If you consider that in the future you will probably need some changes even a small change such as changing a single dot you will be obligated to ask the designer (...or a designer) to supply a new image with the changes which you will pay for. Long term (maybe not even short term) this is nowhere near the cost of just purchasing font's licence and do everything properly.

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