Font and Design Asset Checklist: Inventory, Licence Scope, Embedding and Web Use, Audit Response, and Substitution Planning

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This checklist builds a licensed asset position from the only starting point that works: an inventory of what the organisation actually serves, embeds, installs, uses in its logo, and runs through rendering pipelines. Phase one builds that register. Phase two joins it to licences and records the limits that will be exceeded — seats, web tiers, domains, print runs, territories, and terms. The middle phases cover open font obligations that apply where no fee was paid, stock licence restrictions and release scopes, and the contractor and agency arrangements through which most unlicensed assets enter an organisation. The closing phases handle demand letter response, enterprise negotiation, substitution planning, generated assets, audio, and the purchasing route that keeps the register current after the first effort.

IP and Technology > Copyright | Checklist | Published 30 December 2025 - Updated 29 January 2026 | Casey Scott McKay - marksy.us

Summary. This checklist builds a licensed asset position from the only starting point that works: an inventory of what the organisation actually serves, embeds, installs, uses in its logo, and runs through rendering pipelines. Phase one builds that register. Phase two joins it to licences and records the limits that will be exceeded — seats, web tiers, domains, print runs, territories, and terms. The middle phases cover open font obligations that apply where no fee was paid, stock licence restrictions and release scopes, and the contractor and agency arrangements through which most unlicensed assets enter an organisation. The closing phases handle demand letter response, enterprise negotiation, substitution planning, generated assets, audio, and the purchasing route that keeps the register current after the first effort.

Keywords: font asset checklist · web crawl inventory · endpoint font report · embedded font enumeration · logo dependency · rendering pipeline use · seat and tier limits · application embedding licence · open font reserved names · stock licence restrictions · extended licence triggers · model and property release scope · contractor deliverable warranty · agency sublicensing · demand letter response · enterprise licence terms · substitution planning · generated asset provenance · audio library metering · purchasing route


How to use this checklist

| Field | Detail | |---|---| | Who runs it | Counsel with design, brand, engineering, procurement, and endpoint management | | When | On receipt of any demand; before a rebrand; annually | | Time required | Two to three weeks for a first pass; the crawl itself takes a day | | Gates | Register complete before responding to any demand; limits recorded against actual use | | Output | An asset register, a purchasing policy, a substitution plan, and a diligence-ready file | | Companion documents | Managing Fonts, Stock Assets, and Design Libraries and The Letters You Licensed |

The matter. A consumer business with a main site, six campaign microsites, two acquired brand properties, a mobile application, and a customer document generation service has received a letter from a foundry asserting unlicensed use of one of its typefaces across the web estate, the application, and the company's logo, and demanding a retrospective fee plus a forward enterprise licence. The company holds three desktop licences bought by a designer who left two years ago. The logo was drawn in the same face and is registered. Nobody has crawled the estate. The design team also uses stock imagery bought on a personal subscription by a freelancer, and one image appears on merchandise.


Phase 1. Build the register


Phase 2. Join assets to licences and record the limits


Phase 3. Open licences and provenance


Phase 4. Stock assets and releases


Phase 5. Contractors, agencies, and acquisitions


Phase 6. Responding to a demand


Phase 7. Enterprise terms and substitution


Phase 8. Generated assets, audio, and the purchasing route

Phase 9. Working the example matter


Phase 10. Type in the brand system


Phase 11. Documents this checklist should produce


Phase 12. Special situations


Phase 13. Audio and time-based assets


Phase 14. Governance and cadence


Phase 15. Proportion


Phase 16. Interface kits, icons, and code assets


Phase 17. Diligence readiness


Phase 18. Questions the business will ask


Phase 19. Working with the design team


Phase 20. Budget


Phase 21. Three closing tests



Outcome. A register joining every served, embedded, installed, logo, and pipeline asset to a licence and its limits; open licence obligations recorded; stock restrictions and release scopes captured; a contractor clause in the standard engagement; a demand response process that begins with an audit; enterprise terms negotiated before a letter arrives; a substitution plan for the critical faces; and a purchasing route that keeps the register current.


The five things people get wrong

One. Responding to the demand before the audit. The letter arrives with a deadline designed to prevent exactly the inventory that should happen first, and a denial contradicted by the company's own page source destroys the negotiating position permanently. The correct first response acknowledges receipt and asks for the evidence.

Two. Forgetting the rendering pipeline. Document generation, personalisation, print-on-demand, and email rendering all use fonts, and almost nobody licenses them for it because nobody thinks of a document service as a font use. It is one of the two categories a foundry finds most reliably.

Three. Treating the logo as settled. A registered wordmark drawn from a licensed typeface depends on a licence term that many foundries treat separately and some prohibit. Converting the logo to owned outlines takes an afternoon and removes the dependency permanently, and almost no organisation has done it.

Four. Assuming free means unconditional. Open licensed fonts carry reserved font names, notice obligations, and redistribution conditions. An estate assembled from several open sources has assembled several sets of obligations, none of which is in anybody's register.

Five. Letting people who are not the user do the buying. Agencies that cannot sublicense, freelancers using personal subscriptions, and acquired businesses whose licences did not transfer account for most unlicensed assets in most organisations. It is fixed by a clause in the engagement terms and a line in the diligence request list.


Key Authorities at a Glance

| Authority | Proposition | |---|---| | 17 U.S.C. § 101 | Definitions; computer program | | 17 U.S.C. § 102 | Software as literary work | | 17 U.S.C. § 103 | Derivative works; scope | | 17 U.S.C. § 106 | Exclusive rights | | 17 U.S.C. § 107 | Fair use | | 17 U.S.C. § 109 | First sale | | 17 U.S.C. § 117 | Copies made in using a program | | 17 U.S.C. § 411 | Registration precondition | | 17 U.S.C. § 504 | Statutory damages | | 15 U.S.C. § 1051 | Registration of marks | | 15 U.S.C. § 1052 | Refusals | | 15 U.S.C. § 1114 | Infringement | | 15 U.S.C. § 1125 | False designation | | 35 U.S.C. § 171 | Design patents | | 35 U.S.C. § 289 | Total profit remedy | | Feist Publications v. Rural Telephone Service | Originality | | Google LLC v. Oracle America | Functional elements and fair use | | Star Athletica v. Varsity Brands | Separability | | Wal-Mart Stores v. Samara Brothers | Product design | | Qualitex v. Jacobson Products | Non-traditional marks | | Andy Warhol Foundation v. Goldsmith | Purpose and character | | Typeface design protection | Design and software distinction | | Open font licence conditions | Open licensing obligations | | Font licence audits | Enforcement practice | | Stock licence restrictions | Asset licence scope | | Model and property releases | Release requirements | | Right of publicity elements | Likeness claims |


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This document is general information about the law, not legal advice, and does not create an attorney-client relationship. Asset licence positions depend on the specific licences held, the actual uses made, and the jurisdictions involved. Marksy is not a law firm.

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