Intellectual property protection of typefaces: Difference between revisions
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A legal precedent was set in the case of Adobe vs. Southern Software Inc. (SSI). <ref name=autogenerated1 /> SSI had used the program, FontMonger to copy and rename fonts from Adobe and others. <ref name=autogenerated1 /> They assumed safety from prosecution because, though they had directly copied the points that define the shapes from Adobe's fonts, they had made slight adjustments to all the points so they were not technically identical. <ref name=autogenerated1 /> Nevertheless, it was determined that the computer code had been copied. <ref name=autogenerated1 /> |
A legal precedent was set in the case of Adobe vs. Southern Software Inc. (SSI). <ref name=autogenerated1 /> SSI had used the program, FontMonger to copy and rename fonts from Adobe and others. <ref name=autogenerated1 /> They assumed safety from prosecution because, though they had directly copied the points that define the shapes from Adobe's fonts, they had made slight adjustments to all the points so they were not technically identical. <ref name=autogenerated1 /> Nevertheless, it was determined that the computer code had been copied. <ref name=autogenerated1 /> |
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== Typeface vs. Font == |
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A [[typeface]] is "a set of letters, numbers, or other symbolic characters, whose forms are related by repeating design elements consistently applied in a notational system and are intended to be embodied in articles whose intrinsic utilitarian function is for use in composing text or other cognizable combinations of characters."<ref name=CopyrightAndInnovation>{{cite journal|last=Lipton|first=Jacqueline D.|title=To © or Not to ©? Copyright and Innovation in the Digital Typeface Industry|journal=UC Davis Law Review|year=2009|month=November|volume=43|issue=1|pages=1-36|url=http://lawreview.law.ucdavis.edu/issues/43-1_Lipton.pdf|accessdate=21 October 2010}}</ref> On the other hand, a [[font]], is "an article in which a typeface resides as the implement of printing technology, regardless of the medium or form."<ref name=CopyrightAndInnovation/> |
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== See Also == |
== See Also == |
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Revision as of 02:42, 28 October 2010
Fonts and typefaces are the intellectual property of type designers who create them.[1] Stealing these fonts is known as digital font theft. The frequency of this kind of theft was increased by the growth in popularity of the Personal Computer and the Internet.[1] The Software Publishers Association estimates that for each font licensed, there are at least six illegal copies in use.[1] An Association Typographique Internationale member puts the figure at 20 or more for some fonts.[1]
Licensing
The basic standard for digital font use is that a license is required for each individual font or typeface used on a computer.[2] Under the license, typically, fonts are licensed only for use on one computer. These End User License Agreements (EULAs) generally state that fonts may only be used on machines that have a valid license. [2] Also, these fonts cannot be shared by multiple computers or given to others. These licenses can be obtained in three ways: directly from the font vendor (e.g., Adobe), as part of a larger software package (e.g., Microsoft Office), or downloading the font from a website (e.g., dafont.com).[2]
Protection
There are three ways that fonts can be protected: trademarks, design patents and copyrights. [2] Their purpose is to keep non-licensees from copying the fonts in any way. [2]
Trademarks
The trademark system is the weakest form of protection because only the font name itself is being protected. For example, the letters that make up the trademarked font Palatino can be copied but the name must be changed.[2]
Design Patent
A design patent is the strongest system of protection but the most uncommon. It is the most expensive and the most involved form of protection. It is the only US legal precedent that protects the actual design (the design of the individual shapes of the letters) of the font.[2]
Copyright
The copyright system is the most commonly used form of protection. It is also the most vague and the most difficult to enforce.[2] The Copyright Act of 1976 gives copyright protection to work defined as, “pictorial, graphic, and sculptural”.[3] "Pictorial, graphic, and sculptural works” include two-dimensional and three dimensional works of fine, graphic, and applied art; photographs, prints and art reproductions; maps, globes, charts, diagrams, models, and technical drawings, including architectural plans.[3]A typeface or font does not technically fall under this description.[3] Computer fonts are protectable under copyright; see Adobe Systems, Inc. v. Southern Software, Inc..
Policy Issues
In October of 2009, a $2 million copyright infringement lawsuit was filed in the U.S. District Court by Font Bureau. [4] They charged NBC, the television network, with neglecting to secure rights of fonts used on The Jay Leno Show and Saturday Night Live. [4] According to the suit, NBC used three of Font Bureau's trademarked fonts in their marketing campaign. [4] They purchased one software license and distributed copies of fonts called, Bureau Grotesque, interstate and Antenna. [4]
From 1993 to 1995, Bitstream and four other type companies successfully sued SWFTE for copyright infringement.[2] SWFTE was using special computer programs to take other typefounders' fonts, convert them and give them new names. [2] The case focused on the fact that SWFTE had used Bitstream's software to create these new fonts. [2]
A legal precedent was set in the case of Adobe vs. Southern Software Inc. (SSI). [2] SSI had used the program, FontMonger to copy and rename fonts from Adobe and others. [2] They assumed safety from prosecution because, though they had directly copied the points that define the shapes from Adobe's fonts, they had made slight adjustments to all the points so they were not technically identical. [2] Nevertheless, it was determined that the computer code had been copied. [2]
See Also
References
- ^ a b c d Karol, Michael. "ATYPI Aims to End Font Piracy". Graphic Arts Monthly. 1992
- ^ a b c d e f g h i j k l m n o Gaultney, Victor (October 31, 2003). "Font Licensing and Protection Details". Sil International and UNESCO. Retrieved October 23, 2010.
- ^ a b c Copyright Laws of the United States. Circular 92. 2009
- ^ a b c d Haley, Allan. "Where Did You Get Your Fonts? A $2 million suit against NBC over three fonts is a reality check on managing licenses." 2009