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- US COPYRIGHT OFFICE RULES FONT SOFTWARE NOT COPYRIGHTABLE
- A Victory for American Freedom of the Press.
-
-
- BELOW IS THE OFFICIAL SUMMARY of the US Copyright Office's September 1988
- determination that font software is not copyrightable (For 6 pages of full
- text, see the Federal Register reference). This decision extended to font
- software the long-standing Copyright Office policy and clear intent of
- Congress that letterforms in general are not copyrightable. The implication
- is that font software in the form of bit maps, metric files, parametric
- outline descriptions, and so on may be freely copied; and that any copyright
- asserted by the originator is nonsense and in fact may endanger the copyright
- on associated software. The Copyright Office upholds the decision as necessary
- to freedom of the press, since if fonts were protected by copyright, virtually
- nothing could be copied since most documents use licensed fonts.
-
- It appears to me that computer users are not widely taking advantage of the
- benefits of this decision, probably because it has not gotten much publicity.
- Of course the font publishers charging as much as hundreds of dollars for a
- single font do not want you to know about the state of affairs.
-
- While fonts may be freely copied, some restrictions do apply to ancillary
- items. Computer programs to generate fonts ARE copyrightable like any
- ordinary software, except to the extent that they contain data for the fonts.
- Thus a font scaling program is copyrightable, but the font outlines used by
- such a program would not be, nor would the bit map or metrics output from the
- program.
-
- Another restriction arises when using trademarks like "Helvetica" without
- permission of the owner. For example, you can copy the Helvetica font but
- you cannot call it Helvetica, because that name happens to be a trademark.
- Perhaps users could standardize on some public-domain "code names" for the
- trademark names of popular fonts. I have seen some software publishers using
- their own names for "clone" font software with a note like, "similar to
- Helvetica" and a fine-print trademark acknowledgement. That is, they hint
- that you are getting Helvetica, while skirting the trademark issue with the
- "similarity" language. Or, they use a synonymous name (like "Swiss" for
- "Helvetica"). Whether these tricks would really protect you against trademark
- infringement if you tried to peddle third-party fonts is an unsettled matter.
-
- Still other restrictions on your copying font software apply if you have signed
- a license or other contract with the font publisher whereby you agreed to
- limit your copying of the fonts. Such a license might conceivably prevent you
- from copying or selling font software sold to you by given publisher.
- But anyone else whe has not signed such a contract and has gotten possession
- of a font could copy it freely, even if that publisher only distributes its
- fonts to licensees. The same would apply to attempts at trade secret
- protection, although it is hard to see how a font could be protected as a
- trade secrect since to use it is to disclose it.
-
- Bulletin board sysops probably should check the truth of what I am saying with
- a "competent legal advisor" before they start a bonanza of font uploading.
-
- Standard disclaimer: I am not a lawyer. However, when you read the summary
- below and look up the full text in the Federal Register, I am confident
- you will agree that the decision is clear and direct to the effect that fonts
- may be freely copied. I hope that this will permit us as users to start sharing
- fonts through all convenient means.
-
- Richard Kinch
- Kinch Computer Company
- 501 S Meadow St
- Ithaca, NY 14850
- Telephone (607) 273-0222
- FAX (607) 273-0484
-
- ------------------------------------------------------------------------------
- From the Federal Register, Vol 53, No 189, Thursday, September 29, 1988.
- ------------------------------------------------------------------------------
-
- Copyright Office (Docket No. 86-4)
-
- Policy Decision on the Copyrightability of Digitized Typefaces.
-
- Agency: Copyright Office, Library of Congress.
-
- Action: Notice of policy decision.
-
- SUMMARY: The purpose of this notice is to inform the public that the Copyright
- Office has decided that digitized representations of typeface designs are not
- registrable under the Copyright Act because they do not constitute original
- works of authorship. The digitized representations of typefaces are neither
- original computer programs (as defined in 17 USC 101), nor original databases,
- nor any other original work of authorship. Registration will be made for
- original computer programs written to control the generic digitization
- process, but registration will not be made for the data that merely represents
- an electronic depiction of a particular typeface or individual letterforms.
- If this master computer program includes data that fixes or depicts a
- particular typeface, typefont, or letterform, the registration application
- must disclaim copyright in that uncopyrightable data.
-
- EFFECTIVE DATE: September 28, 1988.
-
- ------------------------------------------------------------------------------
- [Excerpts from the full text:]
- ------------------------------------------------------------------------------
-
- ...Variations of typographic ornamentation [or] "mere lettering" are not
- copyrightable.... "It is patent that typeface is an industrial design in which
- the design cannot exist independently and separately as a work of art." [Eltra
- Corp v. Ringer, 579 F.2d 294 (4th Cir. 1978)].
-
- The decision in Eltra Corp. v. Ringer clearly comports with the intention of
- the Congress. Whether typeface designs should be protected by copyright was
- considered and specifically rejected by Congress in passing the Copyright Act
- of 1978.
-
- ...Before the advent of digitized typeface technology, arguments were made
- that, in creating new typeface designs, artists expended thousands of hours of
- effort in preparing by hand the drawings of letters and characters that
- ultimately would lead to the creation of an original type face design. After
- several years of consideration and a public hearing, the Copyright Office
- found that this effort did not result in a work of authorship.
-
- ... There are fewer authorship choices involved in transforming an existing
- analog typeface to an electronic font than in using the digitization process
- to create a new typeface design. Yet clearly the typeface design and the
- process of creating it are uncopyrightable whether the process is digital or
- analog.
-
- ... Typeface users ... in accordance with a congressional decision not to
- protect typefaces, are entitled to copy this uncopyrightable subject matter.
- ... The congressional decision ... reflects a concern about inappropriate
- protection of the vehicles for reproducing the printed word.