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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.
-
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- [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.
-
-
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