224 lines
9.6 KiB
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224 lines
9.6 KiB
Plaintext
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Msg#: 3684 *VENTURA*
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11-30-89 19:14:00
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From: SID ROGERS
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To: ALL
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Subj: SOFT FONT FREEDOM PART 1
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Mark Schallow, sysop of FONTASY BBS, Alexandria, VA, passed along this file
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which I'd like to share with you
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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
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US COPYRIGHT OFFICE RULES FONT SOFTWARE NOT COPYRIGHTABLE
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A Victory for American Freedom of the Press
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BELOW IS THE OFFICIAL SUMMARY of the US Copyright Office's September
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1988 determination that font software is not copyrightable (For
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6 pages of full text, see the Federal Register reference). This
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decision extended to font software the long-standing Copyright Office
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policy and clear intent of Congress that letterforms in general are
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not copyrightable. The implication is that font software in the form
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of bit maps, metric files, parametric outline descriptions, and so on
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may be freely copied; and that any copyright asserted by the
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originator is nonsense and in fact may endanger the copyright on
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associated software. The Copyright Office upholds the decision as
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necessary to freedom of the press, since if fonts were protected by
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copyright, virtually nothing could be copied since most documents use
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licensed fonts. It appears to me that computer users are not widely
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taking advantage of the benefits of this decision, probably because
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it has not gotten much publicity. OF COURSE THE FONT PUBLISHERS
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CHARGING AS MUCH AS HUNDREDS OF DOLLARS FOR A SINGLE FONT DO NOT WANT
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YOU TO KNOW ABOUT THE STATE OF AFFAIRS. While fonts may be freely
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copied, some restrictions do apply to ancillary items. Computer
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programs to generate fonts ARE copyrightable like any ordinary
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software, except to the extent that they contain data for the fonts.
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Thus a font scaling program is copyrightable, but the font outlines
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used by such a program would not be, nor would the bit map or metrics
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output from the program. Another restriction arises when using
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trademarks like "Helvetica" without permission of the owner. For
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example, you can copy the Helvetica font but you cannot call it
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Helvetica, because that name happens to be a trademark. Perhaps users
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could standardize on some public-domain "code names" for the trademark
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names of popular fonts. I have seen some software publishers using
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their own names for "clone" font software with a note like, "similar
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to Helvetica" and a fine-print trademark acknowledgement. That is,
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they hint that you are getting Helvetica, while skirting the trademark
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issue with the "similarity" language. Or, they use a synonymous name
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(like "Swiss" for "Helvetica"). Whether these tricks would really
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protect you against trademark infringement if you tried to peddle
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third-party fonts is an unsettled matter. Still other restrictions
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on your copying font software apply if you have signed a license or
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other contract with the font publisher whereby you agreed to limit
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your copying of the fonts. Such a license might conceivably prevent
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you from copying or selling font software sold to you by given
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publisher. But anyone else whe has not signed such a contract and has
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gotten possession of a font could copy it freely, even if that
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publisher only distributes its fonts to licensees. The same would
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apply to attempts at trade secret protection, although it is hard to
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see how a font could be protected as a trade secrect since to use it
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is to disclose it. Bulletin board sysops probably should check the
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truth of what I am saying with a "competent legal advisor" before
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they start a bonanza of font uploading. Standard disclaimer: I am
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not a lawyer. However, when you read the summary below and look up
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the full text in the Federal Register, I am confident you will agree
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that the decision is clear and direct to the effect that fonts may be
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freely copied. I hope that this will permit us as users to start
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sharing fonts through all convenient means. Richard Kinch, Kinch
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Computer Company, 501 S Meadow St, Ithaca, NY 14850, Telephone (607)
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273-0222 FAX (607) 273-0484
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*** more ***
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--- ConfMail V4.00
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* Origin: (c)1989 Rogers & Blake (508)352-7603 (1:324/120)
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Msg#: 3913 *VENTURA*
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12-01-89 10:27:00
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From: JOHN LULL
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To: SID ROGERS
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Subj: REPLY TO MSG# 3684 (SOFT FONT FREEDOM PART 1)
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SR> Mark Schallow, sysop of FONTASY BBS, Alexandria, VA, passed along this
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SR> file which I'd like to share with you
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SR>
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SR> =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
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SR>
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SR> US COPYRIGHT OFFICE RULES FONT SOFTWARE NOT COPYRIGHTABLE
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SR>
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SR> A Victory for American Freedom of the Press
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SR>
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SR> BELOW IS THE OFFICIAL SUMMARY of the US Copyright Office's September
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SR> 1988 determination that font software is not copyrightable (For
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*Very* interesting.
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I notice this was published before ratification of the Berne convention. Do
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you know if the situation has changed as a result of ratification?
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--- msged 1.99S ZTC
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* Origin: "Aether Forge" -- the Windsmith BBS (1:103/322.4)
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Msg#: 4615 *VENTURA*
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12-03-89 12:47:00
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From: SID ROGERS
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To: JOHN LULL
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Subj: REPLY TO MSG# 3913 (SOFT FONT FREEDOM PART 1)
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> SR>
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> SR> US COPYRIGHT OFFICE RULES FONT SOFTWARE NOT COPYRIGHTABLE
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> SR>
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> *Very* interesting.
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>
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> I notice this was published before ratification of the Berne convention.
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> Do you know if the situation has changed as a result of ratification?
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John,
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I've been trying to find any current info I can get my hands on RE: Berne
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Convention and cannot seem to find anything current. I've looked at or bought,
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sight unseen, new books dealing with copyrights and none I've found so far have
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dealt with the changes or explored the implications.
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I haven't yet checked my local library to see if the Federal Register is
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available. If so, I'll scan in the full 6 pages and make it available here for
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FREQ.
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If any one has an update to this ruling please share it with us all :)
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--- Sid ---
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--- ConfMail V4.00
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* Origin: (c)1989 Rogers & Blake (508)352-7603 (1:324/120)
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Msg#: 3685 *VENTURA*
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11-30-89 19:18:00
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From: SID ROGERS
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To: ALL
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Subj: SOFT FONT FREEDOM PART 2
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=----------------------------------------------------------------------
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From the Federal Register, Vol 53, No 189, Thursday, September 29,1988
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=----------------------------------------------------------------------
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Copyright Office (Docket No. 86-4)
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Policy Decision on the Copyrightability of Digitized Typefaces.
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Agency: Copyright Office, Library of Congress.
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Action: Notice of policy decision.
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SUMMARY: The purpose of this notice is to inform the public that the
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Copyright Office has decided that digitized representations of
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typeface designs are not registrable under the Copyright Act because
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they do not constitute original works of authorship. The digitized
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representations of typefaces are neither original computer programs
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(as defined in 17 USC 101), nor original databases, nor any other
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original work of authorship. Registration will be made for original
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computer programs written to control the generic digitization process,
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but registration will not be made for the data that merely represents
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an electronic depiction of a particular typeface or individual
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letterforms. If this master computer program includes data that fixes
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or depicts a particular typeface, typefont, or letterform, the
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registration application must disclaim copyright in that uncopyright-
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able data.
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EFFECTIVE DATE: September 28, 1988.
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--- ConfMail V4.00
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* Origin: (c)1989 Rogers & Blake (508)352-7603 (1:324/120)
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Msg#: 3686 *VENTURA*
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11-30-89 21:09:00
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From: SID ROGERS
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To: ALL
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Subj: SOFT FONT FREEDOM PART 3
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(Oops ...... part of part 2 was truncated)
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=---------------------------------------------------------------------
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[Excerpts from the full text:]
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=---------------------------------------------------------------------
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...Variations of typographic ornamentation [or] "mere lettering" are
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not copyrightable.... "It is patent that typeface is an industrial
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design in which the design cannot exist independently and separately
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as a work of art." [Eltra Corp v. Ringer, 579 F.2d 294 (4th Cir.
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1978)]. The decision in Eltra Corp. v. Ringer clearly comports with
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the intention of the Congress. Whether typeface designs should be
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protected by copyright was considered and specifically rejected by
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Congress in passing the Copyright Act of 1978.
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...Before the advent of digitized typeface technology, arguments were
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made that, in creating new typeface designs, artists expended
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thousands of hours of effort in preparing by hand the drawings of
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letters and characters that ultimately would lead to the creation of
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an original type face design. After several years of consideration
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and a public hearing, the Copyright Office found that this effort did
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not result in a work of authorship.
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... There are fewer authorship choices involved in transforming an
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existing analog typeface to an electronic font than in using the
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digitization process to create a new typeface design. Yet clearly
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the typeface design and the process of creating it are uncopyrightable
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whether the process is digital or analog.
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... Typeface users ... in accordance with a congressional decision
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not to protect typefaces, are entitled to copy this uncopyrightable
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subject matter.
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... The congressional decision ... reflects a concern about
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inappropriate protection of the vehicles for reproducing the printed
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word.
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The previous provided courtesy of Mark Schallow, Sysop, Fontasy BBS,
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Alexandria, VA (703)683-7981.
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--- ConfMail V4.00
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* Origin: (c)1989 Rogers & Blake (508)352-7603 (1:324/120)
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