[Openfontlibrary] "Fonts are protected are artistic works in the UK"

Christopher Fynn cfynn at gmx.net
Thu Nov 6 22:08:58 PST 2008


From: <http://www.gillhams.com/articles/352.cfm>

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Typefaces, Fonts and Characters - Intellectual Property Protection in 
the United Kingdom

Mechanically produced fonts and the characters comprising fonts are 
protected under UK law as typefaces. The legal definition for typefaces 
incorporates letters, numerals and ornamental motifs. Fonts and 
typefaces created for PCs, Apple computers and Linux systems however are 
protected are artistic works in the UK.

Electronically Created Typefaces

What is not made clear in the Act, but follows from basic principles of 
copyright is that electronically created fonts are protected by 
copyright, provided they are original. The protection is an indirect 
means of protecting the individual characters.

Fonts are delivered in TrueType font, OpenFonts [sic] or PostScript 
formats. Each of these font formats are delivered as electronic files 
for installation on a Windows, Apple or Linux operating systems. These 
files qualify as literary works for the purposes of Part I of the 
Copyright, Designs and Patents Act 1988 UK. Reproductions of these files 
must exist on the computer in order to be used as part of an 
application, such as InDesign, OpenOffice or Microsoft Word. The 
existence of these files in themselves are infringements, as the file 
has been copied in its entirety and is reproduced in the computer. Other 
qualifying criterion for copyright protection must be proved such as 
originality, (which is a low threshold test for protection under 
copyright law) in order to be successful in a claim for copyright 
infringement.

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