[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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