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Msg#: 3684 *VENTURA*
11-30-89 19:14:00
From: SID ROGERS
To: ALL
Subj: SOFT FONT FREEDOM PART 1
Mark Schallow, sysop of FONTASY BBS, Alexandria, VA, passed along this file
which I'd like to share with you
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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
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* Origin: (c)1989 Rogers & Blake (508)352-7603 (1:324/120)
Msg#: 3913 *VENTURA*
12-01-89 10:27:00
From: JOHN LULL
To: SID ROGERS
Subj: REPLY TO MSG# 3684 (SOFT FONT FREEDOM PART 1)
SR> Mark Schallow, sysop of FONTASY BBS, Alexandria, VA, passed along this
SR> file which I'd like to share with you
SR>
SR> =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
SR>
SR> US COPYRIGHT OFFICE RULES FONT SOFTWARE NOT COPYRIGHTABLE
SR>
SR> A Victory for American Freedom of the Press
SR>
SR> BELOW IS THE OFFICIAL SUMMARY of the US Copyright Office's September
SR> 1988 determination that font software is not copyrightable (For