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Font copyright


Typefaces, fonts, and their glyphs raise intellectual property considerations in copyright, trademark, design patent, and related laws. The copyright status of a typeface—and any font file that describes it digitally—varies between jurisdictions. In the United States, the shapes of typefaces are not copyrightable, though the shapes may be protected by design patent (though these are rarely applied for, the first US design patent ever awarded was for a typeface). Typefaces can be protected in other countries, including the UK, Germany, and France, by industrial design protections that are similar to copyright or design patent in that they protect the abstract shapes. Additionally, in the US and in some other countries, computer fonts—the digital instantiation of the shapes as vector outlines—may be protected by copyright on the computer code that produces them. The name of a typeface may also be protected as a trademark.

The idea that typefaces (rather than fonts) cannot be copyrighted in the United States is a well-settled law with a long history. Based upon the decision in Eltra Corp v. Ringer, and the clear and explicit actions of Congress, the status quo regarding typeface copyright has remained unchanged. Under U.S. law, typefaces and their letter forms or glyphs are considered to be utilitarian objects whose utility outweighs any merit that may exist in protecting their creative elements. Typefaces are exempt from copyright protection in the United States (Code of Federal Regulations, Ch 37, Sec. 202.1(e); Eltra Corp. vs. Ringer).

In 1988, the Copyright Office published a report titled, Policy Decision on Copyrightability of Digitized Typefaces, which explains: "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 1976. The 1976 House Report states: A "typeface" can be defined as a set of letters, numbers, or other symbolic characters, whose forms are related by repeating design elements consistently applied in a notational system, and are intended to be embodied in articles whose intrinsic utilitarian function is for use in composing text or other cognizable combinations of characters. The Committee does not regard the design of typeface, as thus defined, to be a copyrightable "pictorial, graphic, or sculptural work" within the meaning of this bill and the application of the dividing line in section 101 [H.R. Reg. No. 1476, 94th Cong., 2nd Sess 5 (1976)].


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