The font pirates vs. Adobe: A victory for the good guys - Print Clearly - Company
Business and Marketing - Column
MacWeek , Feb 16, 1998 by Kathleen Tinkel
Type designs aren`t protected by copyright in the United States. This circumstance
has created an opportunity for font cloners -- any typeface they can see, they can
legally copy. It`s not that easy, of course. Duplicating an existing design by tracing
over scanned-in images takes a lot of time, and even mediocre results require at
least some skill. And they can`t use the original font`s well-known name because
that is protected by trademark.
A few years ago, a couple of knockoff houses decided to save time by using over-the-counter
font-editing software to open commercial fonts and generate new fonts under their
own brand name. Most made a few changes in the width or proportion of the letters,
but the result was a fairly straightforward copy of the character outlines.
SoftKey International (now The Learning Co.) and its supplier Southern Software
Inc. decided to try this trick on some 1,100 fonts from Adobe Systems Inc. They
copied font software from Adobe (and others) and sold it cheaply in large collections.
One of these, SoftKey`s Key Fonts Pro CD with 1,555 fonts, cost about $30 on the
street, for example.
Although the letter designs can`t be copyrighted, computer software is protected,
so Adobe took the cloners to court. On Feb. 2, it won -- not everything, but a substantial
victory. Judge Ronald M. Whyte of the U.S. District Court for Northern California
determined that Adobe`s font software meets two tests of copyrightability: (1) They
are original works of authorship; and (2) placement of the points in font-editing
software is a "creative act" in copyright terms.
An important principle
This doesn`t change the copyright law -- letter shapes are still not eligible
for protection. But it separates the unprotected visual shapes of the letters from
the computer code used to create the curves and lines on screen and paper, and it
gives type designers and font manufacturers a tool for prosecuting those who make
unauthorized copies of their designs. This decision drives cloners back to older,
tedious and uneconomical methods of copying.
Users should be happy about this decision. While it clearly benefits Adobe and
other large foundries, it will also protect the small, independent designers who
provide some of the most innovative and interesting fonts on the market. It`s also
a victory for creative professionals everywhere, as it upholds the principle of
giving fair credit to those who create visual imagery of all kinds.
Not over yet
Adobe based its case on one type design, Utopia. It now must demonstrate that
the same process was used to create the hundreds of other fonts in the case. And
the plaintiffs have promised to appeal. But Judge Whyte`s clear, careful reasoning
seems likely to survive the appeals process.
Kudos to Adobe for persisting with this historic court case, as most earlier
cases have been settled out of court. n
Graphic designer Kathleen Tinkel welcomes comments at ktinkel@compuserve.com.
COPYRIGHT 1998 Mac Publishing
COPYRIGHT 2000 Gale Group
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