Re: Typographic copyright (was: Emory HTML claim)

On Sun, 24 Mar 1996, Maurice Robinson wrote:
>
> On Wed, 20 Mar 1996, Martin Perlberger wrote:
> > >
> > > Terry Carroll wrote:
> > >
> > > a document using that font without permission to use the font? If I
> > > want to photocopy a journal article, do I now have to worry about
> > > identifying and contacting the font owner as well as the author for
> > > permission?
> >
> > Why not? What is the difference with quoting a line from a poem in
> > an otherwise unrelated article?
>
> Which is probably a primary reason why the copyright office denied
> protection to typefaces in the first place.

Actually, the Copyright Office theory is that a typeface design is a design for a "useful article" (the font), and that it is not sufficiently separable from the utilitarian function to qualify as a work of authorship.

> The difficulties which
> would result from trying to track down font copyrights so as to get
> permissions or to pay royalty fees would end up forcing all
> reproduction of text to occur by scanning and retypesetting with
> fonts one owns, simply to eliminate the "font problem". Fair use
> and "with permission" photocopying regardless of font issues is a
> far better option, and the copyright office should be applauded for
> their decision.

If that were the Copyright Office's rationale, its refusal to register based on that rationale would be an abuse of discretion. It is not for the Copyright Office to decide that a work is subject to copyright, but that the Office will nonetheless refuse to register the work because of the Office's belief that enforceablity is difficult. That would be far outside the Copyright Office's statutory role. However, that isn't the Copyright Office's position, and, while I believe that its categorical exclusion of typefaces as subject matter of copyright is not wellfounded,  I don't believe that it's the abuse of discretion that exclusion based on perceived enforcement difficulties would be.

--
Terrence J. Carroll 
Attorney at Law                                      ph: 415/843-5090
Cooley Godward Castro Huddleson & Tatum             fax: 415/843-0663
Five Palo Alto Square            email (office): carrolltj[_at_]cooley.com
Palo Alto, CA 94306-2155         email (personal):    carroll[_at_]tjc.com