Intellectual property protection of typefaces

The legal protection of typographic designs concerns the following aspects:

• The protection of the typographic appearance of a font
• The protection of "Fonts" ( computer fonts) that implement a font
• To protect the design of typesetting and music engraving image
• The protection of handwritten fonts and designs

It is not easy to distinguish between these aspects. Significant are the legal problems if the aspects are formulated in question form:

• Can a specific font be used to set a text to be published in order or shape?
• Must be an existing typographical taken for public use (such as a reprint)?
• Can a handwritten font or other designed site be used?

For specific application cases is always the protection of the font from the protection of the font image generated with her and the protection of the text thus shown to differ.

Typographic fonts

Appearance of a font

In Germany the character protection is subject to design protection. Only in exceptional cases may be of a copyright protection of fonts mentioned. The Federal Court held as follows:

"Even for ordinary use certain fonts (so-called bread fonts) can enjoy art protection. Relevant for assessing whether a use writing a work of art, but are not the particular aesthetic subtleties of Scripture, which alone is a trained handwriting expert connoisseur herauszufühlen able but the aesthetic impression which the Scriptures when comparing its overall image with known writings familiar with matters of art and susceptible to the call of the laity art conveys. "

As a result, he has the copyright protection capability of characters but denied in all cases decided.

In use or bread writings of protection differs according to the Copyright Act, which runs for 70 years after the death of the type designer (see rule protection period ), practically. Even with the so-called decorative fonts it is given only in exceptional cases.

The law of Switzerland, the country of origin of the rods passing Swiss typography (see eg Frutiger ), denied text fonts copyright protection.

Would you recognize a copyright protection of typographic fonts, so if you had the right dogmatic problem that the font protection according to the wording of the copyright laws refers to any reproduction of protected characters, including the reproduction thus set texts, but this is clearly not the intention. One would have to assume an unwritten barrier of copyright or anyone who copies a relevant book page View as licensee.

The Act on the Vienna Convention of 12 June 1973 on the protection of type faces and their International Registration ( character Act) of 6 July 1981 ( BGBl.II p. 382) informed the Federal Republic of Germany, the Vienna Convention of 12 June 1973 on the protection of type faces and their international Deposit including the Implementing Regulations to. This states that the period of protection is 10 years initially and may be extended to a maximum of 25 years.

The massive lobbying the Association Typographique International ( ATypI ) that have been made Vienna Convention bears the English title Vienna Agreement for the Protection of Type Faces and Their International Deposit. Among the 10 first signatories states did not count the host nation Austria, but probably Switzerland. Liechtenstein was a little later. The Agreement has not yet entered into force, since only two countries ( Germany and France) have ratified it.

In the U.S. and most other countries, no comparable legislation in force. However, lobby groups work because largely to protect fonts law. Especially systematic plagiarism (font imitations ) are the companies that license writings, an eyesore. In a sensational method of a registered Community design of Microsoft Segoe UI in 2006 was annulled. The writing is closely based on the Frutiger.

After the official justification for the character law, the prohibition law of the right holder should not extend to the distribution of the texts in principle; by a too far-reaching effect on sales should be prevented in bookstores. Meanwhile, however, which entered into force June 1, 2004 Design Act has replaced the previously applicable Design Act and the corresponding provisions of the law character, so that this controversial from the start argument can be considered obsolete; see also " My rights as author " by Gernot Schulze, Beck- Legal Adviser at dtv, 5th edition, 2004: " The owner of the design of the characters so it can prevent the spread of books and other printed materials that are printed in the proof font and take action against other uses of Scripture. "

Fonts

The question of whether it is a computer program with a font is controversial, but is crucial for copyright protection. For a computer program for the protection (§ § 69a et seq Copyright Act) required level of creation is less than one of artistic creation. In 2000 followed a court considers a German font manufacturer, it was stated that fonts to computer programs. In a commentary, the program property is being made ​​thereby hinting at the (improving the screen display in small representation sizes). But if it were only a personal- spiritual creation if the designer program my hinting itself. In practice, the hinting but is often automatically generated and manually edited.

Despite the dispute, there is no recent judgment on this issue. In current fonts in OpenType format complex typographic features in this font can be programmed, which should make the program attribute of fonts likely today.

TRADEMARK

Is the name of the font protected as a trademark, so its distribution can only be prevented under this name, if there is no protection under the law character. For example, the Helvetica was designed in 1957 and introduced in 1961 on the market. Helvetica is a trademark of Linotype, the appropriate fonts of CorelDraw therefore can not bear this name, but called Swiss or Switzerland.

Regardless of the item design discussed forming legal problem it is assumed that the projection of any text that is set in a protected font, does not fall within the prohibition law of the copyright holder. The legal protection refers to the use of the font ( offer for download, create the text sentence, etc. ), not to the use of created with this font texts.

How it behaves with the performance of signature patterns of protected fonts, is not clear. In general, they should not be a problem, at least for a non-commercial purpose.

Free fonts

With the advent of open source, there was also the need for free fonts ( see open source font ) as the Linux Libertine.

The Nimbus Roman No9 L by URW is released into the public domain PostScript version of Times Roman.

Who wants to share a newly developed written in Germany, must expressly grant a patent license, as the Scripture by the Community Design Europe enjoys an automatic, free, not subject to registration, protection of three years duration.

Typographically set texts

Its own protection the typographical design of a text does not know the law in most EU countries. If not covered by other legislation, it is readily permits, to reprint a ( public domain ) text, which is printed in a book as a facsimile or publish on the Internet. Conflicting Legal notices are usually assessed as Copy Fraud.

In some countries - especially in the UK - there is a protection for the typographic design in favor of the publisher, which is to prevent it, that reprints of public domain fonts made ​​in facsimile form. Reprints of copyrighted works may be already challenged by means of copyright.

The British Protection of Typographical arrangement of published editions consists of 25 years from the end of the calendar year in which the work was first published. This is also true in Australia, New Zealand, Jamaica and Hong Kong, while in Ireland and South Africa, the protection period is even 50 years. As a former world power the United Kingdom is able to export in some other countries, this specific regulation.

This kind of protection for the typographic design of a work is, however, outside the Commonwealth known, such as in Indonesia, where the term of protection also is 50 years since the publication of the edition.

A publisher who wants to invoke this protection must submit in one of the countries lament that provide this protection. Other EU member states are not obliged to respect these national characteristics of the United Kingdom and Ireland.

In Germany, it comes in the competitive assessment of the reprinting of a public domain work that is offered by a publisher itself as a reprint, to the circumstances of the case to Supreme Court (BGH - decision " Reprint "). Here also the payback period plays a role. The longer a provider had time to recoup its expenses again, the less impeding competition law competitors in a takeover. In the decision Reprint concerned a 1890/1902 published book, which was in 1962 entered the public domain and the appearance of the reprint (1963 ) had already been out of print 12 years. The coveted protection was rejected.

Music engraving pictures

In general, copyright protection of Note images is not given. The Federal Court went into his decision Sheet stitch images of 1986 ( I ZR 98/84, IIC 1986, 895, also online) not by a copyright protection of music engraving from. He rejected a competitive legal protection for manufactured more than 50 years ago music engraving pictures. That case involved more than 100 titles of public domain music.

Although forbidden to § 53 of the Copyright Act strictly copying notes, but this refers to the protection of music. Notes unprocessed public domain works can not be copied. The Munich District Court sentenced on 29 September 1995 the reprinting public domain foreign notes for § § 1 and 3 UWG old version, because the attached copyright notice of him was misleading.

Critics see in the actions of the publishers, to criminalize copying also public domain scores, a transparent attempt an adequate defense. From the above judgment of the Federal Court is not apparent that music engraving images that are younger than 50 years, are considered to be protected, nor that the scope of the UWG is opened by a concert that is performed for profit.

The worldwide movement that wants to digitize public domain sheet music, so that a free of the commercial offerings of publishers access is possible, runs under the label Free Sheet Music.

Handwritten fonts and designs

Barely legal is not yet clarified the protection of handwritten fonts and designs.

Although the signature is a reflection of individuality, but Autographs are no personal intellectual creations within the meaning of the Copyright Act and therefore not protected ( they do not press any thoughts ). Protection under other regulations (eg as figurative ), however, can certainly be considered.

Is a normal hand written text is not copyrighted as text, you can not avoid relying on the copyright protection of typeface design its publication.

Otherwise it can behave in calligraphic designs. As the designs can be seen below level of creativity, one must pay attention to whether an artistically designed sheet use a purpose which is therefore a work of applied art. If this is the case, then higher demands on the level of creativity are permitted. A designed by a graphic decorative certificate that has no special characteristics other than the shape of the characters, should not be protected by copyright as a rule.

If traditional fonts used (see Western calligraphy ), these are in the public domain because of their age. Usually you will not be able to assume that adaptation to the present represents its own creative power.

In artistic calligraphy, which serves no purpose of use, the little coin in appropriately designed font leaves is to start from a copyright protection with the protection. Will another calligrapher, however, take the form of a single letter, as this will be allowed in the rule, for the protection of the document sheet is derived from the overall impression as a graphic. Only insofar as the individual letter is self- protected, it may not be copied. In fact comes in particularly failed decorated letters (eg decorative initials ) copyright protection into consideration. Had the late medieval Master ES less than 70 years dead, so you would have to consider his character alphabet as a protected work of visual arts within the meaning of § 2 of the Copyright Act.