Wikipedia:Logo Copyright/Trademark/Typeface
Various rules limit the protection of copyright under United States law for related sets of fonts known as typefaces.
Typeface[edit]
Definition[edit]
"Typeface" is a term defined by the House Report of the 1976 revision of the Copyright Act as follows:
"...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."[1]
Common vernacular terms such as "font" and "text" are, therefore, generally analogous to "typeface".
Copyright eligibility[edit]
Works with an "intrinsic [utilitarian] function" are not eligible for copyright; per the Code of Federal Regulations:
“(c) If the sole intrinsic function of an article is its utility, the fact that the article is unique and attractively shaped will not qualify it as a work of art. However, if the shape of a utilitarian article incorporates features, such as artistic sculpture, carving, or pictorial representation, which can be identified separately and are capable of existing independently as a work of art, such features will be eligible for registration.”[2]
For example, the design of any given car contains a substantial amount of effort, creativity and other artistic input. The artistic elements, however, cannot be separated from the vehicle and cannot exist independently. A car, therefore, is considered a "useful article" ineligible for copyright. Typeface is also considered a "useful article".
- Eltra Corp. v. Ringer sets forth:
"Under Regulation 202.10(c) it is patent that typeface is an industrial design in which the design cannot exist independently and separately as a work of art. Because of this, typeface has never been considered entitled to copyright under the provisions of §5(g)."[3]
- United States Code Congressional and Administrative News sets forth:
"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"[4]
- The United States Copyright Office sets forth:
"...mere variations of typographic ornamentation, lettering, or coloring" ... [are generally not eligible for federal copyright protection]"[5]
There appears to be a misconception on Wikipedia and the Commons that only standard/publicly-available/etc typefaces (e.g. Times New Roman font, Verdana font, etc.) are ineligible for copyright protection. There is no support for this belief. If text falls within the definition of typeface above, it is generally not considered eligible for copyright; no consideration is given to prevalence or dispensation.
Examples[edit]
Consider the following images:
Both logos are stylized (i.e. contain artistic input): The IBM logo contains a striped pattern; and the Coca-Cola logo consists of a relatively ornate/stylized letter design. Both logos employ different colors. Despite the obvious artistic input, these logos are still "set[s] of letters...whose forms are related by repeating design elements...intended to be embodied in articles, whose intrinsic utilitarian function is for use in composing text or other cognizable combinations of characters." Indeed, they are typefaces and thus, per the above, ineligible for copyright. "Mere variations of typographic ornamentation, lettering, or coloring" are not generally eligible for copyright protection.
Notes[edit]
- ^ U.S. Code Congr. & Admn. News, 94th Congress, 2d Sess. (1976) at 5668
- ^ §202.10(c), Chapter 37 of Code of Federal Regulations
- ^ Eltra Corp. v. Ringer, 579 F.2d 294, 298 (4th Cir. 1978)
- ^ U.S. Code Congr. & Admn. News, 94th Congress, 2d Sess. (1976) at 5668-9
- ^ "Copyright Basics: What Is Not Protected by Copyright?" (PDF). United States Copyright Office. p. 3. Retrieved March 9, 2010.