[comp.fonts] Font Copyright Info

jeynes@adobe.COM (Ross A. Jeynes) (03/27/90)

It was suggested that I post the following file, since there was a lot
of confusion about the font copyright announcement when it happened.

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FONT PROGRAM COPYRIGHTING: QUESTIONS AND ANSWERS

Q: What exactly did Adobe copyright?  What does this mean?

A: Adobe received a copyright registration for a PostScript typeface
program, which is the series of software commands that describes to the
PostScript interpreter the shapes of the individual characters making up a
typeface.

This means that registered typeface programs now have the same legal 
protection under copyright laws as do other computer software programs, such 
as word processors or spreadsheets.

Q: Since Adobe copyrighted the typeface program does this mean other 
manufacturers can't make their own versions?

A: No.  Adobe did not copyright the series of characters or the shapes of 
the characters (the design of the typeface).  Under current U.S. Copyright 
Law, the typeface design itself is not a copyrightable work.  Adobe 
copyrighted its program that implements the typeface.  Other manufacturers 
are free to write their own programs that depict the same typeface, as long 
as they don't infringe on Adobe's typeface program.

Q: Why is this announcement special?  Hasn't it always been illegal to copy 
software?  How are typeface programs different?

A: Until this registration, the U.S. Copyright Office has refused to 
register copyrights for digital typefaces.  In its Policy Decision on 
Copyrightability of Digitized Typefaces dated September 29, 1988, the 
Copyright Office specifically ruled that digital typefaces were nothing more 
than a copy of the underlying design, and represented no unique work of 
authorship.  Under that ruling, the status of typeface programs was unclear.

Q: Have other vendors tried and failed to register copyrights for their 
typeface programs before?

A: Yes.  A number of vendors, including Adobe, had previously tried to 
register copyrights for typeface programs and had not succeeded.

Q: What happened to change that?  What did Adobe do to get the typeface 
program registered this time around?

A: Adobe demonstrated to the Copyright Office that PostScript typeface 
software really is a computer program.  Adobe used its ITC Souvenir typeface 
program for this demonstration.  Adobe was assisted by Bitstream, Inc., 
which, for demonstration purposes, provided portions of its software program 
representing the same typeface.  By presenting two independently developed 
and quite different programs for the same typeface design, Adobe 
demonstrated the fact that the programs were indeed creative works of 
authorship covered by copyright law.

Q: Will Adobe, or other companies, have to go through the same process to 
register additional typeface programs?

A: Basically yes, although the process from now on should be much more 
routine.  This registration has clarified that typeface programs are indeed 
copyrightable.  As long as vendors can demonstrate that their products are 
computer programs, rather than uncopyrightable data, the process should be 
straightforward.

Q: Does this protect downloadable typeface programs only?  Does it extend to 
font programs in ROM as well?

A: Copyright protection extends to any computer program regardless of media.  
Font programs in ROM are covered.

Q: Isn't this a return to the old days when each typesetter vendor had 
proprietary typefaces and you had to buy their hardware to get their font 
library?

A: Not at all.  Since the PostScript language is a broad-based standard 
supported by dozens of manufacturers, including all the major typesetter 
companies, one version of a PostScript font program will run on any printer, 
typesetter or display device that supports Adobe's PostScript interpreter.  
Currently, there are over 70 products in the marketplace that support the 
PostScript language.

That same PostScript font program will also run on Adobe Type Manager
software.  That adds several dozen more output devices to the list.

Q: Is this the same as design protection?

A: No, this is copyright protection for the programs that represents the 
designs.  Under U.S. Copyright Law, type designs themselves are not 
copyrightable material.

Q: What is Adobe's position on design protection?

A: Adobe supports industry efforts to obtain industrial design protection 
for original typeface designs.  Granting protection to the designs would 
provide the incentive for more designs to be created.  We feel that this is 
to the benefit of the user and to the industry as a whole.

Q: At the Seybold Conference Adobe announced it would release the 
specifications for Type 1 PostScript language format, making it an "open" 
standard.  Now Adobe is copyrighting its font programs to make them closed 
and proprietary.  Aren't those two actions inconsistent?

A: No they're not.  The Type 1 specification is the documentation that 
describes the command structure used by the PostScript Type 1 font 
interpreter, including the hints and the encryption.  Anyone will be able to 
use that specification to make Type 1 programs of their own.  Using that 
specification, they'll be able to write their own font programs and now 
receive copyright registration for them as well.

However, as we announced at Seybold, we are not publishing our source code 
or our own product implementations.  It has been, and will continue to be, 
our intent to protect the intellectual property rights of our software 
programs.

Q: Does this impact the position of Adobe's Type 1 spec, or vendors' 
abilities to use it to create font programs of their own?

A: Yes.  It give others even more incentive to use the spec to create Type 1 
font programs, because now they'll have legal protection available for the 
intellectual property they create.

Q: Who stands to benefit from this?

A: The font vendor will benefit by having legal protection from software 
pirates.  Copyright protection provides financial incentive to produce more 
typeface programs and to focus on providing the best quality possible.  
Copyright protection encourages competition in the industry.

Increased competition, more typeface software, and better quality products 
all mean that the end-user benefits the most.

Q: Which typeface program did you copyright first?  Why?

A: Our first registration was for the ITC Garamond Light typeface program.  
We chose this one first because it is a very popular typeface.

Q: Are all of Adobe's typefaces now copyrighted?  When will that happen?

A: All of Adobe's typeface programs are protected under the U.S. Copyright 
Law.  Now that we've demonstrated that our products are indeed programs, 
registering the rest will be routine.  Although registration is not 
necessary for copyright protection, we expect to have copyright registration 
for the entire library soon.

Q: Does this mean that pirates have a "window of opportunity" to steal your 
software with impunity?  Do you have any protection from now until the 
programs are registered?

A: Pirates will still be liable.  Under copyright laws, any original work of 
authorship is automatically copyrighted.  Copyright registration, however, 
is a necessary formality for litigation to proceed, and can happen after the 
fact.  Pirates are liable even if the act of infringement happened before 
the registration took place.

Q: Did Adobe pursue this copyright with the goal in mind of suing specific 
companies or people who have been copying your software?  Do you know who 
those people are?

A: Adobe pursued this route in the normal course of business in order to 
protect a valuable asset.

Q: What are the financial implications for Adobe of copyrighting its font 
programs?  Does the copyright make them a more valuable asset?

A: We've always believed that our typeface programs were valuable assets.  
Copyright registration offers us greater legal protection for that asset.

Q: Are industry associations in favor of copyright registration?

A: The industry associations that we are aware of, including Professional 
PostScript Alliance and Typographers International Association, are strongly 
in favor.  They recognize that, in order for vendors to create products, 
they need the ability to protect the fruits of their labors.  Copyright 
protection for font programs provides this protection in a way that fosters 
competition.  The associations view this as good for the user as well as for 
the industry as a whole.

Q: As a user of typeface software, does this registration restrict my normal 
use of the fonts in any way?  Will this increase the prices I pay for 
typeface software?

A: This registration will only impact the software pirates, people who make 
copies of software rather than buy their own, or make and distribute 
unauthorized copies of font programs  that they buy, rather than develop 
their own typeface programs.  The typical user will not be affected.

Rather than increase prices for font programs, this will most likely lead to 
lower prices over time.  By giving manufacturers legitimate protection for 
their creative efforts, copyright registration provides motivation for 
production of more typeface programs, thereby increasing competition.

Q: Can a user customize Adobe typeface programs with programs such as 
Letraset's Studio?

A: The Copyright Law only permits an owner of a copy of a computer program 
to make or authorize the making of another copy or adaptation of that 
computer program provided that the new copy or adaptation is created as an 
essential step in the utilization of the computer program in conjunction 
with a machine and that it is used in no other manner.  Although the above 
use would not be permitted under the Copyright Law, Adobe has stated that it 
will permit sublicensees of Adobe typeface programs to modify the program(s) 
for his or her own use.  A sublicensee cannot, however, redistribute a 
modified version of the Adobe typeface program.

Q: Is it a copyright infringement for a user to include an Adobe typeface in 
an encapsulated PostScript (EPSF) file which is distributed electronically 
as clip art?

A: An EPSF file contains the description of an image in several formats:  a 
PostScript language code description; a bitmap description; and, optionally, 
other alternative descriptions.  It is not a copyright infringement to 
include a bitmap description of an Adobe typeface in the encapsulated 
PostScript file.  It is also not a copyright infringement to include a 
routine which asks for one or more characters from a named typeface in the 
PostScript language code description (e.g. /Helvetica findfont) so that the 
EPSF file will search to see if the typeface program is available in the 
raster device on which the EPSF file is being output.  However, it would be 
a copyright infringement to include all or any portion of an Adobe typeface 
program itself in the EPSF file which is distributed electronically as clip 
art.

Q: Is it a copyright infringement for a user of an Adobe typeface program to 
use a program like Altsys' Metamorphosis to (a) convert the Adobe typeface 
into a Type 3 typeface program or an EPSF file and (b) to import that file 
into Adobe Illustrator 88, modify the typeface for use as a logo and use the 
logo in a document?

A: Although the above use would not be permitted under the Copyright Law, 
Adobe has stated that it will permit sublicensees of Adobe typeface programs 
to use programs like Altsys' Metamorphosis to modify it for his or her own 
use.  However, it is a copyright infringement and a violation of Adobe's end 
user license to use a program like Metamorphosis to produce and distribute a 
different typeface design if the user modifies or copies the typeface 
program in the process of creating the design.

Q: Is it a copyright infringement if the user of the Adobe typeface program 
redistributes electronic copies of the file containing the above logo?

A: It would not be an infringement if the file contained a bitmapped 
representation of the typeface or included a routine which asked for one or 
more characters from a named typeface in the PostScript language code 
description (e.g. /Helvetica findfont) so that the file will search to see 
if the typeface program is available in the raster device on which the logo 
is being output.  However, it would be a copyright infringement to include 
all or any portion of an Adobe typeface program itself in the electronic 
file and to redistribute that file.

Q: Is it a copyright infringement if a user converts all of the characters 
in an Adobe typeface program using a program like Metamorphosis and then 
uses a program like Fontographer or Font Studio to produce a different 
design?

A: Although the above use would not be permitted under the Copyright Law, 
Adobe has stated that it will permit sublicensees of Adobe typeface programs 
to use programs like Metamorphosis, Fontographer and Font Studio to produce 
a different design for his or her own use within the scope of his or her 
license from Adobe (e.g. single printer or multiprinter use).  However, it 
is  a copyright infringement and a breach of Adobe's end user license 
agreement to use these programs to produce and distribute a different 
typeface design if the user modifies or copies the typeface program in the 
process of creating the design.

Q: Is it a copyright infringement for a user to convert an Adobe typeface 
program to a Royal or Folio format?

A: Although the above use would not be permitted under the Copyright Law, 
Adobe has stated that it will permit sublicensees of Adobe Typeface programs 
to convert it to a Royal or Folio format.

Q: Is it a copyright infringement if a user of the Adobe typeface program 
converts the program to a Royal or Folio format and redistributes copies of 
the resulting Royal or Folio format font?

A: Yes.

Q: Is it an infringement for a third party to create a Type 1 typeface 
program for a typeface for which Adobe has already created a Type 1 typeface 
program?

A: No.  It is only an infringement if the third party copies Adobe's 
typeface program in whole or in part.  Independent development of a typeface 
program for the same typeface is not precluded.

Q: How will Adobe monitor whether a third party typeface program infringes 
Adobe's copyrights?

A: Adobe will monitor this in the same way it monitors infringement of any 
of its other software programs:  It will look for unauthorized copies of its 
typeface programs as well as programs which are so similar to its typeface 
programs that it appears they have been derived from the Adobe programs.

Q: Is it an infringement for a third party to create Type 1 font programs 
and implement them on a PostScript language clone interpreter?

A: It is not an infringement if the Type 1 font programs and the PostScript 
language clone interpreter are both independently developed and do not 
infringe Adobe's copyrighted typeface programs and interpreter.

Q: How can a third party implement an interpreter that uses Type 1 font 
programs without infringing on Adobe's copyrighted typeface programs and 
interpreter?

A: The Copyright law does not preclude independent development.  Although 
Adobe has a copyright in its PostScript language, it has announced a policy 
that everyone has a royalty-free license to use this language to create 
PostScript language drivers, application programs which are compatible with 
the PostScript language and even PostScript language interpreters.  It is 
not an infringement for a third party to use the PostScript Language 
Reference Manual and the Type 1 specification to independently create 
PostScript language interpreter and typeface programs.  However, it would be 
a copyright infringement for a third party to copy all or any portion of 
Adobe's PostScript interpreter or typeface programs in the development of 
such software.

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Ross Jeynes              
Developer Support                                           jeynes@adobe.com
Adobe Systems Incorporated                         {sun|decwrl}!adobe!jeynes