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Font copyrights and games

Started by April 28, 2006 02:47 AM
11 comments, last by Trapper Zoid 18 years, 6 months ago
I have been wondering for a while how copyright laws apply to fonts with respect to games. I have a bunch of fonts installed through other programs, but the licence agreements do not get copyied across so I am unsure as to what is standard. I don't know if the rules are similar to that as other artwork, in which case you need the permission of the copyright holder, or as fonts which have an expectation to be used to create text (presumably for redistribution) the rules are different. The cases that would be most applicable to my use would be:
  • I am assuming it is okay to use a font to create a document for distribution to other people (this might be an invalid assumption in some cases; this is what I'm unsure about!)
  • However if you use a font to create some fixed text to an image file to be distributed with a game (for example, "HIGH SCORE"), would that be okay? It seems the same as the first case to me.
  • But then what if you were to type the whole alphabet to an image file, and then use it as a bitmapped font? Is that any different?
Note that if this were for a commercial game, I would either create my own font or ensure I had the explicit permission of the font's creator to use it. But for prototypes or simple freeware minigames it is a lot of extra work to make a good looking font, and though I know that doesn't change the applicability of copyright I'd like to know if I have to spend the time creating my own or chasing down an appropriate font. Do I have to ensure I am using an appropriate font in these cases?
Fonts are small programs, and they are covered by copyright protection. You should get permission before distributing them.

The commands like CreateFont() are very good at finding exact or near matches for the font you specify. There are a bunch of parameters so that it can find the closest match. If you stick to the standard fonts, or close to them, you'll be fine. It's when you start getting exotic that you don't get good matches.
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Trap, it's OK to use a font in a distributed work - what's NOT okay is to distribute the font itself, so that others can use it as a font.

-- Tom Sloper -- sloperama.com

Quote: Original post by tsloper
Trap, it's OK to use a font in a distributed work - what's NOT okay is to distribute the font itself, so that others can use it as a font.

So I assume it is okay to use a font within a piece of artwork, as that doesn't distribute the font file.

In the case of distributing a font as a bitmap image of the alphabet, while the font glyphs are being converted to bitmaps, and the original font file is not being distributed, it seems to me that it's same thing in essence as distributing the font itself. I've tried searching for opinions on this issue and it's really confusing as to what is legal.

From what I gather, in the U.S. scalable fonts are protected by copyright as they are considered as software. However bitmap fonts are considered the same as typefaces, which do not seem to be covered by U.S. copyright. But to make things more confusing, I think European countries do protect typefaces under copyright laws.

In short, I'm really confused on the whole issue. I'm probably going to stick to fonts for my alphabets from font creators who I know have given permission for them to be used freely, or end up creating my own bitmapped fonts, but it's been irritating that I haven't been able to find a general consensus with my Google searches on when converting to bitmap fonts is okay under copyright law.
Quote: Original post by Trapper Zoid
So I assume it is okay to use a font within a piece of artwork, as that doesn't distribute the font file.

It really all depends. A work featuring images of letters in a font is unquestionably a derivative work of the font. So authors CAN restrict it totally, if they like (notwithstanding fair use provisions, none of which come into play in our situation). Most don't. BUT: The exact set of permitted activities varies widely. So check the license.
Trap wrote:

>So I assume it is okay to use a font within a piece of artwork, as that doesn't distribute the font file.

It's OK.

>In the case of distributing a font as a bitmap image of the alphabet, while the font glyphs are being converted to bitmaps, and the original font file is not being distributed, it seems to me that it's same thing in essence as distributing the font itself.

Don't distribute the font in any way that somebody can use it! If you're depicting letters in an image (like an image of some story text), there's no problem. But if you're including individual bitmaps of the letters in an easily accessible and usable form with your game, then that's a problem.

Snef wrote:

>A work featuring images of letters in a font is unquestionably a derivative work of the font. So authors CAN restrict it totally...

Different lawyers have different takes on things. My lawyer says what I said above - yours apparently has a different opinion.

-- Tom Sloper -- sloperama.com

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Quote: Original post by tsloper
Don't distribute the font in any way that somebody can use it! If you're depicting letters in an image (like an image of some story text), there's no problem. But if you're including individual bitmaps of the letters in an easily accessible and usable form with your game, then that's a problem.

That's pretty much what my "common sense" meter told me would be the case.

Unfortunately I think many freely distributed fonts also have a clause in their license that state that the fonts aren't to be modified, which may be construed to refer to the conversion to bitmap format. I guess the safest thing to do is to make my own font glyphs before distributing the game, or contact the author to explicitly ask permission.

Thanks for confirming that!
Trap wrote:

>I think many freely distributed fonts also have a clause in their license that state that the fonts aren't to be modified, which may be construed to refer to the conversion to bitmap format.

I think you surmise too much. Just because you're paranoid doesn't mean they're not out to get you! :p

>I guess the safest thing to do is to make my own font glyphs before distributing the game, or contact the author to explicitly ask permission.

Well, sure, that's the ultra-safe approach.

-- Tom Sloper -- sloperama.com

Quote: Original post by Trapper Zoid
From what I gather, in the U.S. scalable fonts are protected by copyright as they are considered as software. However bitmap fonts are considered the same as typefaces, which do not seem to be covered by U.S. copyright. But to make things more confusing, I think European countries do protect typefaces under copyright laws.

Surely it's protected as a "piece of work", and whether it's software or not is irrelevant? Just about any creative work which someone produces is covered by copyright, I believe.

http://erebusrpg.sourceforge.net/ - Erebus, Open Source RPG for Windows/Linux/Android
http://conquests.sourceforge.net/ - Conquests, Open Source Civ-like Game for Windows/Linux

Quote: Don't distribute the font in any way that somebody can use it! If you're depicting letters in an image (like an image of some story text), there's no problem. But if you're including individual bitmaps of the letters in an easily accessible and usable form with your game, then that's a problem.

I'm curious by this - I wasn't aware of any exception in copyright law regarding whether or not it can be re-used by someone else - an obvious example would be a song where you sample someone else: even though the sample isn't provided in a easily reusable form, this most certainly is a copyright violation.

There is fair use - e.g., screenshots, and so a screenshot which happened to contain some fonts might be okay. But I'd be curious to see why this extends to distributing a game which makes use of such images.

http://erebusrpg.sourceforge.net/ - Erebus, Open Source RPG for Windows/Linux/Android
http://conquests.sourceforge.net/ - Conquests, Open Source Civ-like Game for Windows/Linux

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