Hi, I have gone through various online forums and have searched a lot regarding the legalities of using a font including licenses and redistribution. To avoid getting into any legal issues, I am planning to have our artists create custom fonts by drawing them and later scanning them. The fonts will be then taken into in Photoshop or Corel and we will be exporting a .TTF (True Font File).These fonts will not be similar to any other fonts (hopefully) and the font will be named fontgamezatun.ttf. A sprite sheet will later be generated from this font file and that too will be named fontgamezatun.png Do you think this method will work or will I face any legal issues in this process as well? Any suggestions or feedback would be appreciated. Regards, Abhinav

I cannot provide a reference for this information out of the back of my head now, but I remember that image representations of fonts were not subject to any IP issues.
Font files, contrarily, especially TrueType fonts are subject to many patent and copyright issues.

Do note, however, that even if a font's image is not copyrighted or patentable as such, the look of the glyphs may still be trademarked. For example, if you use an image of the "Coca Cola" font, then even if the font's image as such is no issue, you may still get in trouble for violating their trade mark.

So... as usual, if in doubt, ask a specialist lawyer about your particular case. This doesn't guarantee that you won't run into trouble of course, but it reduces the likelihood.

Typefaces are not copyrightable under U.S. law. This goes back to congressional hearings since the 1980s as well as judicial precedent (every jurisdiction to rule on it has ruled that typefaces aren't protected based on legislative intent). However, German and some other EU countries do recognize copyrights and/or distinct IP rights for typeface. Typefaces may also be subject to a design patent under US law. The software file containing the font is protected under copyright-- however bear in mind that this only protects the source and binary code and not the actual typeface images themselves.

If you have an artist create your typeface and you want to be on the safe side, make sure to get a work for hire agreement and an assignment of rights stating that all rights are assigned to your company, including international rights and droit morale (moral rights). Be weary of stock assignment language you find on the web. You would really be better off finding an attorney with a background in this to draft the kind of assignment you want.

As Samoth mentioned, be careful when using typefaces that are confusingly similar to existing well known trademarks.

All this stuff about US copyright law not protecting fonts and images of fonts not being copyrightable is very out of date. In recent years, US courts have found in favour of font factories on a number of occasions, reversing the previous trend. Just to clarify, it was never true that US copyright law didn't protect fonts, it was just an interpretation and a conclusion drawn by the fact that the courts had failed to find in favour of the font factories on a number of occasions. Given that the courts have been doing quite the opposite in recent years, you would have to be a very brave man with a very expensive lawyer to consider testing that theory any further.

Now in this instance, if your own artists create the fonts, there are no problems, providing said artists are not going to cause any problems themselves. If they're contracted, then just have the contract declare that the copyright is sold as part of the contract*. It really wouldn't matter whether you used a PNG spritesheet or a TTF font, as both are considered a font format for legal purposes, but in this case - since the font design is your own (the team's own) - you should be absolutely fine using either.



* This isn't possible in certain European countries, but is in most jurisdictions.

Quote:

Original post by sybixsus All this stuff about US copyright law not protecting fonts and images of fonts not being copyrightable is very out of date. In recent years, US courts have found in favour of font factories on a number of occasions, reversing the previous trend. Just to clarify, it was never true that US copyright law didn't protect fonts, it was just an interpretation and a conclusion drawn by the fact that the courts had failed to find in favour of the font factories on a number of occasions. Given that the courts have been doing quite the opposite in recent years, you would have to be a very brave man with a very expensive lawyer to consider testing that theory any further. Now in this instance, if your own artists create the fonts, there are no problems, providing said artists are not going to cause any problems themselves. If they're contracted, then just have the contract declare that the copyright is sold as part of the contract*. It really wouldn't matter whether you used a PNG spritesheet or a TTF font, as both are considered a font format for legal purposes, but in this case - since the font design is your own (the team's own) - you should be absolutely fine using either. * This isn't possible in certain European countries, but is in most jurisdictions.

Just because I am 100% anal retentive: there is a difference between a "typeface design" and a "font". The confusion is probably my fault, since I said "computer file containing the font" instead of "containing the typeface". A font, according to the courts, is a software file that embodies and permits the embedding or use of a typeface on a computer system. The font (e.g., the computer file/.tff file) is subject to copyright protection. A typeface, according to congress, is "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." Typeface designs, according to legislative history and court precedent, are not protected under copyright.

And most of this has little to do with Zatun's case, since he's located in India. So the issue is international law. While most countries recognize work-for-hire, some don't, and some only allow a limited conveyance of author's rights under the work-for-hire doctrine. So you'd want an assignment of rights and a waiver of all rights not assignable to the extent that they are waivable.

I am not even certain the US would recognize copyright ownership of a font under work for hire by a contractor. Generally three requirements are necessary for ownership to transfer: (1) the agreement must be in writing (2) the work must be specifically commissioned and (3) the work must fall into one of the following categories:

1) Contribution to a collective work
2) Motion picture
3) Audiovisual work
4) Translation
5) Supplementary work, a “supplementary work” is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes, and compilations
6) Instructional text, an “instructional text” is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities.
7) Test
8) Answer materials for a test
9) Atlas

It might qualify as embodied as part of an audiovisual work but that is a stretch because as you noted fonts are protected as part of computer software and not for their independent design elements. An assignment under US law would be subject to termination after 35 years by the author or its estate. I don't believe the above analysis applies to employees.

Another route is to license a cheap font that you like and use that instead.

Right. That's why you double bag it in EVERY scenario by having an assignment in the event that any part of the work is not deemed a work made for hire.

I doubt if a lot of US laws are valid or hold any grounds in India where the OP is from so bringing in US specific laws might not be a great idea. I think it would best to speak to a copyright or patent lawyer.

However it might fall under international law depending on where he is going to publish.

But then what do I know, I am not a lawyer. All I know is within the country, US laws hold little ground.

Hello Everyone,

Thanks a lot for your replies.

@samoth - After your comment, I did check online and you are right. The glyphs are copyright. I will have to either buy a font and if I create a new one, be very careful that it does not match any existing fonts(slim chance)

@madelelaw - I have seen the site as well where they mention the Typefaces not being copyrightable under U.S. law.

@sybixsus - Thanks for the comment. I agree with you that the new laws are lot more stringent. I was wondering if it is OK to use the .TTF file format or is it copyright as well?


@Mona -Thanks for explaining the difference between the "typeface" and "Font".Since we will be doing the fonts in-house, I will be responsible for any legalities that come up. I don't think I will be facing any problems here India but when the game releases globally, the last thing I want is some huge American corp or some Chinese factory suing me for a font that resembles theirs.


@kdog77 - I have been talking to a few font companies and the cost for distribruting their single font is really high. I have attached their reply at the bottom of this post.


@CRACK123-I will be talking to my lawyer this week but again Copyright of fonts is not an issue here in India and my lawyer can guide me on Indian laws only.I am not sure but I might be able to find Indian lawyers who are aware of US and EU Copyright and trademarks.

This is the response from Blambot font company.

Available licenses:
COMMERCIAL LICENSE: The non-exclusive, perpetual, non-redistributive, commercial, 5-user license is $40.00 USD per font. (Non-redistributive use would be defined as using the font in a logo, in print, etc.) There is a 25% discount if you license 3 or more non-redistributive font licenses. Commercial licenses requiring more than 5-users can be arranged.

REDISTRIBUTIVE LICENSE: If you intend to redistribute the font files, bundled with other software for access by a third party, the non-exclusive redistributive license fee is $500.00 USD per font.
(Redistributive is defined as packaging the font software as part of a CD rom collection, etc.) Note, no Blambot Pro fonts may be redistributed by any means as stand-alone font files.

EMBEDDING LICENSE: If you intend to embed the font in a software application, the non-exclusive embedding license fee is $300 per font.
(Embedding is defined as inclusion as on-screen text in game software, flash applications, etc. where an end user can not access the fonts for their own usage.)

I have also got one more response from aenigma fonts. The site owner says they are free to use commercially but I am not sure If I can go with it or not.

Hi,
Feel free to use any of my fonts. All of my Fonts are Freeware, you can use them any way you want to (Personal use, Commercial use, or whatever). Also, feel free to distribute the font(s).
>a) Can we use your fonts for our game which will be launched commercially?
Yes.
>b) What type of permission can you grant us for using the font for commercial purposes?
Use the font(s) any way you want to.
>c) What would be the cost of purchasing the fonts?
None, they're all free.
>d) Will we have to add your name in the credits, if we purchase the font from you?
It's up to you, you can include my name if you want, but it's not needed.
>e) Can we alter the font?
Yes.
>f) Will there be any other legal issues with the fonts?
No.