28 August 2003 FAST FORGES FONT ALLIANCE Press release by Agfa Monotype Lines starting with >>> have Luc's comments, dated September 4, 2003. Global font designer and technology developer, Agfa Monotype has joined forces with The Federation Against Software Theft (FAST) to tackle the growing issue of unlicensed fonts, which is estimated to cost the UK industry 40%* of its revenues. This new initiative expands FAST's remit as specialists in the prevention of software piracy. The vast majority of users acquire fonts in operating systems such as Microsoft Windows and software applications like Microsoft Office or Adobe Photoshop. What they can forget is that these fonts are supplied under the terms of the software application licence with usually very limited usage terms. For instance, the right to use a particular font is curtailed to any one specific workstation or desktop. Indeed font-licensing terms can be more complex still. They are often non-standard, governed by usage and vary according to the foundry (font publisher). This, coupled with users having no clear information source on the subject, is a major headache for UK corporates. >>> The UK corporates do not care about "users having no clear information". >>> They look at profit margins. Period. Paul Brennan, general counsel at FAST explains: "This is a huge issue, but most corporates are unaware that it even exists. Corporate end users must understand the gravity of font software theft." >>> Font software includes things like Fontlab, Softy, Fontographer, >>> Scanfont, Type Designer, Font Studio, and so forth. Software involves >>> the idea that some code exists and is executable on an underlying machine. >>> Fonts (truetype or type 1 files, say) are not executable files. >>> They are tables of data, an electronic representation of art, >>> very much like a digital picture of a Dali painting is a table of data. >>> The digital picture is not software. It does not execute anything---other >>> applications use it as input, as data. The major lie in the "font industry" >>> being perpetuated and repeated and crammed down peoples' throats >>> in press releases like this, is that fonts are software. >>> The reason the industry is doing this is because software can >>> be protected by copyright. Julie Strawson, Marketing Director at Agfa Monotype says: "The creative and design community is traditionally small, informal and therefore trust-based. But the nature of font distribution has been dramatically affected by the Internet, creating the need for tighter controls on licensing. The software applications sector has been driving the issue of its intellectual property for many years. FAST's extensive experience here will be invaluable in ensuring that designers are receiving just rewards for their intellectual property and that end-users are totally software compliant. Agfa Monotype hopes that the entire font community joins FAST in this initiative to ensure its success." >>> This is is second misconception---hiding behind the >>> "that designers are receiving just rewards for their intellectual property" >>> argument. Companies are cashing in big time on designs made by >>> typographers who have passed away. Many typographers report paltry >>> royalties, and some complain that companies are underreporting sales >>> to designers. Jeremy Tankard, of Jeremy Tankard Typography Ltd, one of the first small font manufacturers to join the new initiative regards this as "a giant step forward for the small producer, we will now be able to rely on the full backing of large foundries when selling our software products world-wide." >>> Another tactic: try and get the small producer involved, >>> especially emotionally, because the real issue is about >>> the big guys making money. The small foundries never will. Mark Blunden, partner at Boyes Turner, solicitors specialising in IT/IP and a member of the FAST Legal Advisory Group (FLAG) adds, "Fonts are the property of their creator and protected by both European and English design law". >>> Counterargument: fonts are invariably the product of a gradual >>> cultural evolution. Everyone is influenced by everything around him/herself, >>> and progress is an accumulation of small changes. It is difficult >>> to tell sometimes what the added value is in a particular font. >>> If one adds a Euro sign to an existent font, is that entire font >>> then the property of the Euro sign artist? >>> In a very deep sense, fonts and type belong to the people. >>> The issue is much larger and messier than this childish >>> press release makes us believe. Brennan concludes: "Corporate end users be warned to achieve software compliance the issue of fonts cannot be ignored. In our experience most organisations are not even aware that fonts have to be audited in exactly the same way as software." Anyone wanting to understand more about the issue can call the information service on 0800 37 12 42, selecting number 1 from the menu options. [...] Today FASTs key remit is enforcement. In particular, it tackles under-licensing (buying one license, but then copying the software many times), together with the increasing problem of misuse of the Internet. >>> One of the main misusers of the internet is Agaf-Monotype, >>> which tries to disguise its corporate pages by >>> creating pages that do not mention the corporation, and invite >>> readers to "search for a font" [which leads to the Agfa page] >>> and to "download a font" [sounding as if this was free]. >>> Why not mention up front that these fonts can be purchased from >>> Agfa Monotype, and that the search engine only searches the Agfa >>> data base? This, in my view, is a misuse of the internet, >>> and it should be "enforced" by companies like FAST. [...]