TYPE DESIGN INFORMATION PAGE last updated on Mon Apr 15 06:44:03 EDT 2024
FONT RECOGNITION VIA FONT MOOSE
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DiFolco (US Copyright Office) on font copyright
Further legal support for the thesis that fonts are just tables of data---not computer programs or software. In a letter on August 8, 2018 directed to Frank Martinez, C. DiFolco (Copyright Examiner, US Copyright Office) writes: We received your application to register a claim in "computer program" for "[redacted] COMPUTER PROGRAM." As explained in sec. 3 l 3.3(D), Compendium of U.S. Copyright Office Practices, Third Edition, the Copyright Office cannot register a claim to copyright in typeface or mere variations of typographic ornamentation or lettering. The Office may, however, register computer programs that generate a typeface provided that they contain a sufficient amount of literary authorship. In this case, however, the XML code you have submitted is not a computer program for copyright purposes. The copyright statute defines a computer program as "a set of statements or instructions to be used directly or indirectly in a computer to bring about a certain result." By contrast, XML code is a type of markup language. Markup languages are designed for the processing, definition, and presentation of text. They do not instruct the computer to perform any operational functions. As a result, while XML code may under some circumstances be copyrightable, it cannot be registered as a computer program. Since our practices stipulate that the Office may register a computer program that generates a typeface, a work consisting of markup language which creates a typeface does not meet this requirement. We must, therefore, refuse registration. In accordance with our practices, we will keep the application, copy, and non-refundable fee. This letter is for your information only; no response is necessary. |
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Luc Devroye ⦿ School of Computer Science ⦿ McGill University Montreal, Canada H3A 2K6 ⦿ lucdevroye@gmail.com ⦿ http://luc.devroye.org ⦿ http://luc.devroye.org/fonts.html |