Curious Case of Copyrights Over Fonts

Introduction

A contemporary issue in the field of intellectual property rights has been the protection of non-conventional artistic works under copyright law. Fonts are one of those non-conventional artistic work. A delicate understanding and application of the copyright laws is required to resolve the issues concerning the copyright over new fonts. What we typically understand as a font, involves 2 distinct and essential components: (i) the software or the code which leads to the change in the design of the alphabets and symbols; and (ii) the typeface i.e. the design or aesthetic aspect of the font which we see on the screen. Thus, a font is a code plus the representation of that code in the form of typeface[1].

Protection under Indian Law

In India, as seen from the case of Aananda Expanded v. Unknown[2], a typeface is not recognised as an artistic work and therefore cannot be copyrighted under the Copyright Act, 1957. However, computer programs have been recognised as literary work by the Act[3] and therefore an applicant may apply for copyrights over the code of the font with typeface as its representation under the provision for a computer program by providing necessary details such as the code of the computer program along with representation of the code in the form of series of unique alphabets and symbols on the screen.

Need for Protection as Artistic Works

The question that comes to mind now is, if protection can be obtained for a new font under literary work as a computer program, then why is there a demand for protection for the same font as a non-conventional artistic work as well? The answer lies in the scope of protection and the elements actually protected by each of the above provision. Protection for a computer program is given for the entire code as a whole because the program can only function if the entire code runs at the same time. As the entire code runs at the same time and simultaneously affects all alphabet and symbols, this protection cannot divided to protect and claim copyright over each and every alphabet/symbol of the new font. This drawback allows others to copy and use the font without a license as long as such act is restricted to the representation of the code i.e. typeface. However, if protection is granted for the typeface as an artistic work along with the protection for the computer program, then such protection will extend to each and every element of the font which is original. This possibility of a widened protection is the major reason behind the call for protection of fonts as a non-conventional artistic work.

TANVEER MALNAS

B.A.L.L.B – 4th Year

ILS LAW COLLEGE, Pune

[1] Fonts and Typefaces Legal Tip Sheet, GEORGIA LAWYERS FOR THE ART, February 10, 2014, https://glarts.org/font-and-typeface-legal-tip-sheet/

[2] (2002) (24) PTC 427 (Reg.)

[3] Section 2(o), The Copyright Act, 1957, No. 14, Acts of Parliament, 1957 (India)