4 ms·

Couple of issues I spotted: >most type foundries protect their fonts by copyrighting the font files themselves Copyright is applied at the point of creation o

Couple of issues I spotted: >most type foundries protect their fonts by copyrighting the font files themselves Copyright is applied at the point of creation of a work, so unless they're in jurisdictions with no copyright law then they all acquire copyright on their font files. >Since you’re entering into a legal agreement with the type foundry themselves, they can put whatever limits on how you can use the font, regardless of local copyright law. You can't normally disclaim obligations or rights provided by law unless explicitly allowed to do so. For example, in most jurisdictions you can make copies to aid creation of a tool for blind people (cf Marrakesh Treaty), so copying to feed into an ML algorithm to improve a text(image)-to-speech tool may be allowed even if the company put in their terms "no unauthorised storage on a computing system or in a database". An interesting example of this is attempting to put work "into the public domain" depending on jurisdiction you might not be able to do that before the copyright expires 'naturally'. these are my opinions only and do not relate to my employment

trogdor 3y ago
>Copyright is applied at the point of creation of a work, so unless they're in jurisdictions with no copyright law then they all acquire copyright on their font files. Yes, but in the United States, copyright registration is a prerequisite for copyright litigation. According to 17 U. S. C. §411(a), “no civil action for infringement of the copyright in any United States work shall be instituted until . . . registration of the copyright claim has been made in accordance with this title.” The Supreme Court addressed this head-on in Fourth Estate v. Wall Street. See: https://www.oyez.org/cases/2018/17-571 https://www.oyez.org/cases/2018/17-571
- bragr 3y ago
  >no civil action for infringement of the copyright in any United States work... It's not a US work if it wasn't made in the US. That's the crux of the point you're replying to
- pbhjpbhj 3y ago
  Assuming your summation to be true, then that is really interesting as it breaks USA's obligations under the Berne Convention (which they didn't join until about 100 years after most of the West) which was the reason registration was ended as a requirement (but was still useful due to, AIUI, pecuniary damages being awarded for registered works whilst only actual damages are/were? awarded for unregistered). I think you have erred, the question before the court concerned when registration bites. My understanding is 17 USC 106 still applies, but civil actions before the court require a registration to have been initiated; I thought that was just a filter on court actions? Happy to be corrected. https://www.law.cornell.edu/uscode/text/17/411 https://www.law.cornell.edu/uscode/text/17/411 https://www.law.cornell.edu/uscode/text/17/106 https://www.law.cornell.edu/uscode/text/17/106 https://www.wipo.int/treaties/en/ip/berne/ https://www.wipo.int/treaties/en/ip/berne/

trogdor 3y ago

>Copyright is applied at the point of creation of a work, so unless they're in jurisdictions with no copyright law then they all acquire copyright on their font files. Yes, but in the United States, copyright registration is a prerequisite for copyright litigation. According to 17 U. S. C. §411(a), “no civil action for infringement of the copyright in any United States work shall be instituted until . . . registration of the copyright claim has been made in accordance with this title.” The Supreme Court addressed this head-on in Fourth Estate v. Wall Street. See: https://www.oyez.org/cases/2018/17-571 https://www.oyez.org/cases/2018/17-571

bragr 3y ago
>no civil action for infringement of the copyright in any United States work... It's not a US work if it wasn't made in the US. That's the crux of the point you're replying to
pbhjpbhj 3y ago
Assuming your summation to be true, then that is really interesting as it breaks USA's obligations under the Berne Convention (which they didn't join until about 100 years after most of the West) which was the reason registration was ended as a requirement (but was still useful due to, AIUI, pecuniary damages being awarded for registered works whilst only actual damages are/were? awarded for unregistered). I think you have erred, the question before the court concerned when registration bites. My understanding is 17 USC 106 still applies, but civil actions before the court require a registration to have been initiated; I thought that was just a filter on court actions? Happy to be corrected. https://www.law.cornell.edu/uscode/text/17/411 https://www.law.cornell.edu/uscode/text/17/411 https://www.law.cornell.edu/uscode/text/17/106 https://www.law.cornell.edu/uscode/text/17/106 https://www.wipo.int/treaties/en/ip/berne/ https://www.wipo.int/treaties/en/ip/berne/