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ARTICLE · 27 OCTOBER 2020

Battle Lines Drawn Over Font Copyright Protection

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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A decades-long, quietly simmering battle over the copyrightable of fonts is poised to flare into all-out war in light of recent and largely unreported developments at the Copyright Office.

United StatesIntellectual Property
Jeremy Goldman
Jeremy Goldman
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A decades-long, quietly simmering battle over the copyrightable of fonts is poised to flare into all-out war in light of recent and largely unreported developments at the Copyright Office.

The issue on the table is whether and to what extent fonts are subject to copyright protection.  After years of registering digitized fonts, the Copyright Office seems to have reversed course, taking the position that font software—at least in one of its most common forms—does not qualify for copyright protection.

The implications of this apparent shift in policy at the Copyright Office are enormous for font designers, who collectively generate hundreds of millions of dollars in annual fees from licenses built on the assumption that U.S. copyright law protects fonts.  Standing to benefit from the shift are brands, ad agencies, media companies, publishers and other companies that historically have had to pay big dollars for the commercial use of fonts.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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