Extension of Copyright to Fonts-Can the Alphabet be Far Behind?

Authors

• Jonathan L. Mezrich

Abstract

In February 1998, a federal district court issued a decision that may have a profound impact on the software industry. The court held, in Adobe Systems, Inc. v. Southern Software, Inc., that copyright law protects "software programs" that create fonts that are distinct typefaces. This ruling is ill-conceived. While people should be rewarded and protected for their creativity, copyright law should not be extended to cover the "artwork" inherent in font "glyphs," which, in their most basic form, comprise the alphabet itself.

The software industry has experienced dramatic growth in the past decade. While a small number of dominant players have emerged in the industry (e.g., Microsoft), the low barriers of entry in the market allow new entrants to appear continuously. Spurred by rapid improvements and cost efficiencies in computer technology, the software and services market is one of the fastest growing segments of the computer industry. Analysts predict that the 1998 market will be bullish on the stock of software vendors tied to mainframe software markets, PC software sales, and Windows-related products. Meanwhile, the database market is slowing but still predicted to grow, and "[h]uge opportunities exist for software relating to the Internet market, including electronic commerce."

One of the key players in the software industry is Adobe Systems. Incorporated in 1983, Adobe, a California company, develops and sells consumer software products related to print and electronic media.6 Adobe's software operates on Microsoft Windows, Apple Macintosh, and UNIX platforms Regarded as a pioneer in desktop publishing software, Adobe creates software that delivers "visually rich communications that convey a consistent, professional image across any media- print, Web, and CD-ROM."

Adobe is also known for its vigorous stance on copyright and trademark protection. In 1995, Adobe sued Southern Software, Inc. for copyright violations. In the fall of 1997, Adobe launched an aggressive anti-piracy campaign against illegal retail piracy practices, while simultaneously filing lawsuits in federal court against five different software retailers. On February 2, 1998, Adobe prevailed in its case against Southern Software, Inc. when a federal district judge granted Adobe's motion for summary judgment. Was this ruling a mistake?

Recommended Citation

Jonathan L. Mezrich, Extension of Copyright to Fonts-Can the Alphabet be Far Behind?, 2 Computer L. Rev. & Tech. J. 61 (1998)