Louis XIV said:
So here's a question maybe bob can help us with. If fonts are licensed for commercial use, how is the regulation and enforcement of copyright/patent infringement handled? in other words, is there a secret society of 'Font Police' out there somewhere ensuring the rules are obeyed and the laws respected? Serious question. One of my daughters works in marketing, I'll ask her as well.
Louis XIV, I don't use any fonts for commercial purposes. I don't do any graphic design work, other than making fonts. I have hundreds of thousands of commercial fonts, most in unopened zip files. Some of them I open with a font editor, to study the vector construction. Others I install, and type them in MS Word, to see what they look like. I don't even own a printer.
It's technically illegal for me to possess those commercial fonts, but I couldn't be prosecuted for having them on my computer. I don't have to prove that I didn't acquire them legally. If I planned to use any of the fonts I have for commercial use, I'd buy the license to do so, but I have no plans to ever do that. Physically possessing a commercial use font that wasn't purchased can't be prosecuted, in the same way that you can't be arrested for saying that you purchase sex. Using a commercial font for commercial use without having a purchased license is a prosecutable crime, but I don't do that.
There is a "font police". Certain foundries and individual designers go to great lengths to remove download links to their fonts from file hosting sites that have advertising and subscription costs for faster downloads. People who want to share those fonts without interference from the 'font police' just use hosting sites that are registered in countries that thumb their noses at International copyright law. If you're a big law firm in the USA, trying to put pressure on a website that hosts commercial fonts, you're not going to intimidate anyone, if you send a 'cease and desist' letter to Pakistan, or Viet Nam, or Armenia, or Russia. They wont even read it, because they don't read the incoming e-mails.
If I shared commercial fonts from my own computer by e-mail, I could potentially be prosecuted, but only a fool would do that. If I put a font on a hosting site with a Russian domain, and tell people where to get it, I can't be prosecuted, and a lawyer trying to prosecute the site isn't going to succeed at doing anything other than making some Russians angry, and letting them know where that lawyer can be found.
The fonts I get on 'the dark net' were usually purchased legitimately by a graphic designer. A client chose the font they wanted to have used in the work. The designer bought the font, and the license to use it commercially, on behalf of the client, and billed the client for the cost of the font, as part of the price for the professional service. The graphic designer keeps the font, and shares it with other people. Those people try the font in mockup work, and if they like it, and want to use it commercially, they buy a license. That way they don't have to pay to try the font, and find out that they don't like it. These shared fonts aren't used to avoid paying commercial licensing fees. They're for people who like to collect fonts for amusement, or so people can 'try before they buy'.
That's why I can talk openly about it. If someone who sells a font that I possess knows that I have that font, and knows I didn't buy it from them, they can ask me to delete it from my computer, but they can't make me do that, if I don't want to.
A lot of my picture fonts are 100% free because I don't own copyright to the source images on which they're based. If the font has educational purpose, and is free for all use, I don't need permission to use those images, create something, and give away copies to anyone who wants them. If I charged a fee to use those free fonts, I still wouldn't be breaking the law, because I create my own finished images. Check the
Fair Use provision of International copyright law for more information.
If I drew a picture of Mickey Mouse, and had it printed on a T-Shirt, and wore that T-Shirt outside,
The Walt Disney Corporation could not have me arrested. If I sold those home made T-Shirts on a street corner, they could. If someone uses a picture of Mickey Mouse that I put in a free font, to make a T-Shirt that
they sell, Disney could sue them, but couldn't sue me. If someone is murdered with a handgun, illegally purchased, the company that made the bullets that were fired from that gun has no criminal liability.
I make graphic design bullets. What people do with them is their business, not mine. With the free fonts, I just like to see how other people use them. I make the fonts for me, and I let other people have copies, if they want them. Since the files are digital, I can give away as many copies as I want to, and still keep the original, or I can give one copy to a website, and let them give away copies to other people, on my behalf.
No one is going to arrest me for illegal possession of fonts. No one ever buys a font, unless it's a private use font, (example: a font commissioned by Campbell's Soup, and created by Keith Morris).
Campbell's Soup owns the font. They purchased all rights from Keith. Keith got a shitload of money for making a font solely for the exclusive use of Campbell's Soup.
Nobody except Campbell's Soup is allowed to use it. Many large newspapers have an exclusive font for their page one titles. That's also true of many fashion magazines. The actual font used can't be bought for commercial use by anyone else, but it's not illegal for someone to make a knock off, that looks similar, if the knock off is not a modified version of the original.
The design of a font can't be copyrighted, only the rendering. In the case of newspaper headline fonts, the entire alphabet is seldom displayed, so there may not even be a capital J, or a lower case Q. Those letters aren't needed for the title letters. All other fonts are never purchased. Only a license to use the font commercially is purchased.
It's similar to how the Escort Industry works. Men purchase time with the Escort. During the purchased time, sex can take place. The sex is like the font file, and the time purchased is like the commercial use license. Some sex can be had without a fee. Sex that has a fee has a variable fee, depending on the price agreed upon in the contract.
An Escort
could chose to charge a different fee for each client, depending on their level of physical or mental attractiveness, their hygiene, or their ability to pay. A guy couldn't sue an Escort because she offered a blow job to one guy for $100, but offers it to him for $200, or she blows someone else for free, or she doesn't want to blow him for any amount of money. No one has a right to purchase or rent something, from a sole proprietor, just because it's offered for sale or rent to someone else.
Those laws only apply to public business transactions. It's illegal to refuse a black man accommodation in a restaurant, but not illegal to refuse him intimate companionship, and no reason why need be given. Personal service contracts are not subject to 'human right legislation', because they are not rights, they're agreements made between individuals, where a good or service is purchased for a mutually agreed upon fee.
It has to work that way, because some goods or services are offered by some individuals, but not by others, and some goods or services are offered to some, but not to others.
If I own an original drawing by
Pablo Picasso, I can offer it for sale to a friend for $100, 000, but that doesn't mean that someone else has a right to acquire that picture from me for $100, 000, if my friend declines to buy it. I can offer to sell the picture to the other person for $10 Million, or decline any offers to purchase it, at any price.
If I own a grocery store, however, I can't sell a carton of eggs to a white man for $2.50, but charge an Asian $5.00. That's illegal, because it's public, rather than private commerce.