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Font Piracy – Interesting Read
by John D Berry – http://www.creativepro.com/article/dot- … to-justice
One of the most notorious font pirates has been captured on the high seas, hauled in irons to the King’s port town, and hanged on the scaffold in front of the cheering populace.
Well, no. That’s not how it works. Font pirates are not fabulous scallywags, cruising the sealanes in search of golden serifs, forcing corporate minions to walk the plank, and flying the Jolly Roger in the face of civilization. Font pirates might better be known as font burglars, or font thieves.
Ah, but that conjures up yet another romantic vision. International font thieves! Simultaneously italic and bold, they switch suavely from evening dress to the all-black garb of the cat burglar. Starring David Niven and Gig Young. I can see it now: the glittering cocktail party for the exotic princess, the fabulous rare fonts dangling from her neck, and the plot to steal them after midnight from the locked safe in her boudoir.
But no. It’s really a lot more sordid and petty than that. Font piracy just means stealing someone else’s work, which they’re trying to sell, and giving it away to all and sundry — or slapping your own name on it and selling it yourself. It’s robbery, and there’s nothing glamorous or Robin-Hood-like about it.
Information Wants to Be Stolen
The Hoefler Type Foundry recently sent out a press release, their first, addressed to "dear friends and colleagues," announcing a legal settlement with "a font pirate who we’ve been pursuing for some time, in concert with Emigre, House Industries, FontShop and others." As Jonathan Hoefler aptly put it in his accompanying e-mail, "None of us enjoyed this process. It was time consuming, unbelievably expensive, and just generally wretched."Hoefler summed up the process: "In 1999, someone nicknamed ‘Apostrophe’ hijacked all of our font libraries and posted them to a number of online forums. (Some of you receiving this e-mail are the very people for whom I created many of these faces.) Through an unprecedented sharing of resources, eleven type foundries cooperated to investigate and prosecute this matter; three years later, I’m happy to announce that we’ve finally settled with the malefactor."
No one likes to play the heavy, but as Hoefler says, "We’re pleased to have demonstrated that anyone discovered pirating fonts in any capacity will be held accountable to the entire industry."
The foundries involved in the lawsuit were the Hoefler Type Foundry Inc., Emigre Inc., Active Images, FSI Fonts und Software GmbH, International Type Founders, Inc., Jeffery C. Gillen d.b.a. Mindcandy, Rodrigo Cavazos d.b.a. Psy/Ops, and Treacyfaces Inc., representing the typeface designs of more than 40 typeface designers; Linotype and House Industries supported the suit. Most of those are small companies, some very small, and the designers who created the typefaces routinely devote an absurd amount of time, effort, and talent to the task of type design, only to reap pretty meager rewards even when everyone who uses their fonts pays for them. The days when large amounts of money could be made in the type business are long gone.
But It Grows on Trees
It’s very easy to steal fonts; all you have to do is copy them. Technically, if you copy a licensed font and give it to a friend to use, you’re in violation of the license agreement and are stealing that font. If your friend would otherwise have bought the font, thus giving the manufacturer and ultimately the designer their pittance (and it is a pittance; have you looked at how low font prices are these days?), then you’ve prevented that paltry sum from reaching the hands of the person who deserves it. If your friend is going to use that font professionally, and get paid for designs that use that font, then it’s doubly reprehensible (though legally no different).Type is a commodity today, available everywhere. Slews of fonts come as freebies with every computer and many software applications; those are legitimately licensed and ultimately paid for, but the fact that they’re free to the user devalues the sense that they’re really worth money. Each of those typefaces, if it’s any good, took many hours of careful work to develop; if it’s a text face, or an extended text family, it may well have taken months, or even years. (Every time you read a newspaper set in Times Roman, or a book set in Palatino, consider all the work and skill that went into making those letters work together so well on the page.)
Many users of digital fonts take a cavalier attitude toward them as intellectual property. Several years ago, a type designer in Russia explained the state of the type business there by saying that most users regarded type as a renewable resource. "Fonts grow on trees; when you pluck one off, another grows back in its place." This is hardly unique to Russia (and despite this attitude, there is a type business in Russia today, and much creative design being done); the practice, and the attitude, obviously thrives on some usenet usergroups in the United States and elsewhere.
At the same time, a proprietor of one of the best-known type foundries told me that among professional graphic designers, there is usually no hesitation about buying the fonts. In any large studio or corporation, the cost of buying fonts is a trivial part of the budget, and in even tiny one- and two-person shops there’s an honorable attitude that "if we’re making money from this, then the type designer should be making money from it too."
Honorable Behavior
There have been any number of schemes to prevent font piracy, from restrictions on embedding fonts in documents to elaborate digital registration systems to keep track of who sold what to whom. Some have even suggested devising "disposable fonts," which could only be used a limited number of times before they self-destruct. (It would be like one of those disposable cameras that you use once and then throw away. With the cameras, what you keep is the film; with fonts, what you’d keep would be the design you used them to create.)The best defense against font piracy, apart from the occasional costly lawsuit like the one against "Apostrophe," is to spread the word, to keep explaining to type users that the fonts they copy onto their computers are someone’s intellectual and artistic work, and that the designer deserves some reward every time their work is put to use.
Choose your fonts wisely. A few good, well-designed typefaces will be more useful in the long run than a slew of cheap knock-offs. And pay for the fonts you use. For type designers, that’s the bottom line.
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