Typophile

Type Laws in Canada?

John Godfrey0 votes

Hi, I searched through the posts on the forum but couldn’t really find what I needed. I’m doing research in my graphic design ethics class for my assignment which is to find out what would happen if someone was to use a licensed font on a poster without paying, but instead borrowing that font from someone else who bought it. I need to find out if that would be breaking any laws, what kind of copyright protection is available for the font, and if you were reported to RCMP by someone, what could happen to you and the client you made the poster for?

Searching the internet I haven’t found much info, and most of it is American. I know in the States for example that font can only be patented and not copyrighted, though font programs can be copyrighted, even though the fonts that you view with it are not, which seems to mean that you could get away legally with using a font you don’t own?

Anyways, it would be nice if someone could please point me towards some info regarding this, especially how it pertains to Canada.

John Godfrey0 votes

Okay thanks, is there much info about repurcussions of violating these rules on this site too?

Thomas Phinney0 votes

In the USA, the font software, which is the font file that was “borrowed” in your example, is protected by copyright.

The design may be protected by design patent. This protects the abstract shapes.

The name may be protected by trademark.

I found plenty of interesting links by Googling “RCMP copyright enforcement” (without the quotes). It seems that copyright infringement can be a federal criminal offense in Canada.

Regards,

T

Si_Daniels0 votes

Maybe the day will come when harassed font pirates will flee south of the border in numbers equal to or greater than the number of US residents who flee north for other reasons.

John Godfrey0 votes

Thanks, now I have to put all this into a skit or short movie lol.

John Godfrey0 votes

Simon: I doubt that’s possible, seeing as Canada’s population is roughly the same as California’s alone.

John Hudson0 votes

In Canada, a typeface design, as distinct from the copyrighted font software, falls under the Industrial Design Act, which provides for a shorter period of protection than copyright, and may be considered akin to patent protection in the USA. I’m not sure, however, whether the filing requirements are comparable.

Tiffany Wardle0 votes

Any font licensed is only licensed to be used at the address for which it was originally licensed. It would be illegal to use the font, even if only borrowing it. The only loophole would be if the given foundry from which you licensed the typeface has transferability built into their EULA. In that case the person whom originally licensed the type would need to contact the foundry and transfer all rights of use to the new address and that person would have to remove the typeface from their location.

John, please go the RELEASE area. There are several discussions on EULAs (End User License Agreements).

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