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Font Maker Sues Universal Music Over 'Pirated' The Vamps Logo (torrentfreak.com)

An anonymous reader writes: Universal Music Group is being sued by HypeForType, which accuses the record label of using "pirated" copies of its fonts for the logo of The Vamps. The font is widely used for artwork, promotion material and merchandising of the popular British band, and the font creator is looking for a minimum of $1.25 million in damages. The font maker has filed a lawsuit accusing the major label of using its "Nanami Rounded" and "Ebisu Bold" fonts without permission. According to a complaint, filed in a New York federal court, Universal failed to obtain a proper license for its use, so they are essentially using pirated fonts.

23 of 142 comments (clear)

  1. Schadenfreude much? by sconeu · · Score: 5, Insightful

    "But our piracy is different! We're a big corporation, we're allowed to do this!!!"

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    1. Re:Schadenfreude much? by Anonymous Coward · · Score: 5, Insightful

      You know, since they have this one act of piracy.. we should just assume their whole business model is piracy based. We should seize their domain and prevent them from doing business in the future.. you know, just like the RIAA/MPAA wants to do to anyone else.

    2. Re:Schadenfreude much? by rogoshen1 · · Score: 2

      came here to say this. love seeing the shoe on the other foot for a change. serves them right.

    3. Re:Schadenfreude much? by Anonymous Coward · · Score: 2, Informative

      Actually, if you go to the HypeForType website and read their licensing agreement it's pretty clear that for a commercial use in promotional materials it requires an "upgrade license".

      Anyone in the business of producing commercial materials and using fonts is well aware of this type of licensing requirement. I can't believe a designer working for a major corporation would be blind to these simple facts of print, publishing, and promotion. In fact it's the music industry that really invented all these niche licensing requirements!

    4. Re: Schadenfreude much? by amxcoder · · Score: 4, Interesting

      Was going to say similar...

      The font maker needs to use the same rules [as the media cartels] when figuring out infringement costs. The media companies love to use a "per infringement" claim. So each instance of each letter of the font that was used should be treated as a separate infringement, plus throw in some wild guest-imates of how many people purchased items containing the font, and how many eyeballs may have seen it in promotions and media since it's first illegal use...

      If someone shares a music album online, the RIAA/MPAA don't go for just 1 instance of piracy for the whole album, they treat EACH song as it's own instance. Therefore, using this same reasoning, a font is a collection of multiple pictographs (like an album is comprised of songs), so logically it seems safe to assume that each letter in a font is treated like a song on an album would be treated. Just because the creator packaged a group of pictographs together into a single 'font' (similar to how songs are packaged into a single album) does not change anything. It also appears that more than one font typeface was pirated, so this adds even more penalties to the mix, as it is like songs from 2 albums were pirated.

      Heck, going off the logic of another recent story, I'm sure this gives the NSA reason to start spying for years to come on the entire Universal media corporation like they have been with KDC over piracy!

  2. Re:details by MightyYar · · Score: 2

    What crazy-ass font license does not allow derivative works? I can understand if it's a web font or PDFs or something where you are distributing copies of the font itself - but t-shirts, logos, and images? That's ridiculous.

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  3. Same rules to estimate damage? by 140Mandak262Jamuna · · Score: 5, Insightful

    Is he claiming each letter is one count of violation? Like RIAA typically does?

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    1. Re:Same rules to estimate damage? by JaredOfEuropa · · Score: 2

      Not just one count. They published a load of material with these letters illegaly, and this material has been seen by many people as a result. Fans have copied and republished these fonts. All these views count as subsequent "downloads" which are the result of the label's acts of piracy. So they are on the hook not just for a single font license but for hundreds of thousands of them, perhaps millions. So it would be fair to claim damages of, say, 5 times the GDP of the UK, but of course this is then settled for an amount that just falls short of actually ruining them.

      All this is standard practice in IP violation suits, which Universal should be abundantly familiar with,

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  4. Will be hard to prove by caseih · · Score: 3, Informative

    Since font shapes cannot be copyrighted, they will have a tough time proving that their own ttf file (which can be copyrighted) was used unlawfully. If universal claimed the font was not the font maker's font, I suppose they could demand to see the ttf file, and probably a judge would go along with it. And who's to say that universal couldn't have asked a third party to make the logo who had access to the font ttf file.

    1. Re:Will be hard to prove by sremick · · Score: 4, Informative

      Since font shapes cannot be copyrighted, they will have a tough time proving that their own ttf file (which can be copyrighted) was used unlawfully. .

      I know that RTFA isn't popular on /. but come on. It says right there that the designer did pay for a license for the font, but it wasn't one that permitted commercial usage.

    2. Re:Will be hard to prove by omnichad · · Score: 2

      So let's say I use a pirate copy of Photoshop to design an image for Universal. Universal then can be sued by Adobe for stealing of Photoshop? No.

      A font file is a program. Any images that it creates are still owned by the user - typefaces are not copyrightable.

      Designing a logo that's converted to outlines is a single violation - of a software license agreement (the font program). All future uses of that logo have nothing to do with the font company and are not damages. I don't care what the terms of the EULA say. I hope that Universal wins this rather than settling.

  5. Re:details by bradley13 · · Score: 2, Insightful

    What crazy-ass font license does not allow derivative works?

    I do some work that uses images in publications, not so much with fonts, but I expect that the license options are similar. Depending on the supplier, there can be all sorts of options. Internal use only. Public, but print-only, no Internet (then: how big is your print run?). Internet use, for a limited time. Internet use forever.

    The most expensive license option is usually the one that covers products destined for resale. If it's not just a marketing expense, but something you intend to make a profit on, they want more money.

    tl;dr: You absolutely must know how you intend to use something, so that you buy the appropriate license.

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  6. Re:details by BitterOak · · Score: 4, Informative

    I thought this was settled in U.S. copyright law. You can't copyright a font, only the computer instructions for making the font. Therefore, you can't restrict how text set in the font is distributed, only the usage of the font files by the designers.

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  7. Re:I very much doubt by green1 · · Score: 2

    Then maybe we should just drop the whole "intellectual property" facade and let everyone copy everything perfectly legally?
    If you think it's too onerous to follow the rules that you spent millions of dollars lobbying for, then I don't think you'll find much sympathy.

  8. Re:$1,250,000? Get over yourself by Fallen+Kell · · Score: 2

    Still is no different than RIAA/MPAA suing for $150,000 for each MP3 which would cost $0.99 to purchase.

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  9. Re:$1,250,000? Get over yourself by viperidaenz · · Score: 2

    If a punishment is not significantly worse than doing the right thing, it's pointless.

  10. Re:details by MightyYar · · Score: 3, Interesting

    but I expect that the license options are similar.

    Fonts are not, in of themselves, copyrightable. Only computer fonts can by protected with copyright, and that's only because technically they sort-of behave like code.

    So it's not really like images, but computer code. While it is very common for computer code to have separate commercial and private licenses, I would think that this would not be common for fonts. Fonts can be freely cloned, so you would expect the market to toss out the nasty licenses. I mean, if I want a completely free license to a font I can't imagine it would cost more than a few hundred dollars on a freelance site to get a decent clone. That's why I was surprised.

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    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  11. So avoid commercial fonts then by steveha · · Score: 2

    This seems to me like a compelling argument for never licensing a commercial font, and just using the large and growing pool of free fonts.

    Much as my personal policy for software is that if there is FOSS that can solve my problem, I try to use that even if there is something better that costs money. I don't even want to have to keep track of how many copies I have installed, how many backups I have made, etc.

    That "Vamps" logo is pretty straightforward, and I'll bet it wouldn't be that hard to find some free font that would look about as nice.

    Another good option: pay a free-lance artist (or even an art-college student) to design the logo, with a clear contract saying there will be no royalties.

    As others have noted, the music labels are in the business of charging royalties and it's stupid for one to step on a licensing landmine like this.

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    1. Re:So avoid commercial fonts then by xlsior · · Score: 3, Informative

      One minefield with 'free' fonts is that there are countless Fonts on 'free' websites that aren't really free, but merely have the copyright info stripped from the headers and been republished countless of times on 'free font' cd collections over the past 25 years, shrouding their true origins in many cases. The font website owner may think they are free, but that doesn't necessarily make it so...

    2. Re:So avoid commercial fonts then by steveha · · Score: 2

      there are countless Fonts on 'free' websites that aren't really free, but merely have the copyright info stripped from the headers and been republished countless of times on 'free font' cd collections over the past 25 years, shrouding their true origins

      That's extremely interesting and a problem. Now it make more sense to me why someone would license a commercial font.

      It seems that someone should make a project similar to Project Gutenberg but for fonts: provide a central clearing-house of free fonts, but have staff that actually traces the origins of the fonts to establish the actual free status of the fonts.

      A company could also charge for a collection of vetted fonts that are free for all uses, but it might be hard to charge money in a cluttered field with so many free font sources (of dubious provenance, but how many font users are careful about that?), so it would likely be better to have a Project Gutenberg sort of thing that just runs on contributions.

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  12. Re: details by F.Ultra · · Score: 2

    Ok so I looked it up and yes fonts are not copyrightable in the US which is different from how it works over here in Europe.

  13. Re:YEah, only 1.2m is hard to justify by trabby · · Score: 2

    It is a font, of course it can be justified. It could also be aligned left, center or right.

  14. Re: details by lgw · · Score: 2

    Fonts, scents, colors, the rules to games, there's a whole list of stuff you can't copyright. The rules were probably laid down during the "British copyright don't apply in America" stage, early on, to screw over particular English vendors.

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