It’s true that it is not possible to reproduce typefaces from foundries without violating the law?
Ianal. There are many typefaces that are only subtly different. If you create a typeface from scratch (actually from scratch, not tracing an existing font) and give it a new name, it’s not going to exactly match an existing typeface so it isn’t going to be a copyright violation.
However, if you simply copy Helvetica and increase the default stroke width by 1 point, it’s going to be a copyright problem.
YMMV outside the US, but typeface is explicitly NOT copyrightable there at least: https://www.ecfr.gov/current/title-37/chapter-II/subchapter-A/part-202/section-202.1
There’s a loophole about digital font files since parts of common font file formats are considered copyrightable computer programs, but the shape itself is not protected by copyright.
Wikipedia has an article that includes some details from other jurisdictions: https://en.wikipedia.org/wiki/Intellectual_property_protection_of_typefaces
(If you really need to depend on it though, talk to a lawyer who specializes in IP law in the jurisdictions that you care about.)
That’s interesting because about 30 years ago there was a big push for OpenType and other font systems with the story being Adobe owned fonts like Helvetica. It was explained that this was why Microsoft created Arial.
Violating “the law” depends entirely on what country’s laws you’re referring to.
In the USofA a font is considered software. You cannot duplicate commercial software without violating the law.
Based on my reading, you’re not wrong, but the question is about typefaces, not fonts. Fonts are software for using typefaces in a digital medium. I seem to recall that as a result one can use a font to print out a typeface, scan it in, reimplement it from the image to create a new font and that’s then considered a separate font for the purposes of copyright law.
…which sounds insane, so perhaps that loophole has been closed since I read it.
It’s a bit more than that. The letterforms can’t be identical, which a scan would produce. The best example is Arial, a copy of Helvetica.
https://www.plagiarismtoday.com/2024/04/25/is-arial-a-plagiarism-of-helvetica/
The article contradicts your point:
Legally, there is no copyright infringement here. Typefaces can’t be protected by copyright in the United States and only enjoy limited protection elsewhere.
So whether the letter forms are identical makes no difference because there is no copyright protection.
It depends. Look at the usage license for the font you’d like to reproduce. It may be published with a very liberal license that allows reproduction. You can always ask for permission.
