You asked your legal, copyright, and trademark questions, and Jean has answered! All questions are culled from the comments section attached to the original ‘Ask Jean’ post. We invite you to ask more questions.
Dear Jean,
I occasionally do some freelance work, and I have some questions about typefaces and logos.
How much leeway do I have when using a typeface, such as Times or Arial from the Core Web Font set, in a logo? If I use one of those typefaces as a foundation but tweak the outlines, does that free me from liability? Was I even liable in the first place?
I’ve also been looking at fonts with a SIL Open Font License. These are often referred to as open-source fonts, but what if they’re used in a design? Can the resulting logo be trademarked or protected by a copyright? Does it make a difference if the logo contains only text, like the FedEx logo? What about if the logo also contains original artwork?
Thanks,
KrisDear Kris,
There are two questions here. The first is whether or not you can freely use typefaces in logos. The answer to that question is yes, and it’s true for both Core web fonts and fonts distributed under Open Font agreements. In fact, the creation of text or the tweaking of outlines is considered permissible use under almost any font license. The only thing you can’t do is alter the font and then resell it.
The second question is about the logo you create with the fonts and whether or not it can be protected by a copyright, a trademark or both. Again, the answer is yes. Any logo design that contains original artwork can be protected by a copyright. However, if your logo contains text only, it isn’t technically “original” according to the law, and thus it cannot be copyrighted. But a copyright is different than a trademark. All logos, be they text only or a combination of art and letters, can be trademarked by the client who has hired you to create the design.
Best,
Jean
Jean – thanks for this clear explanation on how to copyright logos with fonts.
I never even considered the implications of typeface in logos. I will need to find out how UK law views this, similar I would have thought.
Thanks for this post. It is very informative. I had an idea that involved text, but the text would be uniquely formated for this idea, in an artsy sort of way. I think based on reading your answer that I could indeed copyright it, based on the fact it wasn’t just plain text. Good info either way.
Hi, I am dealing with a similar situation where I am using a purchased font for a logo, but after contacting the font company where I purchased the font, apparently you can not copyright the text part of the logo, furthermore if any of the other elements in the logo are purchased (vector art) you cant copyright them either, even if you have traced them or whatever.
Doesnt make a lot of sense to me. Isnt that what designers do? Take bits from here and there and add their spin on it to make it their own?
So confused…
Thanks for answering this question – it really helps clear up the confusion around copyright issues. I had a friend who is very sensitive to copyright infringements and sues quite often – I don’t ever want to be on that end of things.
Wow, I never would have thought of the possibility of a font being copyrighted in relation to usage. Interesting Q & A, thanks.
What about a font created in the spirit of another, i.e. an “Unreal Tournament” font that was created by a fan of Unreal Tournament to look like Unreal Tournament’s title font, which is then used as a logo for a different business that’s not even doing game design, such as a computer repair shop? How far does the freedom to use a typeface extend, and does a “fan-font” grant any additional freedom?
Your question raises the issue of trademarks with respect to fonts. A font may or may not be copyrightable depending on the factors, but fonts CAN be protected as a trademark to represent a business–or in this case game design. You cannot use a font that is used as a trademark to represent another business that would be likely to confuse consumers about the nature of the relationship. And that applies to fan fonts. If the font is used to represent the game, there’s not problem. It cannot be used to represent a another business, like computer repair, which could confuse people into thinking the business is somehow endorsed by the game company.
Pretty sure Jean has it wrong. Since there is no reasonable way that someone could mistake a computer repair shop as being a game publishing company, there is no misrepresentation involved.
On the other hand, if you tried to use that font to create a logo for another game publishing company, you could reasonably be accused of potentially misleading people into thinking you are associated with the original company.
But I am no lawyer, and this is just personal opinion.