Copyright Protection Of Computer Font In A Single Font

The protection of computer fonts originated in2007in the easy to the successfulelectronic and information technology companies sued Microsoft in its operating systemwithout authorization Zheng code input method and font easy to violations of the copyright ofthe Times New Roman, boldface library case, for the first time the infringement on thecomputer font in the form of legal action presented in public, subsequently, font companiesfiled a series of computer fonts rights litigation font protection issues in the theory andpractice. The sector has aroused extensive discussion and concern. July2011, the Beijing FirstIntermediate People’s Court’s final judgment of the Founder v. Procter&Gamble lead aclimax of the discussion that whether a single computer font would be protected by copyright.In that case, the parties complained of contention focus is neither a computer font as a wholeshould be protected by copyright, nor is it the Genuine font software to buy the font re-usedfor commercial use license, but Qian body expressed by the word "Rejoice" word whether thescope of works of art protected by copyright, and that a single computer character fonts areprotected by copyright law.For a single computer character fonts are protected by copyright law, international nouniform rules, each country uses a different protection measures according to their actualsituation. There is no legal the issues clearly defined, identified computer font as a whole dueto the original unity of style and give its copyright protection in the judicial practice, but that asingle font in the computer fonts lack of originality does not give copyright protection. Thisapproach not only damages the rights of people enjoyed the work, the right of reproductionand distribution rights, is not conducive to the construction of China’s IPR legal system, butalso hindered the development and exchange of international computer font. It is based on theabove reasons, in-depth study of the issue to the significance of the theory and practice.Through case studies and comparative approach to the protection of a single font forreasonable solutionThe paper is divided into four parts. The first part briefly introduces the case of theFounder v. Procter&Gamble case, and the case of First Instance, the reasons for thejudgment of the judgment made by the court of second instance to conduct a detailed comb;the second part explains several important concepts in computer font instructions on thecharacter development of China’s computer industry conditions and the status of the user using a computer font; the third part elaborates the conservation status of China’s computerfont and a single font, and the status quo in the irrationality of the analysis and reasoning, andalso pointed out that the exclusion of a single font protected by copyright law hazards; Thefourth section describes the mode of other countries in the world protect computer fonts,resulting in establishing a single font to provide protection is necessary. Based on our existingprotection measures, some perfection recommendations of the copyright protection come out.The first part begins with v. Procter&Gamble case, the basic facts from the Founder cut,and then set forth in the Beijing Haidian District People’s Court made the first instance verdict,"Qian body font as a whole due to meet the fine art elements, requirements should beprotected by copyright laws, Qian body font in a single font because it needs to follow thestyle of the of Qian characters overall lack of originality should not be protected by copyrightlaw". Followed by detailed reasons for judgment made by the Beijing First IntermediatePeople’s Court upheld the comb and stated that: designed in cooperation with P&G"Rejoice" packaging NICE purchase Founder containing Qian characters of the word librarysoftware can be regarded as implied license to exercise the intellectual property rights to thereasonable expectations of the way, at the mean time of purchasing, charged with violationsbecause they do not meet the implementation of the Procter&Gamble, copying, distribution,behavior did not get the permission of the Founder elements, therefore, the behavior of theProcter&Gamble Company can’t be identified as infringement.The second section details the status of China’s computer font. Firstly, described someimportant factors with connotation and denotation in a computer font, namely: the font, typos,fonts; followed by a brief description of computer font enterprises in China have emerged inthe1980s, into the glorious period in the1990s, the shrinking of the market in the21stcentury, the corporate bankruptcy industry conditions; Finally, most of the domestic computerusers use to download free pirated fonts from internet, so, lots of unauthorized font has beenused in the packaging, trademarks, advertising. The introduction of the status quo of Chinesecomputer font in this article paving a way to discourse "China’s computer font and a singlefont to protect the status quo","China’s reform on the protection of a single font and perfectexposition ".The third part studies the conservation status of China’s computer font and a single font.In China’s current laws and regulations, the font as well as a single font can be used as worksof art to protect isn’t defined clearly. Now our country has given legal protection to computer font software copyright protection as computer software, in accordance with the court verdict,the computer font as a whole to give copyright protection as works of art, throughadministrative procedures to give special protection of computer font, many now mode toprovide legal protection for the character. This article is to collate and summarize the viewbased on a single font should be subject to copyright laws protect this lively debate from thelevel of legal theory and legal practice level, the level of social commentary, analysis, come toChina Tong said that a single font should not enjoy copyright conclusions of the protection.But from the Founder v. Procter&Gamble ’Rejoice’ case, I analyzed that large numbers ofstaff in the Founder Organization in accordance with the unique structure of the writing, theuse of computer phototypesetting technology to create the6763has a unique and unified styleQian characters, fully meet the copyright law for works of art should belong to the realm ofart, originality, the constituent elements of the intellectual achievements that can be replicatedin tangible form, so the font as a whole should be protected by copyright law; should obtainthe copyright for a single font in the font protection issues, I believe that as a single font in thefont of creativity is low compared to the word calligraphic works of the calligrapher separatehighly personal style of writing, but because of its adherence to the unity of style of the fontcompared to other with the originality of the characteristics of the same word in the font, sothis can not simply deny the originality of the word, and although the words of the samecharacter must follow a unified style of the font, but because of the word in strokes,constructed with the other words, compared to the obvious differences, so a word of whichlicense also will not cause each other to deny its originality, summary, I believe that a singlefont in the font in full compliance with copyright law the constituent elements of the works,and thus should be protected by copyright law. China’s judicial practice in a single fontcompletely excluded from copyright protection outside the scope of this approach is not onlyinconsistent with the Intellectual Property Protection of intellectual property rights to preventthe abuse of intellectual property protection concept, and is free of charge, to use a single fontbehavior connivance, for the prosperity and development of the traditional culture of theChinese font, the font industry development and growth is also a big hurdle, so to exclude asingle font protected by copyright hazard noteworthy.The fourth part studies our single font protection reformation and improvement. Firstsection introduces the other countries’ protection of the font and focuses on the protectionmode of the world’s first legislation to protect the font, and font protection of the most comparable of China’s Taiwan region fonts protected mode. Subsequently, from the way ourcountry improve the legal system of intellectual property rights, inheritance and developmentof traditional culture, the font industry’s ability to participate in international competition hasdrawn the conclusion that it is necessary to protect a single font in China. Finally, I focusedon the perfect single font copyright protection in China Reflections controversial mostimportant reason in my opinion, the lack of legal cause font and single font protection, thusChina’s existing laws more broadly interpreted is able to concern fonts protection issues intothe scope of protection of copyright law: Firstly, a single font to comply with the provisionsof copyright law on the definition of "works of art composed of lines, colors or other graphicworks of art of aesthetic significance "in the elements and therefore should belong to ourcopyright laws of the alleged work; Secondly, under the premise of a single font to constituteworks of art, works of fair use provisions of section22of the Copyright Law applies equallyto a single font, so that can solve the rationality of the free use of copyrighted fonts innon-commercial use. Then, use a single font on the existing registration system of copyrightadministrative supervision, the charging system used by a single font to improve protection ona single font from an administrative point of help. Finally, the concept of a single font to beprotected by law to step up publicity to enhance awareness of the public to use a single font orword combinations to protect, and make efforts to seek international protection mode in orderto ultimately establish a sound font copyright protection system.Founder v. Procter&Gamble,"Rejoice" of Qian characters case analysis, obtainedwithin the scope of protection in our existing legal system should not only unified originalitystyle computer font into copyright law, at the same time should also be unified originalitystyle computer font in a single font included in the scope of protection of copyright law. Inmy opinion, due to computer font in a single font follows the unified style of the font, socompared to other fonts in the same words would have had originality; the same time,although the words of the same font followed the unified style of the font, but the word has itsown characteristics in strokes, construct, so compared to other words in the same font with theoriginality. Based on these two aspects of analysis, a single font is in line with the elementsset forth in works in copyright law need to have the original, so a single font in the computerfont should be protected by copyright law. China’s current laws are not clear on the issue ofprotection of computer font regulations, and thus China’s Copyright Law ImplementingRegulations of the provisions of Article4, paragraph8, the "fine art" and "22of the Copyright Law" the provisions of "fair use" can do the appropriate expansion of interpretation, computerfonts also include into the scope of protection; enhanced awareness of the existingadministrative protective measures, protection of the masses for the font on the computer andthe legal protection of a single font in the font....