Study On The Copyright Of Computer Font And Compute Single Word

Beijing Founder Electronics Co.,Ltd.v.Guangzhou Procter & Gamble Co.,Ltd.Chinese font copyright infringement case,triggered a large number of experts and scholars,the font industry practitioners and the community on the computer Chinese font intellectual property protection issues of widespread concern,which also brought the computer font Font,word can be a strong controversy of copyright.Does the computer font and its words meet the original elements and become a work protected by copyright law? Many courts tend to think that the whole font is a composition of art when judging a case of verbal infringement.Is there a problem with this judgment? The focus of this paper is the analysis of the original factors of the word,the difference between the computer word and the calligraphy works alone,and the original analysis of the font.China’s copyright law does not provide computer fonts as an independent form of work.But we can not deny that the computer font is not a work.China’s copyright law uses a non-exhaustive enumeration of the type of work.Therefore,if the computer font font,single words consistent with the composition of the original elements required,it can still be protected by copyright law.Secondly,scholars and experts who believe that the computer font as a whole and the words constitute works often think they are art works.According to the characteristics of the property,both can only be classified in the art of calligraphy works of art.Therefore,in this article,the author will from the original point of view and contrast with the calligraphy art works to deny the computer font as a whole and the word can be copyright.The copyright law only protects original works.Originality is the core requirement of judging whether or not it constitutes a work.This requirement requires the author to include the individual selection and judgment.In determining whether the words constitute the work,we must analyze the design of the word composition,consider whether it can express the author’s personality.However,in the analysis of the originality of the word,we must note that Chinese characters have their own structure and characteristics of the strokes.The design of the word must go beyond the shape of the Chinese character carrier,so that it is possible to reflect the individual characteristics of the author.In addition,the Chinese character itself as a practical function of the letter is also the focus we must consider,because it will affect the original ingredients.Some court decisions are not works,and the font has a distinctive feature as a whole,and thus constitutes a work.In response to this ruling point of view,many scholars expressed doubts.In addition,in the court on the verbal infringement of the verdict,the plaintiff often think that its font as a whole and the word constitutes a copyright law works of art,that its glyphs design aesthetic significance.For example,Founder font case,Founder company that its beautiful characters,such as girls slim shadows,and thus have a sense of beauty.Judgment of the font or words constitute the works of the court,but also often that it constitutes the copyright law works of art.According to attribute characteristics,font font and words to constitute a work,can only be classified as calligraphy works.Therefore,I think it is necessary to compare calligraphy works with computer font font,the difference between words.If after comparison,the difference between the two is very large,and the difference is to determine whether it constitutes the key art works.So I believe that we can deny the computer font font,the word constitutes a calligraphy works at the same time,but that they can not even into art works,can not enjoy the protection of copyright law.Judging from the current attitude of the country on the rights of the point of view,protection is certainly a consensus,but the protection of the channel is not the same.Therefore,we need to understand other countries in the font of the legislative norms and legislative background,to absorb its reasonable ingredients.And then in the previous word on the computer as a whole and the origin of the original analysis,to find suitable for our national conditions,for the protection of computer fonts model.To this end,this article is divided into five chapters to analyze and discuss:The first chapter is mainly about the concepts associated with computer fonts,such as fonts,words,font tools,and so on.These concepts are not legal concepts,so it is necessary to elaborate on their concepts and key features before discussing them in depth.This is also later compared with the calligraphy works of art,its legal characterization must be carried out on the basis of work.The second chapter is mainly about other countries in the font of the relevant provisions and precedents.The computer belongs to the emerging technology product.Other countries earlier than China in the case of computer font infringement cases.Based on the substantive elements of the composition of the works-the original provisions are not much different.The two legal systems on the original elements are gradually emerging trend of integration.Therefore,I believe that other countries of the legal experience and jurisprudence for us to determine the computer font infringement cases have important reference.The third chapter is mainly to analyze the originality of the word.The author first carries on the distinction between the carrier shape design and the original design of the work.Computer font design only beyond the carrier of the shape,constitute the design of the original shape of the work,it is possible to constitute works.But the word design is subject to its main function-as the text of the exchange function,its original space is very low,and the existing font in the word is not obvious,so it is still essentially the original shape of the design.If in this case that the computer word composition works,will improve the accuracy of the originality of the standard,leading to the chaos of the situation.But also damage the public interest.In addition,the author also from the computer word and the practice of calligraphy alone to deny the composition of calligraphy works.The fourth chapter mainly discusses whether the composition of the whole font constitutes a work.The whole font is composed of many words.Therefore,the original origin of the font is mainly derived from the originality of the word and the singular selection of the originality of the arrangement.The preceding article has been analyzed,the word is not original,and therefore does not constitute a work.And the font arrangement of the national standard,so the font can not constitute works.In addition,the author will also font and practical works of art,calligraphy works were compared.Chapter 5 mainly discusses the choice of legal path for font protection.The font program belongs to the computer software,the copyright law protects it.There is no doubt that.The author draws on the legislation of other countries,advocates the protection of the design of the font,and its rationality was analyzed.In addition,anti-unfair competition law can provide alternative protection for fonts.