Protection of Digital Fonts Under Copyright and Design Law
Digital fonts combine aesthetics and functionality as a key element of modern design and digital communication. A digital font consists of codes that define how it shall appear on screen[1]. These codes enable fonts to be created and used in the digital environment. In this scope, whether fonts expressed as computer software can be protected under the umbrella of intellectual property law has been subject of various debates. This article aims to discuss how fonts can be protected in terms of copyright and design law in terms of Law on Intellectual and Artistic Works and the Turkish Industrial Property Law (“IP Code”) despite there being no decision on the subject in Turkish law, as yet.
Protection of Digital Fonts under Copyright Law
Fonts can be protected by copyright, especially if the font design is based on a creative process, has the originality characteristics of, and by, the creator and is unique. Article 2 of the Law on Intellectual and Artistic Works clearly states that software is literary and scientific works. In this context, the code blocks constituting the fonts may be considered as a computer programme and may be protected by copyright. In fact, this is the underlying reason for the use of fonts under licence. Although no evaluation has been undertaken so far in Turkish law, an examination of decisions on the protection of fonts before American and Chinese courts are seen to clearly state that fonts expressed by means of software can be protected in terms of copyright law.
Considerations concerning the protection of digital fonts as software under copyright has been the subject of court decisions in several countries. The case of Adobe Systems Inc. v. Southern Software Inc.[2], brought before the U.S. District Court for the Northern District of California (“U.S. Court”), received worldwide attention in terms of copyrights; the software for using the font titled ‘UTOPIA’ belonging to Adobe Systems Inc. was copied and used without permission by changing its size dimensions and under the name of ‘VERACITY’[3]. The U.S. Court considered the unauthorised use of the software that creates the font and the changes made to the fonts, and thus the changes made to the specific software, as copyright infringement. The reason stated is that the means by which the font/s are created and enables their use is a software, the creation of this software is unique and should be protected under copyright law.
Similarly, in the case of Founder Electronics Co Ltd v. Blizzard Entertainment[4], the Chinese Supreme Court emphasised that the digital font in dispute is a software and therefore should enjoy copyright protection.
In this context, both U.S. and Chinese courts decisions reveal a common approach: that digital fonts should be considered as software and should benefit from copyright protection in this context. This shows that there is international awareness on the protection of digital fonts under intellectual property law.
In addition to the classifying digital fonts as literary and scientific works, we are of the opinion that the fonts can also be considered as calligraphic works within the scope of Article 4 of the Law on Intellectual and Artistic Works. This is because calligraphy is a type of art applied to typefaces and aims to use typefaces in an artistic and harmonious manner. To do so, the length of the letters is specially adjusted, the letters are arranged symmetrically and the spaces between the letters are arranged proportionally[5]. For example, in the Serif typeface, i.e. a typeface with small lines or strokes added at the end of larger strokes in each letter and symbol, certain spacing between letters, the height of letters, the lines at the end of letters are important.
Therefore, if a font has a distinct originality and aesthetics in its design, it may benefit from copyright protection as a work of fine art under the Law on Intellectual and Artistic Works. For example, original fonts used in a comic book may be protected under the art of calligraphy when used both in the text and in the title of the work.
Protection of Digital Fonts under Design Law
In addition to copyright law, fonts may also be protected under design law. According to Article 55/2 of the IP Code, typographic characters (i.e. typefaces used to make them legible and remarkable by using graphic design techniques) may be protected under design law if they are novel and distinctive. Different typographic fonts are shown below as examples. In this way, it is also considered that novel and distinctive fonts can be protected as typographic characters within the framework of Article 55/2 of the IP Code.
To summarise, digital fonts are among the important creations that may be subject to a multifaceted intellectual property protection in terms of copyright and design law. Within the framework of both international court decisions and the general principles of Turkish law, it can be stated that fonts may enjoy copyright and design protection. In today’s world, where digitalisation is rapidly advancing, the handling of fonts within the framework of intellectual property protection is increasingly gaining importance in legal and commercial terms. In this context, we believe that keeping a close eye on developments regarding digital fonts will be an effective guide to the resolution of possible disputes in Türkiye.
[1] Evans, Emily N., Fonts, Typefaces, and IP Protection: Getting to Just Right, School of Law, University of Georgia, Journal of Intellectual Property Law, April 2014, pp. 306-340.
[2] Adobe Sys., Inc. v. Southern Software Inc, C95-20710, 1998.
[3] https://www.naavi.org/cl_editorial_04/copyright_font_case.pdf.
[4] https://www.managingip.com/article/2a5bxi588dmdrizkngwlc/how-to-protect-typefaces-and-fonts
[5] https://www.avansas.com/blog/kaligrafi-nedir-nasil-yapilir.
[6] https://www.gamzegenc.com/tr/tipografi-fontlar-ve-kompozisyon/
[7] https://www.gamzegenc.com/tr/tipografi-fontlar-ve-kompozisyon/
First published by Gün + Partners in Mar 04, 2025.
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