Bitstream, Derivative Designs, and Frutiger
karen_dupre_-_bitstream_support
There have been many postings recently about Bitstream's method of
adding typefaces to its library. I would like to re-state Bitstream's
policy on typeface interpretations and derivative designs.
I hope that this does not start another huge thread.(I hate those ;-) )
Most of this posting is a repeat of a posting from August
1994. There is some new text that has been set apart
by or marked with asterisks. The new text was true in
August, we just did not include it at that time.
Bitstream follows the rules established by ATypI regarding font names
and designs. ATypI is an international body that regulates reputable
type foundries in their release of type designs and other issues.
According to ATypI regulations a "Derivative Design" is legitimate if
the derivative typeface is based on another foundry's or designer's
work when that work has been available for more than 15 years.
Whenever possible, Bitstream consults the original designer. For
example, the creation of Zapf Humanist, Zapf Calligraphic, and Zapf
Elliptical, Bitstream's digital versions of Optima, Palatine, and
Melior was supervised and commended by Herman Zapf.
As has been discussed here before, in many countries (including the
US), typeface designs are not protectable under law, but typeface
names are able to be trademarked.
*****************************************************************
In all of the situations listed below, Bitstream's design
process is the same. Original artwork for all our typefaces
is first drawn manually then digitized, or first drawn
electronically using CAD systems. Artwork originating at
Bitstream is used for the production of all of our typefaces.
*****************************************************************
The typefaces in the Bitstream Library were developed in one of
four ways:
FIRST
-----
Typefaces designed by Bitstream staff type designers or commissioned
from world-renowned type designers outside of Bitstream (and a royalty
is paid).
Examples are Bitstream Arrus, drawn by then Bitstream staffer Rich
Lipton and Bitstream Amerigo, commissioned from noted Dutch designer
Gerard Unger. These typeface names have been trademarked by Bitstream
to protect them legally.
SECOND
------
Typeface designs/names that are in the public domain. Any foundry may
include these designs in their libraries. An example is Baskerville.
THIRD
-----
Bitstream licenses many of the designs in its library from other type
foundries such as ITC, Fundicion Tipografica Neufville, and others.
Royalties are paid back to all of these foundries based on negotiated
contracts.
FOURTH
------
Bitstream needed to release certain designs into the library and the
original foundries refused to grant licenses to use their trademarked
names despite our offer to pay royalties. (See also the note below.)
In this case, Bitstream issued a _derivative design_ under Bitstream's
own name. In creating a derivative design, Bitstream fully obeys
ATypI's guidelines, and creates original artwork for the design
based on its earliest historical appearances.
Some people find this surprising and/or objectionable, but it is a
practice employed by almost all foundries.
Helvetica and Times Roman are the most popular examples. There are 20
or 30 different-name versions of these popular designs (Swiss, Arial,
Helios, Dutch, Tms Rmn, New Times Roman and others), from many
foundries.
*****
NOTE:
*****
For some faces we were able to "license" the _design_ of the
typeface, instead of the name, from the foundry holding the
trademark to the name. This was done in many cases where use
of the name had been granted exclusively to another foundry.
However, we did pay for the design in these cases.
Typefaces as Programs:
----------------------
Bitstream, along with Adobe and other reputable foundries have
established a precedent in copyright law that protects digital
typeface programs as unique, protectable computer software.
This is a hard-to-explain legal point, but essentially, digital
typefaces are programs, with many unique components (such as hints,
etc), and may not be reverse engineered (as some un-named companies
made a practice of).
However, the logical result of executing that program, a character on
paper for example, has no legal protectability.
********************************************************************
To address a pet peeve of one of the contributors to comp.fonts:
Frutiger
--------
This typeface design was initially prepared by Adrian Frutiger for
his friend Alfred deVolz at Sofratype. The working drawings were
made by Andre Guertler. The face was called Concorde and was
released in 1968.
When Linotype purchased Sofratype, the face was withdrawn, and the
rights were returned to Frutiger.
The design re-appeard in 1970-71 on the signage for the Charles de
Gaulle airport at Roissy outside of Paris.
Linotype purchased the design from Frutiger and it was re-relased as
the typeface Frutiger in 1976.
It has also been released under these names, in no particular order:
Font Name Company
--------- -------
Concorde Sofratype (original release)
Frutiger Linotype (as Mergenthaler Linotype)
Cg Frontiera Compugraphic
Provencale Autologic
Sigfried AM (Addressograph Multigraph)
Freeborn Boeger
Humanist 777 Bitstream
At Bitstream, the original artwork for this font was first done in
1987, 19 years after its initial release. As you can see, this
follows ATypI's guidelines.
The font was not released as part of our PostScript Library (our first
retail library) until 1989, 21 years after its first release.