MeetFrank Martinez, a Brooklyn lawyer who has crafted one of the strangest legal practice areas. Some might call him a font troll. On behalf of various font designers, Martinez has previously filed separate multi-million dollar claims against CNBC, Universal Studios, and TNT for allegedly stealing fonts on products ranging from Harry Potter merchandise to Falling Skies screen credits.
In the past, all of the font theft lawsuits have settled. Martinez has not only come to resolution in claims made against CNBC, Universal Studios, and TNT, but also avoided litigation after sending cease-and-desist letters to other targets, including mega-selling recording acts who allegedly were less-than-careful about crafting the lettering on their album cover art.
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While it may not be the most fun part of a design workflow, font compliance is essential because copyright infringement for fonts can (and does) lead to font lawsuits. You may have heard that unauthorized font usage can have serious consequences. But you might still feel unsure about the ultimate costs of font copyright infringement.
The first lawsuit occurred in 2009. Type foundry Font Bureau sued NBCUniversal for $2 million, claiming that their fonts were being used beyond the scope of font licensing agreements. Essentially, the fonts in question had been purchased, but not with the permissions required for them to be used in promotional materials.
Then, in 2011, it happened again. P22 Type Foundry sued NBCUniversal subsidiary Universal Studios for $1.5 million over its font being used for Harry Potter merchandise when the purchased license only supported digital use.
Copying of software casually among coworkers isn't unusual, but it can have serious consequences. While most companies are usually careful about licensing software like Adobe's Creative Suite for each computer it's installed on, they may be less careful about fonts, though they often come with similar license restrictions. NBC and CNBC may find out the consequences of such copying the hard way, after being sued by digital type foundry The Font Bureau.
According to a complaint filed in federal court last week, both NBC and CNBC have been using Antenna, Interstate, and Bureau Grotesque typefaces for various TV shows and station promotions both on TV and online. Though NBC bought and paid for a license for the typefaces, the network only paid for a license to install the fonts on a single computer. The Font Bureau alleges that NBC copied the fonts to more than one computer, running afoul of the license that the company paid for.
Even worse, The Font Bureau believes that NBC has given copies of the fonts in question to unspecified third parties. Distributing the fonts to third partied in this manner is definitely a no-no, and led The Font Bureau to add claims of trademark infringement on top of the copyright infringement claims. Contributory copyright infringement, breach of contract, unfair competition, and violations of New York's general business law round out the list of claims against both networks. The Font Bureau is asking for various damages to be awarded at trial, but believes the value to be "not less than $2 million."
The Font Bureau was formed in 1989 by renowned typographer David Berlow and graphic designer Roger Black, and has designed typefaces for the Chicago Tribune, The Wall Street Journal, Entertainment Weekly, Newsweek, Esquire, Rolling Stone, Hewlett Packard and others, along with OEM work for Apple and Microsoft. Typeface licensing to large corporations is one of the more lucrative sources of revenue for type foundries, and NBC violating its license and sharing the typefaces with other companies makes it harder for The Font Bureau to negotiate licensing deals for its typefaces with other companies.
What makes your company unique?
Seals: We specialize in creating typefaces inspires by the history of minority cultures, specifically by focusing on progressive movements. So each typeface essentially highlights a piece of history from different minority cultures.
What was some of your first professional work?
Seals: The first font I ever made through Vocal was called "Martin." I call it a non-violent typeface. It was inspired by the protest signs carried during the Memphis sanitation strike of 1968. It was Dr. King's last cause before his death that year in April. The font itself is inspired by the signs that read "I am a Man," the famous quote, along with "Honor King: End Racism."
How do you compose your fonts today?
Seals: The first thing I do is try to figure out who I want to highlight. whether it's a specific race, movement or agenda. Then I try to find a specific activist or community leader to name that font after. Then I try to find protest signs that most people have a connection to. I want to focus on protest signs that maybe a hundred people carried.
What's the response been to your work?
Seals: People have actually designed protest sign generators using my fonts. People have made stencils and murals that read Black Lives Matter out of my fonts. And since the murders of George Floyd and Breonna Taylor and Auhmad Aubrey I was asked to design a poster with a manifesto by Patrisse Cullors of the Black Lives Matter movement for we transfer. The list goes on and on.
How did you get stated with this?
Seals: My journey began at the age of 4. It started with a headache, then the headaches became paralyzing. I had a brain tumor. And as I grew it grew with me until it became about the size of a golf ball. But through that ordeal drawing and writing became my only real means of working through the pain.
So when you set a block of text in a given typeface, that block of text should have an overall even texture. An even texture indicates that the visual weights of the individual letters are well-balanced. Thus, the inherent differences between the letters shine through, rather than those inherent differences being muddied by haphazard variations.
Comic Sans and Papyrus differ in stroke variation. Comic Sans, which mimics letters drawn by a marker, has no stroke variation. Papyrus, which mimics letters drawn by a broad-nibbed pen, does have stroke variation.
The kerning tables determine how close to one another various letter combinations are. The type designer literally goes through every conceivable letter combination and determines how close either letter in each pairing should be to one another.
If you tried to close the white space between the f and the o, the crossbar of the f would get very close to the o. This creates a point of tension. It becomes a distracting point that interrupts the flow of reading, and makes the overall texture uneven.
OpenType started being developed at Microsoft in 1994. Adobe then began contributing to the project in 1996. OpenType is a technology that allows a single font file to cover a bunch of different variations of the same letters.
A Papyrus with contextual alternates would still not have the areas of subtle transparency that you would see in letters actually scribed on Papyrus, but even if there were only a few versions of each letter, that would be a big step forward. A step toward material honesty.
There are a number of theories about why humanoid figures in the uncanny valley make us uncomfortable. Some think they remind us of our mortality. Others believe they trigger the same reaction that would make us avoid someone sick with a contagious disease.
The designs Costello was making were to eventually be milled into metal molds. The drill bit that mills the molds spins, taking away layer after fine layer of metal, making a three-dimensional relief. Under a magnifying glass, it might look like a cardboard landscape model you might see in a museum.
So the Mint discourages coin and medal designers from using Papyrus not because Papyrus itself is a materially dishonest font, but because using Papyrus on a coin design is so materially dishonest that it borders on impossible.
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