Study Of The Copyright Objectivity Of Computer Fonts

In recent years,font softwares are used more and more widely in China.The issue whether a computer font can be protected by the copyright law appeared in some cases.Many scholars studied this issue and came up with some arguments and reasons.In the introduction,three representative arguments are introduced and analyzed and a suggestion are made that this issue should be analyzed based on the copyright object provisions.In chapter one,the conceptions of a font,a typeface and a font sofware are made clear.The connections and differences between them are pointed out.Then,two contradictory judgements are introduced.In one case,a font is protected by the copyright law,in the other case,a font is not protected by the copyright law.The issue whether a computer font can be protected by the copyright law appeared.In chapter two,the indication of the expression and the categories of the idea are made certain.The dichotomy of ideas and expressions are introduced.The font of “Ran” in the Fang Zheng Ping He font software are analyzed and a conclusion are made that the expression of a font is the font and the idea of a font is the Chinese character.In Bao Jie case,in the light of the conclusion the expressions of the fonts of “Piao” and “Chou” are the fonts and the idea of the fonts of “Piao” and “Chou” are the Chinese character “Piao” and “Chou”.In chapter three,merger doctrine and scenes a faire are introduced along with the general situations in which them are applied.The font of “Zi” in the Fang Zheng Ping He font software are analyzed in the general situations and a conclusion are made that the expression of a font is too simple to merge with the strokes of a Chinese character in rare situations.In Bao Jie case,in the light of the conclusion the expressions of the fonts of “Piao” and “Chou” are not applied to merger doctrine and scenes a faire.Furthermore,the expressions of the fonts are not applied to merger doctrine and scenes a faire in most situations.In chapter four,the originality are introduced.As to the independent creation,the later font will be regarded independently created as long as the plaintiff can not provide any evidence that the later font is substantially similar to any former one.As to the generally recognizable personality of the authors,creation spaces exist only in the stages of manuscript creation and renovation due to the restriction of creation requirements,tools and methods.Certain fonts in the two stages are analyzed and a conclusion are made that a font in the stage of manuscript creation will embody the personality of the author even in compliance with the restriction of requirements,tools and methods.In Bao Jie case,In the light of the originality the expressions of the fonts of “Piao” and “Chou” are originated from the author.In conclusion,the fonts of “Piao” and “Chou” shall be protected by the copyright law.