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Is it infringement to change the design of commercial fonts? What is the application scope of commercial fonts?

infringement depends on the specific circumstances:

1. redesign of commercial fonts when making LOGO does not infringe copyright

2. The logo contains commercial fonts which are suspected of infringement, and can be slightly adjusted

3. Magazine, newspaper, business card, DM single page, and commercial fonts used for packaging are involved in infringement

4. The use of online poster pictures and other commercial fonts on websites is considered infringement. This possibility really exists.

in may p>28, Beijing Peking university founder electronics co., ltd bought 55 products such as "Rejoice Shampoo" and "Rejoice Essence" produced by Guangzhou Procter & Gamble Company at Carrefour Zhongguancun Plaza Store.

Founder Company believes that the manufacturer Guangzhou Procter & Gamble and the seller Beijing Carrefour have infringed their copyrights, so they filed a lawsuit, demanding that Guangzhou Procter & Gamble immediately stop using and destroy all the outer packaging, product logos, product trademarks and product advertising materials with Founder Qianti series, Founder cartoon and Founder children's font library;

Beijing Carrefour immediately stops selling all products with the above fonts; The two defendants publicly apologized, eliminated the influence and compensated for economic losses.

A few days ago, the Haidian District Court in Beijing concluded this copyright dispute case. The court found that the font itself has copyright, but the words in the font have no independent copyright, so all the claims of the other company are not supported. Founder Company refuses to accept this judgment and will appeal.

Wang Hongcheng (Judge, Intellectual Property Court, Haidian Court, Beijing): The computer font and the corresponding font software developed by Founder Company are a collection of original digital expressions of words. Founder Company has invested in intellectual creation, which makes the collection of fonts with aesthetic significance have certain originality, conforms to the characteristics of art works stipulated in China's copyright law and should be protected by copyright law.

because the structure and strokes can't be changed, the unique style of words is greatly limited. However, when the collection of words is used as a whole font, the style of the whole set of Chinese characters is coordinated and unified, and its distinctiveness and recognition can be greatly different from other fonts, which makes it easier to reach the originality level in the sense of copyright.

For this kind of font works, others can find that the infringement is established by copying and using the font as a whole, especially by using it in conjunction with the copying or embedding of software. If every word in it is confirmed to be original and enjoy the copyright of art works, the basis is insufficient.

No matter what the aesthetic significance is, the font of the font library always has the attributes of industrial products, and what should be protected is its unique style and digital expression.

Moreover, in terms of the effect of Chinese characters used by society, if it is determined that each word in the font constitutes an art work and the words used are similar to those in a slightly distinctive font, it may constitute infringement because of substantial similarity, which will inevitably affect the functionality of Chinese characters as a language symbol, leaving the public with no choice, and it will also hinder the normal use and development of Chinese characters as a cultural symbol, which is not in line with the original intention of copyright law to protect the originality of works.

On the other hand, in this case, Procter & Gamble did not directly use Founder's font software, but the design company really used it and made a profit.

The design company purchased the font software of Founder Company and formed a contractual relationship with Founder Company. If the design company uses the software in a way that is beyond the scope specified by Founder Company, or fails to obtain and use the software through normal channels, Founder Company may sue the design company for breach of contract or infringement.

As the user of the design results, Procter & Gamble Company paid the design company the consideration and obtained the design results. It is difficult to know whether the fonts are used in violation of the contract or not, and it has not obtained improper benefits. There is no legal basis for asking it to bear the tort liability directly.

Based on the above reasons, the court held that the font of Fangzheng Qianti font library is original to some extent, which meets the requirements of art works stipulated in China's copyright law and can be protected as a whole;

However, the words in the font cannot be protected as works of art.. Founder Company demanded that the end user Procter & Gamble's use behavior was infringed on the grounds of infringing the copyright of the works of art with the word "Rejoice" in the font. There was no legal basis, so all the litigation requests made by the other company to Procter & Gamble and Carrefour were not supported.

People's Daily Online-Font Infringement Case: The court found that there was no independent copyright for words in the font.