Infringement? Liability? Creating fonts from published Calligraphy

James Ivey
15.Nov.2007 6.32pm
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Hello Everyone.

I am webmaster of an association’s website that hosts scanned images of vintage books on calligraphy and penmanship: http://www.iampeth.com/books.htm

Today I was contacted by a typographer that would like to create a couple of fonts from some images on our website, that were originally published in a book:

http://www.iampeth.com/books/dennis_pen_art/dennis_pen_art_page27.html
http://www.iampeth.com/books/dennis_pen_art/dennis_pen_art_page28.html

The artwork in the book was created by W.E. Dennis, and published in 1914 by the A.N. Palmer Company.

If we agree to provide high-resolution scans of these pages to aid this typographer in his creation, could IAMPETH (the owner of the website) be liable at all? Would we be violating any type of copyright laws?

I would be very grateful for any advice you could offer.

Trying to do the right thing,

James Ivey
Dallas, Texas



sii
15.Nov.2007 6.44pm
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I suppose if I were in this line of business I would provide scans without providing any specific rights or permissions regarding how they could be used, only how they can’t be used. So I guess what i’m asking is under what terms do you provide the scans?


James Ivey
15.Nov.2007 6.55pm
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Hi sii. Thanks for responding.

Wow. Haven’t even considered that. Since we (IAMPETH) don’t own the copyright for the book or the artwork, it didn’t even occur to me to consider terms of use.

I guess part of the dilemna is, since we don’t own the copyrights, is it even our permission to give?

If he (the typographer) were breaking any laws by creating and selling the font, would we (IAMPETH) be getting ourselves into hot water by providing the scans? kind of like “aiding and abetting” a law-breaker... that kind of thing.


clauses
15.Nov.2007 7.01pm
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In the United States, all books and other works published before 1923 have expired copyrights and are in the public domain.

Further: http://www.loc.gov/cgi-bin/formprocessor/copyright/cfr.pl?&urlmiddle=1.0...
Section e.


James Ivey
15.Nov.2007 7.08pm
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Thank you for responding clauses. I appreciate it.

I don’t know if it matters, but the images/website is hosted in the United States, and the typographer is in Germany. The book was published here in the U.S.

And thanks for the link. Good stuff.


sii
15.Nov.2007 8.26pm
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James, I think your totally safe in providing the scans, but it does seem strange that the type designer is asking your permission to make a font from them. Like buying a gun and asking permission of the gun shop owner to go shoot tin cans off a fence.


HaleyFiege
15.Nov.2007 8.31pm
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I think it’s rather nice of them to ask :)

And no it doesn’t matter if the person utilizing the public domain images is in another country.


James Ivey
15.Nov.2007 8.40pm
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Thanks sii. He’s really not asking for our permission, he’s just asking for some high resolution scans. We’ve got the original book, and he needs high-res images to start creating his font. We just want to make sure that we (IAMPETH) are not exposing ourselves legally by helping him make his fonts.

I’m like you though... I think we’re safe. I’m ready to go for it, but we’ve got cooler heads than mine that are expressing concern.


crossgrove
16.Nov.2007 8.38am
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I bet it’s Florian.... ;)


pugnax
16.Nov.2007 1.03pm
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As long as the copyright on the book was never renewed you should be perfectly safe.


Lex Kominek
16.Nov.2007 2.50pm
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What copyright permissions did you get when you hosted the book images? I used to work in book digitization, and we had very specific rules as to what we were allowed to do with the images based on a letter obtained from the rightsholder.

If the book is in the public domain (as it likely is), go nuts :-)

- Lex


James Ivey
17.Nov.2007 5.38am
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Lex and pugnax - thank you for your responses.

pugnax - How could I determine if the copyright has been renewed? The publisher, A.N. Palmer Company is no longer in business.

Lex - We did not get any copyright permissions on this particular book. We figured it was public domain since it was printed in 1914.


cuttlefish
17.Nov.2007 8.49am
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This document might have the information you’re looking for:
http://www.copyright.gov/circs/circ15a.html


Florian Hardwig
18.Nov.2007 3.15pm
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Carl: Which Florian?
Certainly not me. I ain’t no type designer … hell, do I want to end up like these guys?
;°)