Many people start their fonts from old specimens they find and make changes and or add more characters.

What you can’t and shouldn’t do is start by using someone else’s font and make your own. Ethically speaking, whether you start from the actually font file or if you print it out, either way, you are on shaky ground.

Just because a font is too expensive is not a good reason to do it. Consider the time you will spend to create the font. How much is your time worth? Add to that any legal woes you might have should you step on someone’s toes. Now is it less expensive to actually license the font?

So if I create a font from scratch and it resembles another font I am OK?

Legally, there are (at least) two points to consider:

1) Font/Typeface NAMES can be (and are) protected by copyrights. Many names you see over and over again are older, and may be in the public domain, but most are owned/licensed by existing foundries.

2) Font/Typeface DIGITAL data (or, in legal parlance, the “font program”) CAN be (and is) protected by copyright. This means you can’t take an existing font file, rename it, and then distribute or sell it (without permission).

The rest is murky... most font designs are “based on” some existing design(s)... after all, there are only 26 basic letterforms, and they have to look somewhat alike or no one would ever be able to read them. And designers have been “copying” fonts since before Guttenberg... it’s just the technology that’s changed. I think the current “legal” rule of thumb would be: if you create (draw from scratch) a font, even if it visually references an existing font, WITHOUT directly “copying” it, and give it a unique/unlicensed name, you’re o.k.

Thanks Scott. Thats kind of what I suspected. I commend you on your Letterform and Guttenberg references too! Not many people know that type of info. I personally love typography history, it’s the legal I am a little foggy on.

Good points, Scott.

I should mention I’m not a lawyer. Just a person who has spent too much time reading font EULAs.

If you create a font from scratch and it resembles another font and it is for personal use only (and you aren’t using their font in any way, shape, or form; and you don’t intend to sell it) you are probably OK. But, if you plan to sell the font in any way I’d suggest getting a lawyer first.

I’m not looking to sell it, just use it in advertising.

I’d be curious about which typeface it is. Would you consider contacting me off-list so as not to expose your idea? If not, I understand.

I will email you, is this sites email private?

Not sure I follow, but you can contact me through typegirl at gmail dot com

I sent you mail

Scott - there’s usually always a line in the EULA that says reverse engineering is not permitted. That basically means you are not allowed to modify the data without permission.
Your best bet is to contact the owner of the software and explain what you want to do. Most foundries will allow custom modifications if they get paid to make the modification (they may just give you permission) and you are covered in terms of licensing the original software. Of course the modified font must be for your own use only and can not be resold.

If you’re drawing from scratch it doesn’t matter what it looks like (although there is the issue of moral rights), you must avoid using names that are trademarked if you intend to resale.

Don’t quote me on any of this. Always use a lawyer.

In addition to the above comments:

A few US typeface designs are protected by design patent. Design patent protects the abstract design of a typeface.

Some European countries recognize copyright on the abstract design of a typeface as well, but only for some typefaces.

Cheers,

T