1. What do I do if I am contacted by Mans Greback?
We are not your lawyers and cannot give you legal advice. However, we do not believe Mr. Greback has any legitimate reason to ask you for a license fee for using our typefaces. You certainly can ask Mr. Greback to provide proof to support his demand for a license, such as a copyright registration certificate. You can also confirm with Mr. Greback that we put him in touch with our attorney almost seven years ago and that he has never made a claim against us, in any court in the world. You may also point out to Mr. Greback that if he really wanted to resolve this issue, instead of bullying small entities, he would reach out to us, the manufacturer of the typeface, not the end users.
2. If the UB stamps are all legal, how can Etsy take down my items?
Etsy’s Intellectual Property Policy can be found here. https://www.etsy.com/legal/ip
Etsy’s DMCA Notice Requirements policy here. https://www.etsy.com/legal/ip-dmca
As you can see, if someone files a DMCA notice pursuant to the terms, Etsy will likely take down the material. If the other party files a counter notice, Etsy will likely restore the information within 10 days unless a party files a law suit. As mentioned above, in the United States, the shapes of typefaces are not eligible for copyright protection and we do not think anyone will file a lawsuit in the United States on this issue.
3. Does this apply in the UK, US, Australia, South America, Japan? Globally?
We are a company based in the United States and we are most familiar with the laws of our country. We can say that we have never been sued, in the United States, or anywhere in the world, for copyright infringement. According to our research, Germany does allow for copyright protection for typefaces created in Germany by Germans. The United Kingdom does something similar for typefaces created in the UK by English citizens but makes an exception for usage by typographers. We understand from his website that Mr. Greback is in Sweden. We are not aware of any Swedish court ruling that Swedish copyright law protects typefaces. Again, we are not aware of any legitimate claim of copyright infringement by Mr. Greback.
4. Just because this is legal in the US, is it the same for the Berne Convention?
The Berne Convention is a copyright convention that requires its parties to treat the copyright of works of authors from other parties to the convention at least as well as those of its own nationals. The Berne Convention is not a separate basis for filing a copyright lawsuit, it is a convention that helps explain how existing copyright law in the Berne member countries will be interpreted.
I realize that this is confusing and I thought I would reword the above statement for better understanding. I hope this helps.
The Berne Convention is an international agreement that requires the Convention members to treat the copyrights of authors from other countries at least as well as those of its own authors. The Berne Convention helps explain how existing copyright laws in the member countries will be interpreted. The Berne Convention is NOT used as a basis for a copyright lawsuit.
5. Does The Urban Beader have licenses for all of their fonts?
Remember, fonts are computer files or programs that inform your printer or display how a letter or character will be displayed. We currently have commercial licenses for fonts that have used in digital form and any of our marketing material.
6. Does The Urban Beader have copyrights for all of the alphabetic/numeric stamps?
Remember, a “typeface” is a set of letters, numbers and other symbols whose forms are related by repeating certain design elements that are consistently applied used to compose text or other combination of characters. In the United States, the shapes of typefaces are NOT eligible for copyright protection.
7. Does The Urban Beader have copyrights for all of the design stamps?
While we may not have copyright registrations for all of our stamp designs, in the United States, works of original authorship that are eligible for copyright protection are protected by copyright the moment they are created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
8. Did the Urban Beader steal art from fonts?
No. We are artists and creators and makers just like you. We are committed to respecting the laws and doing what is right. We have been in business for 12 years and have never been sued for copyright infringement. While we may be inspired by many different things, and incorporate elements of those inspirations into our creations, we do not steal and do not violate copyright law.
9. Why is it legal for us (buyer/consumer) to use these stamps without a license from the font makers?
Remember, a “typeface” is a set of letters, numbers and other symbols whose forms are related by repeating certain design elements that are consistently applied used to compose text or other combination of characters. In the United States, the shapes of typefaces are not eligible for copyright protection.
10. Isn’t this just a technicality that The Urban Beader is using to steal someone’s work?
No, it is our job to follow the law and do what is right. We are confident that there is no legal obligation for us to take a license to sell our stamps. As artists, we are also comfortable with our personal choices. Of course, if you want to voluntarily support another artist because you were inspired by his/her work, we recommend that you do so.
11. If you don’t have licenses for your fonts, why do you ask us to have them for custom orders?
Remember, fonts are computer files or programs that inform your printer or display how a letter or character will be displayed. Fonts may be protected by copyright law and we ask that you have licenses for all fonts that you use in connection with our services.
12. Is font and typeface the same thing?
No. Fonts are computer files or programs that inform your printer or display how a letter or character will be displayed. A “typeface” is a set of letters, numbers and other symbols whose forms are related by repeating certain design elements that are consistently applied used to compose text or other combination of characters.
Since they are software, fonts may be protected by U.S. Copyright law. In the United States, the shapes of typefaces are not eligible for copyright protection. (Also refer to #3 for global questions.)
For more information regarding this matter, please consider reading the following blogs.