To (C) or Not to (C)? Copyright and Innovation in the Digital Typeface Industry

Intellectual property rights are often justified by utilitarian theory. However, recent scholarship suggests that creativity thrives in some industries in the absence of intellectual property protection. These industries might be called IP's negative spaces. One such industry that has received little scholarly attention is the typeface industry. This industry has recently digitized. Its adoption of digital processes has altered its market structure in ways that necessitate reconsideration of its IP negative status, with particular emphasis on copyright. This article considers the historical denial of copyright protection for typefaces in the United States, and examines arguments both for and against extending copyright protection to digital typefaces. It compares copyright law with alternative methods of protection for digital typefaces. It also suggests that the digital typeface industry may be a useful lens through which to consider broader claims about the application of intellectual property law to IP's negative spaces in the digital age