Copyright Do's and Don't's

Carl Shank • October 23, 2023

Copyright Do's & Don't's. "The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Tımes to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." (U.S. Constitution, Article I, Section 8). Lawyer Sara Hawkins* notes that copyright laws are here to encourage the right of creation to authors, rather than to simply deny its use by other people. However, there is a delicate balance to be struck between the creator's rights and the public interest. How do we keep the rights of authors and yet let others use it?


Copyrights are granted to protect original works of authors, whether it be in literary, written, dramatic, artistic, musical or certain other types of works. Copyrights attach to something once it is created, by a snap of the camera, or the pen of an author, or the sound bites of a musical group. You do not have to file special paperwork for copyright rights, as is the case for trademarks and patents. Thus, by applying the copyright symbol (©) I have printed and published a number of books and typographic articles and fonts without any special paperwork from the government. The copyright owner can (1) reproduce the copyrighted work; (2) display and publish it publicly; and (3) prepare derivative works based on the copyrighted work.


Copyrights do not apply to works in the public domain, words, names, slogans or short phrases (those may have protection in trademark law); blank forms; works that are not original; and government works. Ideas, procedures, processes, systems, method of operation, concepts, principles or discoveries are not copyrightable. Thus, the ALPHABET, for example, is not copyrightable. "The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place."(Section 120a) In other words, pictorial representations are permitted of copyrighted works, if the work is located in a public place where everyone and anyone can see it. I have a photo of a bronze statue of Ben Franklin and the printing press, which is located on the grounds of the Masonic Village in Elizabethtown, PA. That photo is allowed under copyright laws.


Copyrights are long-lasting — "Copyright in a work created on or after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and 70 years after the author’s death." (Section 302a) Also, "In the case of an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first."  Copying of a work includes printing, photocopying and similar methods of mechanical duplication. It is not permissible to reproduce copyrighted materials without the written authorization of the copyright holder unless it qualifies under the copyright law's doctrine of "fair use."


How do I legally use a copyrighted work? There are two ways currently available — Get written permission from the creator for its use, or use it perhaps under what is called the "Fair Use" doctrine. Sara Hawkins again says, "The purpose of the Fair Use Doctrine is to allow for limited and reasonable uses as long as the use does not interfere with owners' rights or impede their right to do with the work as they wish." Fair Use is found in USC Section 107 of the Copyright Laws. It depends on four factors — (1) The purpose of use of the copyrighted material. Fair use of copyrighted works, as stated in US copyright law, “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” If you are doing a research paper, for instance, you are allowed to quote a copyrighted source, for comment or critique without permission from the original copyright holder. The rules of etiquette require usually footnoting such use. Also, this does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. 


(2) The second test in "Fair Use" cases concerns the nature of the copyrighted work. Using a more creative or imaginative work (novel, music, movie) would probably not support a Fair Use claim, than a use of a more technical article or a news item. Also, "transformative" uses that adapt the work to something that is decidedly new, with a further purpose or different character, and do not substitute for the original use of the work, can fall under the Fair Use doctrine.


(3) The third test is the amount and substantiality of the portion used in relation to the copyrighted work as a whole. If the amount borrowed or used is relatively small in relation to the whole work, this favors a Fair Use finding by the courts. But if the portion used is at the "heart" of a work, this factor will likely weigh against a finding of fair use even if that portion was otherwise a very small amount.


(4) The fourth test for Fair Use is the effect of the use upon the potential market for or value of the copyrighted work.  So, as Matthew Goings notes: "An unofficial Seinfeld trivia game would not be not fair use because it could or would affect an official game even though none existed." (https://copyrightalliance.org/faqs/what-is-fair-use/) He says that "Courts evaluate fair use claims on a case-bycase basis, and the outcome of any given case depends on a fact-specific inquiry. This means that there is no formula to ensure that a predetermined percentage or amount of a work—or specific number of words, lines, pages, copies—may be used without permission."


What about AI generated materials and copyright laws? Talk about a thorny issue. Right now, in the courts, there are lawsuits pending against big time AI players such as GitHub and Microsoft and Open AI seeking to see whether or not AI created materials are subject to copyright violations and piracy on a level not seen since the Napster violations in the 1990s. Getty Images have filed a suit against Stable Diffusion, an  AI art developing tool, claiming that its images are too close to the real thing and thus violate copyright laws. This is far from "Fair Use" standards. The Clarkson Law Firm has two class action suits against OpenAI and Google claiming that AI "stole" copyrighted materials from their creators.** Moreover, the U.S. Copyright office has ruled that AI cannot be considered an "author," since only a person can be an author.


Additionally, Internet Archive (https://archive.org/) has filed with the commission investigating AI and copyrights. They do not support any additional laws specifically targeting AI. They write — "Our high level view is that copyright law has been adapting to disruptive technologies since its earliest days and our existing copyright law is adequate to meet the disruptions of today. In particular, copyright’s flexible fair use provision deals well with the fact-specific nature of new technologies, and has already addressed earlier innovations in machine learning and text-and-data mining. So while Generative AI presents a host of policy challenges that may prompt different kinds of legislative reform, we do not see that new copyright laws are needed to respond to Generative AI today."



At present, this is an open-ended issue, and the courts and Congress will have to argue it out. Suffice it to say at this juncture, that using AI to re-create an illustration or an entire book may involve copyright breaches. Be careful in using the technology to bypass coded laws.


What does all of this mean for the typographer or printer or publisher? I would suggest several avenues of using copyrighted materials.

  1. Seek permission for its use. This is always the best and most honorable course of action. You may have to contact the publisher, who then in turn may contact the writer. I did this for a study guide I wrote on a book from Oxford Press in England on the life and work of Jonathan Edwards, the great early American theologian in New England. While it was only a study guide with excerpts on which to comment, and for church study and use exclusively, the Press required a contractural engagement that lasted for one year with a limited number of copies that could be printed and made available, even for religious study and use. It would have cost me $500 for twelve copies for a year. I declined and went another route with some of the material.
  2. Use legitimate free sources for photos and images. I use dreamstime.com in their free portfolios for the background photos and images for a number of book covers I have crafted. There are other legitimate sources in iStock, for instance. Licensing uses and rules apply to most of these freebies. And give credit for where credit is due, even for the freebies.
  3. Use your own work and photos. I know this requires substantial time and effort, but it is usually the right thing to do. I put together a historical calendar of the Lancaster PA area using photos I personally took.
  4. Use the old "buyer beware" adage here. Are you willing to risk your site being taken down, or getting a cease and desist letter, a bill or actually being sued through the Digital Millennium Copyright Act (DMCA), which can be very, very costly. People actually make a living on book royalties and selling or licensing their work. Poaching their work for pleasure or profit is unacceptable.


(I would also recommend a lawyer firm with which I have worked in the Lancaster, PA area. Please note this article from them at https://gkh.com/protecting-copyrights-vs-protecting-trademarks/)


(*Sara Hawkins, Copyright Fair Use and How It Works for Online Images, https://www.socialmediaexaminer.com/copyright-fair-use-and-how-it-works-for-online-images/)

(**Lucie Růžičková, Ai and Copyright: The Legal Landscape, https://blog.apify.com/ai-copyright/#:~:text=In%20general%2C%20the%20answer%20to%20%22Can%20AI-generated%20content,only%20a%20person%20can%20be%20considered%20an%20author.)



Successful Layout & Design

More Fournier

By Carl Shank • August 20, 2025
(UPDATE FROM POST DECEMBER 23, 2024) Pierre-Simon Fournier — In our history of typography series, Pierre-Simon Fournier (1712–1768) was a French typographer and type designer, renowned for his contributions to the field of typography in the 18th century. He is best known for his work in creating typefaces that reflected the elegance and sophistication of the time. Fournier's work in type design focused on creating typefaces that were both visually appealing and functional. His types were characterized by their clarity, beauty, and legibility. The typeface Fournier is an aristocratic roman typeface. It is transitional, almost modern, in character, with a distinct French flavor, but with more grace and style than traditional French oldstyle designs. This modern character influenced the later work of Bodoni.(See Sample) One of Fournier's significant contributions to typography was his establishment of a typographic point system. He invented a system that standardized measurements for type, which provided consistency and made it easier for printers to produce high-quality texts. This innovation helped printers achieve consistency in their work. Fournier published a seminal work in the history of typography titled Manuel de la Typographie ( Manual of Typography , two volumes published in 1764 and 1766), which included detailed descriptions of his typefaces along with examples. This work served as a reference for printers and typographers. The Introduction gives an overview of the principles of typography. In his Classification of typefaces, Fournier emphasizes the distinction between different styles, such as Roman, Italic, and Gothic types. The manual includes practical tips for setting type, including spacing, alignment, and layout, aimed at improving the quality of printed materials. Fournier includes numerous type specimens, showcasing his designs and providing examples of how different types can be used effectively in printing. Throughout the text, Fournier discusses the historical development of typography and its evolution, reflecting on the influence of various cultures and periods on the art of type. Other contemporaries elsewhere, such as J.M. Fleischman and J. Enschedé, started imitating Fournier's style. In the 1750s, his career was at its peak. He advised royalty in Sweden and Sradinia on types, and set up a printing shop for Madame de Pompadour. He developed musical types in cooperation with J.G.I. Breitkopf in 1756. Fournier's designs influenced future generations of typographers and established a foundation for modern type design. His methods and styles contributed to the evolution of typography, leading to the development of various typefaces we see today. The ORNAMENTS display is a careful digitized reproduction by CARE Typography of Fournier's original ad as seen in the "Fournier Specimen Book" by Lanston Monotype, 1927, in London.

A Cross Inspired Typeface

By Carl Shank • July 24, 2025
A Cross Inspired Typeface. CARE Typography has been able to craft a typeface of Christian crosses from the history of the Christian Church throughout the world. We named it CrossesTwo to simply distinguish it from other writings. It is a FREE font, available to all who ask. Christian crosses are used widely in churches, on top of church buildings, on bibles, in heraldry, in personal jewelry, on hilltops, and elsewhere as an attestation or other symbol of Christianity. Crosses are a prominent feature of Christian cemeteries , either carved on gravestones or as sculpted stelae . Because of this, planting small crosses is sometimes used in countries of Christian culture to mark the site of fatal accidents. Not far from where we are, there is a huge Christian cross built by a Virginia church marking not merely the site of the church building, but announcing the central message of the Bible there. Christian crosses are powerful symbols that convey theological meaning, cultural identity, and historical legacy. Over centuries, many distinct styles of the cross have developed across Christian traditions, regions, and periods. Some of the most prominent crosses are the traditional Latin Cross (Letter "L" in CrossesTwo typeface), where the vertical beam extends beyond the horizontal cross bar, the Greek Cross , a cross with four arms of equal length (Letter "V" in the typeface), the Orthodox (Eastern) Cross (Letter small "o" in typeface), with three horizontal bars — the top for the inscription (INRI), the middle for the hands, and the slanted bottom bar for the footrest, the Celtic Cross (Letter "1" in the typeface), which is a Latin cross with a circular ring connecting the arms. The traditional Latin cross symbolizes the crucifixion of Jesus, with the empty cross signaling that He rose again from the dead, and is used in Western Christianity, Roman Catholic, Protestant, and many global Christian contexts. The Greek Cross is common in early Christian art and Byzantine Christianity and used in Eastern Orthodox, Byzantine, and early Christian monuments and mosaics. In the Orthodox Eastern Cross the slanted bar represents the two thieves crucified beside Christ — one rose to heaven, the other descended. It is used in Russian, Greek, Serbian, and other Eastern Orthodox Churches. The Celtic Cross had its origins in early medieval Ireland and Britain, associated with Celtic Christianity. It has been used in Irish Christianity, Anglican, some Protestant denominations, and decorative gravestones. The Coptic Cross (Letter "5" in the typeface and note Letter "e" where the Ethiopian Cross is a close match to the new Coptic Cross) is a a variation with intricate, symmetrical designs — sometimes with equal arms or surrounded by circles. It is used by Christians in Ethiopia and Eritrea. The Jerusalem Cross (Letter "j" in the typeface) has a large central cross surrounded by four smaller Greek crosses, used by the Crusades in the eleventh century, is the Heraldic symbol of the Crusader Kingdom of Jerusalem and used by Franciscans and in modern Jerusalem-related contexts. The Russian Orthodox Cross (Letter "o" in the typeface) Features three horizontal bars — top (INRI), middle (hands), and slanted bottom (feet). The Tau Cross (Letters "T" and "t" in the typeface) is shaped like the Greek letter tau and has been adopted by St. Anthony and Franciscans to symbolize Old Testament sacrifices and God's protection (Ezekiel 9:4). St. Andrew's Cross (Saltire) (Letter "s" in the typeface) is an X-shaped cross from the tradition that Andrew the Apostle was crucified on a diagonal cross. It is the symbol of Scotland and the Eastern Orthodox Church. The Papal Cross (Letter "P" in the typeface) is a vertical staff with three horizontal bars, decreasing in length, representing the pope’s triple office: bishop of Rome, patriarch of the West, and successor of Peter. The Cross of Lorraine (Letter "l" in the typeface) is a vertical bar crossed by two horizontal bars — the lower one longer, has been used in Western Europe during the Crusades and was a symbol of French resistance in World War 2. The Patriarchal Cross (Letter "p" in the typeface) is similar to the Cross of Lorraine, but primarily associated with ecclesiastical hierarchy, and used by archbishops and patriarchs in Eastern and Western churches. Each cross reflects regional theological emphases, cultural aesthetics, and historical developments. While the Latin Cross remains the universal Christian emblem, the variety in form reveals Christianity's global and historical richness. Note the CrossesTwo typeface below with the description of these and many other crosses. (Credit for the opening image is given to Matteo Corti - http://en.wikipedia.org/wiki/Image:Muiredach_s_Cross.jpg, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=1393567)
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