INTERROBANG 2

≠e Case for a User-Friendly EULA Tiffany Wardle Type Designers’ Rights and the Subculture of Freeloading John Downer The Unexposed Fonts of Stefan Hattenbach, Miguel Hernández, Christian Robertson, Daniel Wallberg, and Dyana Weissman Viva Helvetica: Commuting the Death Sentence Jon Coltz

A PUBLICATION INTERROBANG 2 Vol. 2 No. 1 Winter/Spring 2004 A publication of The Society of Typographic Aficionados. Edited by Stephen Coles and Tamye Riggs. Designed by Stephen Coles. Printed by Moench Printing, Salt Lake City, Utah. This issue of Interrobang was underwritten in part by Veer.

This issue’s typefaces: SOTA welcomes your submissions! Ketchupa – designed in 1999 by Peter Bruhn of Sweden’s Fountain. This Please email article proposals, member news typeface comes with small caps and an oblique. A companion font, items, and new typeface designs for Unexposed Mustardo, can be used interchangeably with Ketchupa as an alternate to: [email protected] character set. [www.fountain.nu] Sermone – Originally Simona, this family of 21 fonts was released in 1996 by Director’s Office: Design Lab, Italy. Although this design is currently unavailable for licens- SOTA ing to the public, plans for a relaunch are underway. [www.designlab.it] att’n: Tamye Riggs Helvetica Neue – originally designed by Max Miedinger in 1957 and updated 1190 E. Hwy. 730 in 1983 by the D. Stempel AG and Linotype design studios. Available from Irrigon, OR 97844 Linotype Library, Germany. [www.linotype.com] USA

Copyright ©2004 The Society of Typographic Aficionados. All Rights Reserved. All trademarks named herein are the property of their respective owners. The views expressed herein are tel 541–922–1123 fax 541–922–1124 solely the opinions of the respective contributors, and do not necessarily represent the www.typesociety.org [email protected] viewpoint of SOTA. The contents of this publication may not be repurposed or duplicated without express prior written permission. From the Director’s Chair 4 The past year has seen a strong period of growth for SOTA. Our fifth an- ≠e Case for a User-Friendly EULA I nual conference, TypeCon2003, drew over 300 attendees Tiffany Wardle N to Minneapolis last July. Attendance increased over 150% from 2002’s Toronto event, and the buzz continues to S grow for TypeCon2004 in San Francisco. After our biggest TypeGallery ever was featured at TypeCon2003, we were in- 12 I vited to exhibit the show at other venues in North America Type Designers’ Rights and D and the United Kingdom. the Subculture of Freeloading In May, we were honored to present the inaugural sota John Downer E Typography Award to Professor Hermann Zapf, a friend to sota and the type community. sota also helped sponsor events presented by the St. Bride Printing Library, American Printing History Association, and the San Francisco Center 21 for the Book. Last summer, we began publishing Interrobang. The Unexposed Fonts of We’re pleased to say that the reviews have been favorable, Stefan Hattenbach, Miguel Hernández, and we’re looking forward to bringing you more words and Christian Robertson, Daniel Wallberg, and Dyana Weissman works from the members of our community. Most recently, we received the exciting news that the National Endowment for the Arts awarded sota a grant to help fund special projects at TypeCon2004. We are thrilled 32 that sota and TypeCon were found worthy of funding, as Viva Helvetica: Commuting the Death Sentence graphic design is rarely recognized by the nea. Jon Coltz Every sota member can take pride in having helped this organization grow and change for the better. Thank you for being part of our efforts — we make a great team! 36 Tamye Riggs, Executive Director, SOTA /TypeCon TypeCon2003 TypeGallery creators & users ≠e Case for a User-Friendly eula tiffany wardle End User License Agreements are nobody’s idea of light reading. An educated user and licensor of typefaces, Tiffany Wardle makes the case that most EULAs are confusing and difficult to decipher, and desperately need to be updated in consideration of current technologies and user needs.

hate eulas. II believe in what they protect. But I hate the language in which I am not a lawyer — I am a graphic designer. I use fonts in my they are written, and that each foundry from which I license work and for sheer enjoyment. I pay licensing fees, and I want type has a completely different set of licensing terms. to adhere to the terms of each unique eula, but sometimes it’s Whether acquired by electronic download or snail mail, each difficult. I humbly request more standardization in the agree- typeface typically comes with a document that spells out our ments between type designers and distributors and their clients, rights of use. This document, better known as an End User Li- the end users. I also ask that the language be simplified. cense Agreement (eula), is a legal contract that we have entered into by licensing a typeface. It is necessary not only to read the eula, but also to understand it. This is easier said than done. Most eulas are written in “legalese” more easily understood by lawyers. Granted, this is no excuse — it is our responsibility as users to understand the legal contracts that are attached to the typefaces we have licensed. Although it’s easy to install and be- gin using a new typeface immediately, it’s in our best interests to first ensure we are entitled to use it the way we intend to.

INTERROBANG 5 It might be easier to understand the le- While I’m asking that foundries simplify gal issues associated with typeface licensing their eulas, I’ll also point out that there are if we think of typefaces as font software. We resources available on the internet that can are not purchasing a font, we are actually li- assist end users in gaining a better under- censing the right to use software on a certain standing of typeface protection and usage set of hardware. It is often stated (incorrect- (see “Online Resources” on pg. 11). The American ly) that we have purchased a typeface, but Institute of Graphic Arts (aiga) has devel- I’m on the side of the that’s not the case. We don’t own a typeface, oped the Design Business and Ethics series with and it’s not ours to do with what we will. a section devoted entirely to use of fonts. end user, and I have This is an understandable mistake that many TypeRight proclaims itself an organization people make. It’s time that we come to terms existing “to promote typefaces as creative empathy for the type with the fact that most of us do not realize works and to advocate their legal protection what we have gotten ourselves into by licens- as intellectual property.” Monotype created foundries. But while ing a typeface. Fontwise, a company that can help larger I’m on the side of the end user, and I corporations maintain control over their li- EULAs are necessary, have empathy for the type foundries. But censes. The Fontwise site features a licensing while eulas are necessary, do they have to guide with a useful faq and Eight Golden Rules do they have to be be so confusing? It’s safe to say that there about font licensing. are least 100 unique eulas in existence. It’s from these golden rules that I take so confusing? This doesn’t even take into account extended inspiration. I have eight simple suggestions multi-user licenses, enterprise-wide licenses, that could really help designers and other font embedding licenses, or streaming and font licensees. My suggestions could effec- web server licenses. tively eliminate the need for many of the Each of the standard eulas has different complicated sub-clauses used in eulas and clauses prohibiting this while allowing that. help to clarify the usage rights granted to While I realize that total standardization the licensee. may not be possible, how about some basic commonality?

6 INTERROBANG Suggestion #1: Suggestion #3: Consider allowing more Laptops are computers too. output devices per license. This suggestion is a little more confusing be- The offices in which most of us work, whether cause it’s really two requests in one. First, as a freelancer or an employee, generally have more foundries need to qualify laptops under more than one output device. Most eulas, the description of allowable cpus. The lap- however, only allow for one output device. This top computer is quickly becoming standard seems impractical. While a given typeface may equipment, allowing for transport of work only cost $40 US, to use it on multiple output between home and office. For font licensees devices, we’d have to license the typeface twice. to be reasonably expected to follow the letter Consider eulas such as that of Emigre. They of the eula law, laptops need to be factored use the term device and leave the math up to into the equation. the licensee. Their eula allows for six devices. Second, while there are some eulas that A studio with three cpus can use the given do allow a laptop to be used as one of the li- font on three output devices. censed computers, most do not allow for travel or home use. If the licensee has not Suggestion #2: reached the limit of allowable cpus at the Permit server installation. main site, foundries should consider granting This suggestion follows the logic of the first. the right to use the font on a home or laptop Most eulas do allow for at least fivecpu s at a computer (for client work only, of course). given location. Of these, only a few allow for either server or lan (Land Area Network) Suggestion #4: installation. Those eulas that allow for more Allow us to burn the midnight than one cpu should also allow for installation oil at a different location. on a network. If we’re allowed to install fonts We understand that typefaces are actually font on servers, we could more easily reduce the software. Some of the larger font software illegal copying of font software that would oth- companies allow for use of the licensed soft- erwise be available on multiple desktop devices. ware at home if the location is only used for a type foundry license agreements

cpu

Who Allows What?

The usage rights granted by type foundries in (lan)

etc.) ,

s (output devices) their End User License Agreements (EULAs) eps

cpu on Additional Use / Satellite Laptop Server Installation Back-up Copies Embedding Distribution of Embedded Documents Distribution to Service Bureau Modifications Work Derivative ( Without Use Design Credit License Transferrable are varied and complex. This chart illustrates Adobe 5(1)c √ √ 1 √ei √ √mf √ √ key points included in the standard EULAs Agfa Monotype 5(1)c √ 1 √efi √hj √p √o √ √ from a representative group of foundries. Berthold 5(1)c √ 1 √efi √h √p √ √g Bitstream 5(b) 1 √e √e √q √g √ √ Allowed Cape Arcona 2(b) 1 √f √h √ √ Allowed with additional licensing or consent (as noted) Elsner + Flake 5(1) √ √ 1 √e √e √hp √ √ a Font can be used on i Additional license Emigre 6d 1 √ef √hk √h √m √n unlimited output available for documents Enschedé FF 1(1) 1 √f √g √ √g √ devices but installed that are editable to the ram of only one j Additional license avail- Font Bureau 1 1 √ef √ b Unlimited printers at able for documents that FontShop 5 1 √ef √h √ √ √ the licensed location(s) are for commercial work Fountain 5(2) √ 1 √e √ √ √g √ √ c More cpus licensed for k Limited use allowed larger font packages for service bureau work GarageFonts 5 1 √e √ √g d License specifies total without an extra license House Industries 6d √ √ √h √ √n devices, not cpus m Format conversion only d LettError 6 √ √ √h √ √n e Technical restrictions n Art derived from font Linotype 5 √ √ √ √efi √hj √ √gp √ √ √ such as “print and software is subject to preview only” the same license LucasFonts 5(1) 1 √f √hk √ f Non-commercial or o Not for use as P22 5(1) 1 √g √g √o √ √ in-house only “principal art” Porchez 2(2) √ √ √ √n √ g Prior and/or written p Allowed for achieving consent required interoperability with ShinnType 5(b) √ √ √ √e √i √ √f √ √ h Additional licensing other software Storm 5(1)a √ √m √ √ required q Only in pfr format Terminal Design 5(1) √ 1 √ef p √ √

Underware 2(1) √h 1 √h √hk √ √g compiled by nathan matteson and tiffany wardle.

8 INTERROBANG certain percentage of time. Isn’t it reasonable knows that typefaces are not free, but his boss right direction by offering greatly discounted then, that access to the software should be doesn’t believe in paying licensing fees. “Why pricing of their libraries to service bureaus. continuous? It should be made clear that the buy fonts? We have plenty already.” This could be taken a step further. If a service font software from the office isn’t to be used Instead of stirring the pot, Designer A bureau is not using the fonts for its own proj- for anything but the licensee’s work. If an end licenses type out of his own pocket, assum- ects, couldn’t it be thought of as another form user wants to use a font from the office on ing that when he leaves Studio B, the type he of output device for temporary use? Yes, I’m personal projects, that end user would be re- licensed can go with him to his next job. The asking for another output device, in another quired to obtain a personal license. caveat? Many eulas don’t allow the transfer location. And this is a perfect segue into my of a font license. Why shouldn’t the typefaces last suggestion. Suggestion #5: follow the person who legitimately licensed Write EULAs for dummies. them? True, there is no absolute guarantee Suggestion #8: Help us do the right thing by writing in a that the fonts have been deleted from the first Let there be embedding kinder, simpler language. Is it fair that the location. But in the spirit of healthy customer all around. eula should speak in a way that covers all relations, a certain degree of trust must be The Portable Document File format (pdf) is bets? I understand that the use of legalese endowed on the licensee. If someone is paying the future of sharing documents. In fact, it’s the is necessary, to some degree, whenever a font licensing fees, give him the benefit of the present of sharing documents. A greater contract is being formed. But it should be doubt and let him do the right thing. allowance for embedding in the pdf format constructed in a way that makes all terms could remove many, if not all, excuses for under- absolutely clear to licensees. For example, in- Suggestion #7: the-table copies of the fonts being made. I am cluding a simple chart with each EULA could Grant us limited rights not suggesting allowing wholesale embedding in quickly communicate basic allowed usage. for service bureau usage. eBooks or any other instance where additional If service bureaus had to license every font rights management is needed. What I am sug- Suggestion #6: used by their customers, they would have more gesting is allowing embedding for simple docu- Let us move on. licenses than most design studios have. With so ment sharing, proofing, and service bureau use. Allow us to transfer our licenses to another lo- many digital typefaces available from numerous In casual discussion groups, the point cation. This could potentially generate more sources, it’s unreasonable to expect a service has been made time and time again that one paperwork, but the extra effort might be well bureau to have everything a client might use. reason embedding is disallowed is that font compiled by nathan matteson and tiffany wardle. worth it. For example, Designer A at Studio B Some foundries have taken steps in the data can be easily extracted. I have not per-

INTERROBANG 9 sonally attempted to extract embedded fonts foundries in hopes that they would correct from documents, so I don’t know whether or and clarify their eulas for us. Several found- not it’s possible. But those in the know have ries quickly responded, saying they were stated that, even if we were to successfully about to change their eulas, and asked that extract a font, we still wouldn’t have access to their revised terms be included on the chart. Many foundries allow the kerning or spacing that comes with the Whether my communication brought the original, legitimately licensed font. Using a issue to their attention or it was already on embedding, but only typeface without spacing and kerning is simi- their radar, it’s clear that foundries are lar to eating cake without frosting. We may interested in improving their eulas. with some incredibly have the basic letterforms, but we couldn’t set a decent line of type to save ourselves. I recommend that all type users read a restrictive clauses Many foundries allow embedding, but only foundry’s eula before licensing type. Make with incredibly restrictive clauses attached. sure the terms of the eula are clear and un- attached. Of all the Some allow for “print and preview only” for derstood — don’t be afraid to ask questions. “non-commercial and in-house only.” This Foundries could create fonts that have all EULAs we read, only doesn’t even allow for sending documents as kinds of copy protection attached. Instead, proofs to clients. Further still, in some in- they trust us to follow the terms of the eula, one specifically allowed stances we need “prior or written consent” to and we are legally and ethically obligated to embed. In fact, of all the eulas we read, only do so. Without this trust, the agreements can PDF embedding for one specifically allowedpdf embedding for only become more complicated. Let us work service bureau use. Kudos to Emigre for such together for a kinder, gentler eula. service bureau use. progressive thinking. Tiffany Wardle, a graduate of the typography program Changes Are Already in Motion. at the University of Reading, is a graphic designer and While researching eulas, my colleague educator living near Salt Lake City. The dedicated Nathan Matteson and I created the chart (see virtual librarian at Typophile.com, Wardle always “Who Allows What?” on pg. 8) that accompanies pays her font licensing fees, and reads every EULA she this article. I sent the chart to the included can get her hands on.

10 INTERROBANG Foundries Adobe www.adobe.com/type AgfaMonotype www.fonts.com Online Resources Berthold www.bertholdtypes.com Bitstream www.bitstream.com Cape Arcona www.cape-arcona.com Elsner+Flake www.elsner-flake.com Read more about Emigre www.emigre.com license agreements The Enschedé Font Foundry www.teff.nl The Font Bureau www.fontbureau.com FontShop www.fontshop.com TypeRight www.typeright.org Fountain www.fountain.nu Fontwise www.fontwise.com GarageFonts www.garagefonts.com AIGA www.aiga.org House Industries www.houseind.com LettError www.letterror.com LucasFonts www.lucasfonts.com Discuss licensing issues P22 Type Foundry www.p22.com Porchez Typofonderie www.typofonderie.com ShinnType www.shinntype.com Typophile www.typophile.com Storm Type Foundry www.stormtype.com Typographica www.typographi.ca Terminal Design www.terminaldesign.com Underware www.underware.nl

INTERROBANG 11 ethics Type Designers’ Rights and the Subculture of Freeloading john downer

12 INTERROBANG John Downer, one of the type community’s most vocal ethicists, believes in harsh punishment for font theft and other anti-creative crimes. While Downer’s black-and-white stance is difficult for some to swallow, there’s no denying the man’s fierce determination to protect his rights and the rights of his fellow creatives.

early everybody i know enjoys a good deal. readily acquired without the merchant watching, intervening, or For many of my acquaintances, finding a rare book at a being compensated financially. garage sale or a vintage poster at a flea market can be a Illicit filesharing is nothing short of freeloading. In the still- treat. Occasionally, getting a bargain price on a valuable early history of digital media, we’ve entered a period when the item seems like a guilty pleasure if the buyer suspects that subculture of freeloading has become a worldwide epidemic. the seller is not aware of the item’s value. To a person who Obtaining goods like music, movies, images, application pro- doesn’t mind taking advantage of an unsuspecting seller, it’s grams, and fonts without paying the going price has hit the often considered a minor triumph, a victory, a reason to gloat. modern age like a contagious disease. But unlike a disease, free- It’s the seller’s job to set the price of sale items. The buyer loading is basically a crappy attitude choice. Freeloading isn’t a is not to be blamed for simply paying the asking price of an un- social disease — it’s a personal decision and an act of cowardice. dervalued item. Paying a low price to the rightful owner of the There exists a popular misconception that consumers’ appe- item is not defined as stealing — stealing is defined as taking an tites for all kinds of free stuff can somehow excuse the chronic item without first paying for it. Acquiring a seller’s goods with- mistreatment of artists, authors, designers, and producers whose out explicit agreement regarding payment is a willful and bla- creative products are being swiped and swapped at alarming tant violation of the seller’s rights. This sort of violation is com- rates. With respect to digital typefaces, there will always be more mon in today’s era of filesharing, and most digital merchandise users of fonts than designers of fonts, so the deck is undeniably can be acquired far more clandestinely than physical merchan- stacked in favor of freeloaders. It’s bad news for those of us on dise. Copying files is so quick and easy that digital goods can be the creative side, but it does not mean that all is lost.

INTERROBANG 13 The name of a recording artist is normally the chief consideration in a consumer’s choice of music. The name of a type designer is one of the least important factors in a consumer’s choice of fonts. It’s almost irrevelant.

Pundits hasten to suggest that education is goods, without regard for others, and only at affiliated typeface suppliers. The industry is the solution. I don’t subscribe to that theory. the expense of others — usually the authors, now populated by independent type designers Education does not eliminate corruption. owners, or sellers of creative products. working alone, in partnerships, or with new or Education does not transform a dishonest So, what rights do sellers of creative prod- established foundries, distributors, publishers, person into an honest one. Most software ucts have in relation to the rights of producers resellers, etc. pirates, most ornery hackers, and most font of creative products? Is there a correlation? No longer are type designers limited to thieves are very well-educated. In fact, most To answer these questions, let’s turn our working with the major players in the indus- are college-educated. Education is surely attention to the traditional relationship be- try. Today’s type designer can be both a pro- not what’s missing; I suggest that what’s tween the seller of goods and the producer of ducer and a seller of his own type designs, and missing is a healthy respect for the sanctity goods in the type business. the true and rightful owner of any typeface of an author’s right to ownership, and to the he creates from scratch. This gives said type auxiliary rights that go with ownership. Industry Background designer certain proprietary rights which are If respect could be taught as a classroom and Licensing Practices both generally acknowledged by other type subject, then I might agree that education, I’m a sign painter by trade. I branched into designers in the business and are, in fact, af- especially education about ethics, could help digital type design in the early 1980s. In the forded various legal protections as well. This is curb theft. The difference between the atti- two decades since I began my career as an in- a key point in coming to grips with the situa- tude of a thief and that of a moral exemplar dependent designer and producer of original tion type designers currently face. is that the latter considers the creative efforts fonts, typeface production has moved away We designers of fonts have an investment of others to have merit worthy of protection. from being driven by filmsetting studios, man- in our work that often goes unrecognized by The thief thinks only of his craving to obtain ufacturers of typesetting equipment, and un- end users. The obvious reason for this lack of

14 INTERROBANG recognition is that the average user of a type- When a type designer creates an original Definitions face cannot name the designer of the face. font, it is normally done with the understand- There are, to be sure, various kinds of rights: There is not the degree of name recognition ing that fame is unlikely to come of it, but moral rights, legal rights, human rights, civil in the type industry that there is in, say, the that there are other potential benefits. One rights, parental rights, etc. By definition, a music industry. Insofar as the name of a re- expectation is that a new font can be claimed moral right is a morally justified claim; a le- cording artist is normally the chief consid- as an asset if the creator retains the rights/ gal right is a legally justified claim. Rights eration in a consumer’s choice of music, the title/interest in the font. In the eyes of the specify acts that the rights-holder may per- name of a type designer is one of the least law, the data describing a font is considered form, or is at liberty to stipulate are permit- important factors in a consumer’s choice of intellectual property (ip). ip can be regarded ted or prohibited. The right to govern the fonts. It’s almost irrelevant. as an appreciable asset if it generates enough distribution and use of one’s intellectual What’s not irrelevant is the fact that fonts, revenue from the sale of licenses to make the property (such as completely original font unlike recorded music, are widely needed to font profitable to the designer. data) is classified by authorities on ethics as conduct different kinds of business. Certain Conversely, a new font is regarded as a de- an absolute right. Absolute rights cannot be fonts, such as system fonts, are indispensable. preciable asset if it ultimately becomes pop- outweighed by other considerations. Computer users can’t live without them, but ular enough to be widely copied or stolen, When a digital typeface is created, point- most take fonts for granted, making no dis- because whenever font data is duplicated il- by-point, by hand, on a computer screen, tinction whatsoever between the terms cov- licitly, the designer’s actual royalty percent- without employing digital descriptions be- ering a system font and the license required age or margin of profit diminishes. This can- longing to another party, the resulting type- for a downloadable retail font (aka “fashion not be rectified by raising the licensing fee. face is original technically. If it is also demon- font” or “designer font”). Understanding and The font’s increased popularity will eventu- strably different in appearance from all other adhering to different licensing terms is the ally relegate it to lower and lower levels of known and extant typefaces, it is also original responsibility of each person who uses a font, profitability as supply exceeds demand. Type aesthetically. A cloned typeface may be able whether preloaded on a brand new personal designers, consequently, are rewarded less, to meet the technical standard, but not the computer or purchased from an independent monetarily, for creating a font that becomes aesthetic one. When I speak of a complete- type designer or reseller. Type designers can universally popular than for designing one ly original typeface, I mean a typeface which help explain licensing terms, and many of us that appeals primarily to a cadre of selective, meets both standards. go to considerable effort to emphasize the honest, and loyal licensees who protect and importance of proper licensing. cherish it.

INTERROBANG 15 Creative Rights arrangement. This stands as one of the including punitive damages. This is one of the Designing typefaces for a living is not an easy designer’s indisputable rights. designer’s most important rights. Occasionally, assignment, and to do it well requires years of In the event that the designer elects to the mere threat of a lawsuit is often enough to experience. The occupation usually does not sell the rights/title/interest in a font, the de- reduce further abuse by a party found guilty of pay very well at first. A modest consolation for signer sets the price, as well as the conditions illegal activity, but this tactic is seldom effec- an independent type designer (one not em- of its use. A contract governing the sale may tive when the defendant is bent on continuing ployed directly by a font publishing firm) is stipulate penalties for any abuse of the condi- to steal after being told to cease and desist. that he has the sole right to choose whether tions or breach of the material terms. These Similarly, the designer has legal recourse or not to release his proprietary font data. It are among the designer’s most guarded rights. when his font has been stolen from a licensee is never an obligation of the designer to make They can serve as useful weapons in court af- or sublicensee by an unlicensed third party. a new typeface available to others. The face ter the designer has effectively relinquished Theft of intellectual property is a crime in can be reserved for personal use, thus giving control of the font itself while still keeping most developed countries, and it is commonly it a special kind of status. This is one of the tabs on it to make sure it’s being used in ac- viewed by professional type designers as a seri- designer’s fundamental rights. cordance with the conditions of sale. ous offense. In cases of wanton abuse, the theft Conversely, a designer may choose to re- In the event that the designer elects to not of intellectual property is more heinous than a lease the font data to a particular client for sell the rights/title/interest, but elects to li- mere disregard for the rights of the designer; private use, license it to a font publisher for cense the new typeface to a font publisher, the act is in fact an assault on those rights. general distribution, or give it away to the the designer is at liberty to set the licensing public to freely swap without restrictions. This fee and conditions of use, the term of the li- Shopping Wisely choice is ultimately up to the designer — no cense, and to approve or reject the publisher’s vs. Shoplifting one else has the right to decide for him. end user license agreement (eula). These, Naturally, getting a good deal on the price of When the type designer chooses to license too, are among the designer’s rights. a font is foremost in the minds of many font the font data to one party exclusively (either In addition, whenever a designer discov- users and collectors. When different vendors in perpetuity or for a finite period of time), ers that the terms and conditions of a license offer the same font at different licensing fees, the designer has the final say on the terms. have been violated by the licensee or any ex- the user needs to make sure that the respec- The word “exclusively” here means “to the isting sublicensees, the designer has grounds tive fees being charged are for legitimate li- exclusion of all other parties” — including any not only to collect the licensing fee due and censes. Unauthorized vendors often sell, or other parties who may feel slighted by the assess penalties, but also to sue for damages, otherwise distribute, stolen property, leaving

16 INTERROBANG the recipients of the bootleg fonts directly li- Of course, font license abusers do not re- able. Buyer, beware: investigate sources. In- fer to their abuse as abuse; to do so would be sist on official, verifiable licenses, and accept to acknowledge wrongdoing. To avoid the ap- no substitutes. A fake license, like a fake id, pearance of any impropriety, they often call routinely leads to trouble. what they do harmless “sharing.” (Note: they Unfortunately, legitimate vendors of com- neglect to call it “illicit sharing.”) The softer mercial fonts have a tough time getting all term is a cover-up for what is actually an un- licensees to help stem the tide of illicit font provoked attack on designers’ rights. There Unpaid licensing fees copying. While some individuals who rou- is no sensible way to argue that the theft of a tinely license fonts steer clear of bootleg cop- typeface can be committed without somehow, are due whether or not ies, others are not as conscientious. There are directly or indirectly, violating the rights and those who cheat only rarely and others who the expressed will of a designer. On record the fonts remain in the cheat habitually. There are also certain indi- are well-known cases of thefts that were viduals who never cheat, as a matter of princi- committed solely to antagonize, cheat, and thief’s possession — and ple. Some customers who acquire commercial malign reputable designers. fonts legally would rather not spend money In truth, many font pirates wish they could also whether or not the for them, and would gladly settle for illegally strip type designers of all rights, leaving said obtained “free” copies. It’s a mixed bag. creatives with no means of redress. They would fonts were ever actually Font vendors have learned that simply of- prefer to have no opposition, no resistance, and fering a rock-bottom licensing price on a no accusations of criminal intent. They would used by the thief. font is not necessarily sufficient incentive to like to be able to escape prosecution by deleting counteract theft. Some cheaters will spend or hiding the fonts they stole. Ditching stolen as much time as needed to locate a free unli- goods does not absolve a thief — that’s a fallacy. censed copy — a hard-core bandit won’t pay a The act of theft cannot be erased by destroying cent. A font thief doesn’t care about the rights or concealing the evidence. Unpaid licensing of type designers; a font thief cares mainly fees are due whether or not the fonts remain in about getting away with a crime and not being the thief’s possession — and also whether or not taken to task for it. the fonts were ever actually used by the thief.

INTERROBANG 17 This information comes as a major shock rights are at the core of nearly every legal dis- to many individuals who have illegally- pute. This is the main squabble, and the prime copied fonts in their possession. They some- reason for the persistent animosity between how think they can only be held liable for type designers and font thieves, in and out of The permanent the fonts they’ve personally tried. Few font court. Making use of the legal system is not thieves understand all of the legal ramifi- always the most attractive alternative for get- eradication of crime cations of their acts, let alone the financial ting satisfaction, but it’s infinitely better than ones. Penalties can summarily be imposed, letting a defiant crook get away with theft. is a wonderful depending on the extent of the violations. The permanent eradication of crime is a Type designers need not feel obligated to wonderful thought, but it’s not likely to hap- thought, but it’s not show offenders mercy. It is not our duty to pen. A much more realistic and achievable forgive bad debts and offer amnesty. Our job goal is the pursuit and prosecution of offend- likely to happen. is to make sure we get paid in full when pay- ers. While the vast majority manage to escape ment is due, and to require our authorized detection, a few unlucky and brazen font A much more realistic agents to do the same. They are being paid to thieves are caught, just as a few reckless and look out for our interests, and to take action impudent shoplifters are apprehended. and achievable goal when our rights have been molested. Font thieves are criminals, and they act I sincerely wish that all type designers had very much like shoplifters when confronted. is the pursuit adequate defenses against thieves, and that They often declare, after getting busted, that bothersome confrontations with offenders they had intended to pay. They argue that no and prosecution weren’t necessary in order for our rights to be harm was meant, that no serious damage was honored. I hope that by frequently addressing caused, and that their “harmless” misdeed of o∞enders. the subject of type designers’ rights, I will help can be undone if they are allowed to return foster a broader awareness of the philosophy the stolen merchandise and walk away. and rationale behind font licensing protocol. What’s worse, they stoop to berating and Money is not the only issue. Our rights are belittling the rights-holder, hurling invec- at stake. If you study the history of disagree- tives such as “greedy,” “vicious,” and “overly ments in our industry, you see that designers’ protective.” The rhetoric used by shoplifters

18 INTERROBANG gets old, but it seldom gets a crook off the to count as friends, there are also many al- hook. Belligerence and hostility directed at lies, colleagues, and collaborators. With- an innocent party are altogether counter- in the ranks of the elite, I find one special productive. The thief’s sheer lack of civility character trait in great abundance: integrity. speaks volumes. In the final analysis, the top type designers are those who: Staying on the Right Side • produce first rate work without In the relatively small world of type design, stepping on the toes of coworkers names of font thieves are known. Word gets • earn the respect of their peers, their around; a blemished record lasts a lifetime. clients, and the public at large An individual who has a reputation for steal- • defend their own rights, and the rights ing fonts can expect a cold reception. Among of colleagues and competitors alike professional type designers, a known font thief • behave in an irreproachably honest is not admired, not appreciated, and not ac- and unmistakably professional manner cepted. The inevitable conclusion is that a font thief does not respect the rights of type design- There are many, many, good reasons not to ers (despite any statements to the contrary that steal fonts. Stealing is selfish, sleazy, dishon- the thief may make while attempting to exon- est, disgraceful, unjust, unethical, indiscreet, erate himself in public). Actions speak louder disrespectful, and downright criminal. But I than words. Those who steal can’t be trusted. believe there’s yet another very good reason Trust is precious, and it must be earned. why typographic aficionados, typographers, Fruitful working relationships evolve and graphic designers should make a special John Downer is a sign painter and type designer symbiotically. I’ve worked with several of the effort never to engage in font theft: stealing living in Iowa City. An accomplished artisan with most accomplished type designers living in fonts is unprofessional. Throughout my ca- typefaces published through foundries such as the United States, and I’ve had close associa- reer as a professional sign painter and type Bitstream, Emigre, and The Font Bureau, Downer tions with other heralded American type de- designer, I have found absolutely no substi- also contributes to the typographic community signers who have since passed away. Among tute for professionalism. It is a cornerstone by writing, teaching, and showing skin during the numerous type designers I am privileged of success. fundraising auctions.

INTERROBANG 19 Unexposed Interrobang 2 presents sneak previews of unpublished typeface designs from five young designers: a psychedelic display face, a workhorse sans, a delicate script, a book serif, and an unusually elegant pixel font.

DISPLAY Sans Script Serif Bitmap

Unexposed INTERROBANGINTERROBANG 2121 UNEXPOSED BEARDSLEY Inspired by an old print of Aubrey Beardsley’s Salomé, Stockholm-based designer Daniel Wallberg incorpo- rated its cloudy swirls into the glyphs of a poster typeface. The project is still in production and will include a full character set and separate fonts containing the inside and outside strokes for creating multicolored effects. A font of ornaments and borders is also in progress. Wallberg is currently seeking a distributor for Beardsley.

22 INTERROBANG AaBCDEFGHIJKLM NOPQRSTUVWXYZ. [123456789](ÄÅÖäåö)

+ =

INTERROBANG 23 USE me!

UNEXPOSED PILL GOTHIC Utah designer Christian Robertson calls Pill Gothic “a geometric face that’s plain enough to be useful, but just funky enough to stand out. The name comes from the elliptical characters, which, at one point looked like pill capsules, sort of.” The OpenType set of four weights with small caps will be released under Veer’s Umbrella Type label. Additions to the family are in the works.

24 INTERROBANG Safely Addictive take a 250mg pill

ABCDEFGHIJKLMNOPQRSTUVWXYZ ¡!¿? “ ” ‘’ „ :;., … aabcdeefghijklmnopqrstuvwxyz ÆŒ&@æœfiflß ÅÄÀÂÁ ËÉÊÈ ÏÌÎÍ ØÖÒÔÓ ÜÙÛÚ ÇŁÑŠŸÝŽÐÞ åäàâá ëèêé ïìîíı øöòôó üùûú çłñÿšýžðþ ([{1234567890}]) ½¼¾ ⁄ ¹²³ «‹$¢£¥›» /|\ •· -–— +−×÷=<>¦^%‰_ ƒ¶ †‡§* "' ©®™ ªº

INTERROBANG 25 Mr. an∂ Mrs. James DelπhiWort∏ington Request the πleasure of ¥our CompanČ at t∏e MarriaĒe Honor &C∏eris∏ oƒ their ∂auĒ∏ter Angeline to Mr. Zac∏ariah Quim∫y Qwertyuioπ? Asdfghjkl Zxcvbnm! The Wort∏ington-Quim∫yWe∂∂inĒ on t∏e Fıfteent∏ ∂ay of Seπtem∫er in t∏e ¥ear oƒ our Lord, Nineteen-Hundre∂ and TĊelve ăăăConjure DistinĒuishe∂ Writing ƒrom t∏e Ke¥boar∂ ăăă UNEXPOSED MATEROT Aa Bb Cc∞ Dd∂ Ee FfĎ GgĒ Hh∏ Ii Jj∆ Kk Ll Mm Dyana Weissman’s work-in-progress is an homage to copper engravings by French calligrapher Lucas Materot. Working with sources that provided an upper- and lowercase, she drew the rest of the character set and alternates by hand. “I felt that it was necessary to understand the typeface by putting a pen to paper, rather than manipulating Nn Oo© Ppπ Qq Rr Ss◊ Tt Uu Vv Ww∑ Xx YyČ Zzč Bezier curves onscreen.” Weissman is employed by Boston’s Font Bureau, which plans to release Materot.

26 INTERROBANG

A sampling ƒrom t∏e ke¥∫oar∂ Qwertyuiop Asdfghjkl Zxcvbnm? Honor & C∏eris∏ ABCDEFGHIJKLM NOPQRSTUVWXYZ A∫c∂eFg∏ı∆k¬MnoπqrStuv∑x¥! Mr. an∂ Mrs. James DelπhiWort∏ington Request the πleasure of ¥our CompanČ at t∏e MarriaĒe Honor &C∏eris∏ oƒ their ∂auĒ∏ter Angeline to Mr. Zac∏ariah Quim∫y Qwertyuioπ? Asdfghjkl Zxcvbnm! The Wort∏ington-Quim∫yWe∂∂inĒ on t∏e Fıfteent∏ ∂ay of Seπtem∫er in t∏e ¥ear oƒ our Lord, Nineteen-Hundre∂ and TĊelve ăăăConjure DistinĒuishe∂ Writing ƒrom t∏e Ke¥boar∂ ăăă Aa Bb Cc∞ Dd∂ Ee FfĎ GgĒ Hh∏ Ii Jj∆ Kk Ll Mm Nn Oo© Ppπ Qq Rr Ss◊ Tt Uu Vv Ww∑ Xx YyČ Zzč

INTERROBANG 27

A sampling ƒrom t∏e ke¥∫oar∂ Qwertyuiop Asdfghjkl Zxcvbnm? Honor & C∏eris∏ ABCDEFGHIJKLM NOPQRSTUVWXYZ A∫c∂eFg∏ı∆k¬MnoπqrStuv∑x¥! MSofia LigaturoN the GARDEN COOKBOOK UNEXPOSED DELICATO After spending his first few years in type design experimenting with display faces, Stockholm’sStefan Hattenbach has shifted his interest to text types. Delicato is his second such release, inspired by Petr van Blokland’s Proforma and Jeremy Tankard’s Enigma. Once it’s published by Fountain in Spring 2004, the family of five styles (regular, italic, medium, bold, small caps) with alternates will be fit for most text-heavy work. A set of ornaments rounds out the package.

28 INTERROBANG a sampling of the full character set ABCDEFGHIJKLMNOPQRSTUVWXYZ ‹,.?!› ÄÅÀÃÇÉÖÜßÕП abcdefghijklmnopqrstuvwxyz ([{1234567890}]) fiflßcpsfijltß efghijklmnouvwxyz 36 teapoons of ornament AEIMQUVWapqr

Bold Vegan Chili 1. In a slow cooker combine vegetarian crumbles, onion, and snow peas, ginger, and garlic. Season with salt and pep- kidney beans, onion, celery, bell pepper, bay leaves, chili powder, per to taste. 4. Refrigerate for several hours or overnight. When molasses, bouillon, cilantro, hot sauce, salt, pepper and 1 cup water. serving, sprinkle with sesame oil and sesame seeds. Cook on high for 3 hours. 2. Dissolve four in 1 cup hot water. Pour Beezie’s Black Bean Soup 1. In a large pot over medium-high heat, into chili and cook 1 more hour. place the beans in three times their volume of water. Bring to a boil, Asian Pasta Salad 1 Blanch broccoli in rapidly boiling water for and let boil 10 minutes. Cover, remove from heat and let stand 1 hour. 3 to 5 minutes. Remove from water. Blanch snow peas for 1 to 2 min- Drain and rinse. 2. In a slow cooker, combine soaked beans and 1-1/2 utes. Remove from water. 2. Cook one pound of pasta in a large pan quarts fresh water. Cover, and cook for 3 hours on High. 3. Stir in of boiling water until al dente. Drain and transfer to a large bowl. 3. carrots, celery, onion, garlic, bell pepper, jalapeño pepper, lentils, Toss pasta with salad dressing. Toss with broccoli, red pepper, red and tomatoes. Season with chili powder, cumin, oregano, black pep-

INTERROBANG 29 UNEXPOSED GARADOT With Garadot, Chile’s Miguel Hernández strived to infuse the elegance of oldstyle types in a bitmap family. His goal was to remain as faithful to classic roman forms as the pixelized medium would allow. The family will include italics, ornaments, and a sans version. While the project remains in production, its evolution can be witnessed at the Typophile.com Critique Forum. Hernández’s other font works are available from Atomic Media and UltraFonts.

30 INTERROBANG INTERROBANG 31 opinion Viva Helvetica: Commuting the Death Sentence jon coltz Nick Shinn, take note: Jon Coltz is not ready to cry at Helvetica’s funeral. Coltz, a typophile with an avowed appreciation for classics old and new, stands up for Max Miedinger’s omnipresent but much-maligned design.

Look up“Helvetica” using your metaphor, simile, and analogy to characterize and describe; it favorite search engine. Just past the ads, you find scores of is, variously, a lifestyle, a mentor, the Beatles of typefaces, like a sentiments, and if you hadn’t apprehended it already, these good screwdriver, like sex without love, to typeface as Toblerone know no middle ground. Indeed, is there any font more polariz- is to chocolate. ing — so capable of eliciting both praise and enmity among de- But peel back the perforated pages of Müller’s minus opus signers and aficionados, novices and experts alike? to reveal what Helvetica apparently is and has been: useful In his Homage to a Typeface, Lars Müller likens Helvetica — and versatile. It is used to guide, advertise, warn, command, christened Neue Haas Grotesk in 1957, renamed in 1960 — to and propagandize the world over. It serves the commonweal perfume; we learn therein that Weingart thinks it’s ugly, that largely on the basis of its clarity — its high signal-to-noise Saito feels it’s beautiful, that Steiner attributes its success ratio. And more meta than Meta, it appeals to the fonterati largely to its “branding,” and that Schmid denies its existence too; it is the archetypical type-trope wherein the medium is altogether. Other commentators are less direct, relying on definitely the message.

INTERROBANG 33 Weingart thinks it’s ugly, Saito feels it’s beautiful,Steiner attributes its success largely to its “branding,” and Schmid denies its existence altogether. But Helvetica apparently is and has been useful and versatile.

Helvetica’s utility and ubiquity are nonpareil, I might be persuaded of Helvetica’s evils than ageism and contrariness, but nonetheless and as such, the face forms a large target, if it were poorly made, if it were unread- forms the crux of Shinn’s agenda. One wonders easily hit by shots of commendation and able, if it wreaked havoc with my computer, whether we should avoid other old and common contempt. In the vein of the latter, the lat- if it were licensed by a nefarious company, if typefaces and possibly the work of established, est to take aim is type designer Nick Shinn. it were a poor value. But none of these attri- prominent type designers as well. Extending With evangelical zeal but dubious author- butes applies. Lacking cogency, critics of the this line of reasoning, we may contemplate ity, he has called for the font’s demise. In typeface — Shinn among them — necessarily packing away the Pietà and leveling the Par- two recent rampages, The Face of Uniformity rely upon faulty assumptions in attempting to thenon. Good art — good anything — deserves and Death to Helvetica, Shinn personifies the plead their cases. Three of these are: to be enjoyed forever, but if you say so: Tschüs, font as pandering, accuses its marketers of Hermann Zapf; cheerio, Matthew Carter. • Helvetica is bad because it is deception, and calls its users complacent and old and omnipresent conforming. In sentencing Helvetica to death, Promoting Complacency • The use of Helvetica promotes he ostensibly defends the masses injured via a Corporate Agenda complacency via a corporate agenda by it against its corporate pimps, maligned Helvetica and its licensors have been • Helvetica-bashing is useful licensees, and those just too stupid to see the charged with deception, exploitation, ma- and scholarly light; but just under the surface is blatant nipulation, and monopolization, all of which self-promotion: Shinn has a font to sell, too. Old and Omnipresent supposedly lead to a sort of typographic It is advertising masquerading as scholarship, Citing Helvetica’s age and ubiquity as a justifi- conformity and resignation. In making such then; and in the end, it is irksome, contradic- cation for its disuse is among the silliest of its an accusation, which smacks of both fantasy tory, and unconvincing. detractors’ arguments; it amounts to little more and severe provincialism, the typeface itself

34 INTERROBANG is anthropomorphized while its vendors are room for real scholarship in the typographic dehumanized. But type users deserve a little arts — for formal inquiry and investigation of more credit — we are not so easily duped, nor the philosophy and aesthetics of typography. are we so unimaginative. We are well aware But there is no place whatsoever for fanatical that Helvetica, Bau, Chalet, and Preface are font lynching. superb fonts, and so we make room for them all. At the same time, we know that clear If Helvetica is truly a menace to typography communication and pathbreaking design do and its practitioners, we seem to be doing very not necessitate novel type. Shinn essentially well in spite of it. It’s not my favorite font; nor used a quarter of the inaugural issue of do I dislike it. Regardless, Helvetica shouldn’t Interrobang to market Preface, as though li- have to be defended by me or by anyone; like censing his new font was a moral imperative any other typeface, it stands perfectly well on and a mark of typographic progressiveness. its own. But unlike most others, it has a uni- Who’s pandering now? versality that transcends fashion or feeling. Helvetica is loved, and it is loathed; certainly, Useful and scholarly then, it can never be denied. A critique of Helvetica would be a welcome addition if one had something new and Native Minnesotan Jon Coltz crunches numbers for important to say about it. Were its sharpest a living, but his heart belongs to type. Coltz is the critics to use fair and logical argument, to proprietor of Daidala, an online journal of typographic employ sound methods, and to offer bal- musings. [www.daidala.com] anced and disinterested views, unimpeded by ulterior motives, they would provide a useful and valuable service to the typographic community. Unfortunately, they do not; presumptuous enough to attempt to censure the typeface, they choose to wallow in point- less, irrational extremism. There is plenty of

INTERROBANG 35 The End of Helvetica nick shinn

Hand-painted banner by John Downer greets visitors to the SOTA TypeGallery at TypeGallery2003 photos by Brian J. Bonislawsky. the ATypI Vancouver last fall.

36 INTERROBANG Words on Walls The TypeGallery Goes On Tour

The TypeGallery is an international ex- TypeGallery curators work with other of Japan’s 2002 Morisawa Awards for type- hibition of typography, lettering, and design, artists and organizations to include special face design. curated each year for TypeCon, SOTA’s annual exhibits each year. TypeGallery2003 featured In 2003, the TypeGallery began traveling conference. The TypeGallery originated with Letras Latinas, a juried selection of 20 type to venues outside TypeCon. The SOTA show a small show at TypeCon2001 in Rochester, designs from South America; an interna- was exhibited last fall at the Emily Carr Insti- New York, and has quickly developed into a tional poster show; the Typeface Twin Cities tute of Art and Design in Vancouver, Canada, featured attraction at TypeCon. project, presented by the University of Min- in conjunction with the ATypI conference. The At the heart of the TypeGallery is SOTA’s nesota Design Institute; an exhibit from the show was later displayed at Daemen College unjuried showcase of new typeface design. Hamilton Wood Type and Printing Museum; outside Buffalo, New York. TypeGallery2003 A call for submissions is issued each spring; fine art and visual poetry from Twin Cities will next be exhibited at the University of type designs created or published in the 12 artists; photographs of found typography in Reading in England from late April to early months immediately preceding TypeCon are urban graffiti; the Type Directors Club TDC2 June. The TypeGallery is showcased on the eligible for inclusion in the open show. 2003 type design winners; and the winners web at www.typegallery.com.

INTERROBANG 37 Typefaces commissioned for the Typeface Twin Cities project, organized by the University of Minnesota Design Institute as part of the 2003 Twin Cities Design Celebration.

38 INTERROBANG In cooperation with Japan’s Morisawa & Co., SOTA brought the prize-winning works from the 2002 Morisawa typeface design competition to TypeCon2003 and ATypI.

INTERROBANG 39 East meets West: Recent releases from Boston’s Font Bureau share space with the latest designs from the Australian Type Foundry.

40 INTERROBANG Brasilêro, Crystian Cruz Elf, Dennis Poon

Hucklebuck, Jason Walcott INTERROBANG 41 A typeface developed for use in magazines and other print publications, Cruz Sans is the creation of noted Brazilian designer Crystian Cruz.

42 INTERROBANG Malena, Félix Lentino and Darío Muhafara

Australis, Francisco Gálvez Pizarro

Lagarto, Gabriel Martínez Meave INTERROBANG 43

Board of Directors Mission Brian J. Bonislawsky, Astigmatic One Eye Typographic Institute archivist The Society of Typographic Aficionados(sota) is an Jon Coltz, Daidala treasurer international not-for-profit organization dedicated to Simon Daniels, Microsoft typography the promotion, study, and support of type, its history Robert Goods, Lewandowski and Associates and development, its use in the world of print and Jennifer Gordon, Velvet Elvis Design Sustaining Members digital imagery, its designers, and its admirers. Allan Haley, Agfa Monotype Richard Kegler, P22 type foundry chair Ascender Corporation Charter Mike Kohnke, Typebox Astigmatic One Eye Rod McDonald, Rod McDonald Typographic Design Typographic Institute The Society of Typographic Aficionados exists for the David Pankow, Rochester Institute of Technology Bitstream affordable education of its members and participants; Laurence Penney, MyFonts Cheshire Dave to further the development of type, typographical Stuart Sandler, Font Diner Daidala information and typography; and to appreciate on Nick Shinn, ShinnType Font Diner multiple levels the attributes of type, typography, Brian Sooy, Altered Ego Fonts FontLab Ltd. design, the book arts, and calligraphy. Matthew Carter, Carter & Cone ex officio Kent Lew Professor Hermann Zapf ex officio Linotype Library GmbH Furthermore, SOTA is committed to sponsoring rel- LORP.ORG evant topics in pursuit of these goals. SOTA pursues Executive Director Terminal Design, Inc. these goals through an annual conference (TypeCon), Three Islands Press held in a different host city each year. Tamye Riggs, TypeLife TypeLife

46 INTERROBANG Veer shows more type to more creatives than any other company.

The Veer Visual Elements catalog, featuring 14 foundries, exclusive faces, and the new hand-picked Umbrella collection, reaches more than 100,000 type buyers monthly. Sound interesting? Contact us. [email protected] The Society of Typographic Aficionados 1190 E. Hwy. 730 Irrigon, OR 97844 USA

Make48 INTERROBANG plans to attend TypeCon2004: Type High, July 21-25, San Francisco.