Writing Competition 1st Place:

Copyright and Typography: Separating Typography from its Past

This paper will argue for a sui generis copyright protection for typefaces that are designed through a predominately creative process, one that does not overly concern itself with maintaining readability. Part I covers the brief history of typography litigation under the Copyright Act of 1909, addressing the problematic exclusion of typeface protection in the Copyright Act of 1976. Part II introduces the Denicola test as a possible solution, showing how Star Athletica overrules the Denicola test, but still leaves room for an alternative solution. Part III then briefly explores alternative solutions to the copyright conundrum. Lastly, Part IV ultimately proposes that current copyright law is not configured to properly protect typeface designs and as such should follow in Italy’s footsteps by carving out copyright protection for industrial designs.