3.9) Are fonts copyrighted?

First, let's distinguish between a font and a typeface. A typeface is the scheme of letterforms (which is really what you're probably talking about), and the font is the computer file or program (or for that matter, a chunk of metal) which physically embodies the typeface.

A font may be the proper subject of copyright, but the generally accepted rule is that a typeface embodied in the font is not (see Eltra Corp. v. Ringer, 579 F.2d 294, 208 U.S.P.Q. 1 (4th Cir., 1978), and the House of Representatives Report on the Copyright Law Revision, 94-1476, 94th Congress, 2d Session at 55 (1976), reprinted in 1978 U.S. Cong. and Admin. News 5659, 5668).

The letterforms themselves are not copyrightable under U.S. law as a typeface. 37 CFR 202.1(e). A font is copyrightable if it adds some level of protectable expression to the typeface, but that protection does not extend to the underlying uncopyrightable typeface itself (see 17 U.S.C. 102(b)).

In essence, a font will be protectable only if it rises to the level of a computer program. Truetype and other scalable fonts will therefore be protected as computer programs, a particular species of literary works. Bitmapped fonts are not copyrightable, because in the opinion of the Copyright Office, the bitmap does not add the requisite level of originality to satisfy the requirement for copyright.

So, to summarize this point, a typeface is not copyrightable. While a scalable font might be copyrightable as a program, merely copied the uncopyrightable typeface, and creating your own font, either scalable or bitmapped, is probably not an infringement, assuming you did not copy any of the scalable font's code.

Two warnings:

First, even if typefaces can't be copyrighted, they can be patented under existing design patent laws. 35 U.S.C. 171. Copying a typeface and distributing such a font, while not a violation of copyright, might be an infringement of the patent.

Second, Congress has been considering design protection legislation for many years (most recently, the 102nd Congress' H.R. 1790) which, if passed, would protect typeface design. If such a bill is enacted, the above opinion will be obsolete and incorrect.