Legality of embedding fonts?

[djgreedo]

Does anybody have any thorough knowledge on the legality of embedding fonts in an ebook (either for free distribution, personal use, or commercial use)?

I want to embed the Microsoft Calibri font (available in Windows and Office), and the licencing on the MS website says this:

There are 4 levels of embedding permissions:

'Print and preview' fonts can be embedded in a document, provided the user reading the document cannot edit the content of the document.

'Editable' fonts can be embedded within content that can be edited by the user.

'Installable' fonts within a document may be permanently installed by the user reading the document or a client application. In practice, installable fonts are treated like editable fonts by most client applications.

'No embedding permissions' prevent fonts from being embedded in a document.

The font in question is the 'editable' type. There is an implication in the above rules that 'editable' includes the 'print and preview' rights, in which case the font can be freely distributed in an ebook.

Is this correct?

As a side note, I know there are public domain fonts, etc., but I have not found any that are even close to the quality of the fonts I like to use, and Calibri looks amazing on my reader.

[pdurrant]

If you unsure, the best solution is to ask the font's rightsholder

My opinion, given what you've posted, is that you're allowed to embed the font in PDFs or ePubs provided the font is not easily extractable. For ePubs, this means that the fonts must be encrypted - either when DRM is applied to the ePub, or separately using the Adobe or IDPF font encryption method. (But as no reader currently supports the IDPF method, I'd suggest using the Adobe one.)

Originally Posted by djgreedo

Does anybody have any thorough knowledge on the legality of embedding fonts in an ebook (either for free distribution, personal use, or commercial use)?

I want to embed the Microsoft Calibri font (available in Windows and Office), and the licencing on the MS website says this:



The font in question is the 'editable' type. There is an implication in the above rules that 'editable' includes the 'print and preview' rights, in which case the font can be freely distributed in an ebook.

Is this correct?

As a side note, I know there are public domain fonts, etc., but I have not found any that are even close to the quality of the fonts I like to use, and Calibri looks amazing on my reader.

[darkmannn]

To be sure, just ask. Better safe than sorry.

[HarryT]

The font certainly appears to allow embedding but, as Paul says, it will need to be encrypted.

[ahi]

Originally Posted by djgreedo

Does anybody have any thorough knowledge on the legality of embedding fonts in an ebook (either for free distribution, personal use, or commercial use)?

Don't assume that anything that somebody calls "embedding" is, in fact, embedding from a legal standpoint.

Throwing the font file into a zip file renamed .ePub is distribution by any common-sense assessment... and will almost certainly be perceived that way by lawyers.

The (slightly) more elaborate "embedding" employed by ePub is, to me, still embedding only by wishful thinking... but ultimately what matters is what your chosen font's licensor believes. Of course... you probably want to have that in writing, unless it is an already very publicly stated policy of theirs.

Originally Posted by djgreedo

I want to embed the Microsoft Calibri font (available in Windows and Office), and the licencing on the MS website says this:

The font in question is the 'editable' type. There is an implication in the above rules that 'editable' includes the 'print and preview' rights, in which case the font can be freely distributed in an ebook.

Is this correct?

No. I'm all but certain that this is wrong.

Editable fonts allow embedding. None of the permission types listed permit redistribution. Redistribution licenses might be obtainable, but would almost certainly be costly.

Furthermore the "permission" field in a font is not a legal contract or agreement... do not simply assume it is accurate, but rather seek confirmation of the font's legal status from the foundry/licensor.

Originally Posted by djgreedo

As a side note, I know there are public domain fonts, etc., but I have not found any that are even close to the quality of the fonts I like to use, and Calibri looks amazing on my reader.

Use Adobe fonts:

http://www.adobe.com/type/browser/info/embedding.html

All Adobe Type Showroom fonts can be embedded in Adobe Portable Document Format (PDF) files, as well as other types of electronic documents.

List of Adobe fonts by permission type:
http://www.adobe.com/type/browser/le...ddingeula.html

- Ahi

[Jellby]

I don't think there's any agreed-upon legally-binding definition of "embedding". You could claim including the fonts in an ePUB (without obfuscation) is embedding, and not redistribution. Sure, the user can unzip the file, but you could argue that's "circumventing" and "hacking", in normal usage, fonts in an ePUB file are only usable for viewing that file.

[ahi]

Originally Posted by Jellby

I don't think there's any agreed-upon legally-binding definition of "embedding". You could claim including the fonts in an ePUB (without obfuscation) is embedding, and not redistribution. Sure, the user can unzip the file, but you could argue that's "circumventing" and "hacking", in normal usage, fonts in an ePUB file are only usable for viewing that file.

I think the only question of consequence is: will a multi-million dollar corporation sue you, if you do X? I suspect if they do, even ultimately winning the lawsuit will do little to "dull the pain", so to speak.

So I personally do not see the lack of "agreed-upon legally-binding definition" as being in any way to the benefit of an eBook creator.

- Ahi

[Jellby]

Originally Posted by ahi

I think the only question of consequence is: will a multi-million dollar corporation sue you, if you do X? I suspect if they do, even ultimately winning the lawsuit will do little to "dull the pain", so to speak.

So I personally do not see the lack of "agreed-upon legally-binding definition" as being in any way to the benefit of an eBook creator.

Of course, that would only be of any importance if you are a multi-million dollar corporation yourself

[ahi]

Originally Posted by Jellby

Of course, that would only be of any importance if you are a multi-million dollar corporation yourself

Perhaps in Spain... in North America and doubtless in other legal jurisdictions, a lawsuit executed by a team of highly paid lawyers has every possibility of ruining you or at least making your life extraordinarily difficult, whether you win or lose.

Or did I misunderstand what you meant to imply?

- Ahi

[djgreedo]

Originally Posted by ahi

Don't assume that anything that somebody calls "embedding" is, in fact, embedding from a legal standpoint.

Throwing the font file into a zip file renamed .ePub is distribution by any common-sense assessment... and will almost certainly be perceived that way by lawyers.

That makes sense.

Editable fonts allow embedding. None of the permission types listed permit redistribution. Redistribution licenses might be obtainable, but would almost certainly be costly.

I meant redistributing the document, presumably with the fonts embedded in a way in which the end user can't extract them.

Furthermore the "permission" field in a font is not a legal contract or agreement... do not simply assume it is accurate, but rather seek confirmation of the font's legal status from the foundry/licensor.

I got the info from Microsoft, and the link you provided for Adobe has basically the same definitions of rights as the equivalent Microsoft site (the fonts I want to use are made by Microsoft).

[djgreedo]

Originally Posted by pdurrant

If you unsure, the best solution is to ask the font's rightsholder

My opinion, given what you've posted, is that you're allowed to embed the font in PDFs or ePubs provided the font is not easily extractable. For ePubs, this means that the fonts must be encrypted - either when DRM is applied to the ePub, or separately using the Adobe or IDPF font encryption method. (But as no reader currently supports the IDPF method, I'd suggest using the Adobe one.)

Well I won't be putting any DRM on anything...

I wonder if there is a way to double up on the fonts so I can embed some public domain fonts with the document but also make the document use my preferred fonts if they are available.

For example, I currently have some fonts on my reader's internal memory. I can access those fonts from the document without embedding them into the documents. If the fonts are not there the reader's default fonts take over. Unfortunately the default fonts on the PRS-700 don't display certain characters correctly.

[Peter Sorotokin]

Originally Posted by djgreedo

I wonder if there is a way to double up on the fonts so I can embed some public domain fonts with the document but also make the document use my preferred fonts if they are available.

When you embed fonts you have to use @font-face to bind font files to a particular family name, say, "Vera Sans":

@font-face { font-family: "Vera Sans"; ... ; src:url(...); }

Then you can specify this CSS:

body { font-family: Calibri, "Vera Sans", sans-serif; }

This will try to use Calibri, if it is available on the platform. If it is not available, it will try Vera Sans font - which will work as long as font embedding is supported by the Reading System. Finally, if neither of them work it will use generic sans serif font.

Note that in the implementations based on Adobe Reader Mobile SDK, the only way to make a platform (non-embedded) font available is to include corresponding @font-face definition it in the user stylesheet (which most devices don't support at this point).

[Jellby]

Originally Posted by ahi

Perhaps in Spain... in North America and doubtless in other legal jurisdictions, a lawsuit executed by a team of highly paid lawyers has every possibility of ruining you or at least making your life extraordinarily difficult, whether you win or lose.

Or did I misunderstand what you meant to imply?

It seems so, I was not very clear, sorry. I meant that my first comment about arguing and claiming should only be considered if you are a multi-million dollar corporation, with the resources to face the lawsuits to come. If you are a common user, you better make sure what you do is allowed, or at least not going to upset multi-million dollar corporations.

[djgreedo]

Originally Posted by Peter Sorotokin

When you embed fonts you have to use @font-face to bind font files to a particular family name, say, "Vera Sans":

@font-face { font-family: "Vera Sans"; ... ; src:url(...); }

Then you can specify this CSS:

body { font-family: Calibri, "Vera Sans", sans-serif; }

This will try to use Calibri, if it is available on the platform. If it is not available, it will try Vera Sans font - which will work as long as font embedding is supported by the Reading System. Finally, if neither of them work it will use generic sans serif font.

Note that in the implementations based on Adobe Reader Mobile SDK, the only way to make a platform (non-embedded) font available is to include corresponding @font-face definition it in the user stylesheet (which most devices don't support at this point).

That sounds perfect (assuming I can get it to work...). Thanks.

If I understand correctly, it will try to find Calibri, but I currently only get it to use Calibri (my Sony PRS-700 that is) by embedding the font in the ebook and referring to it using the "font-face" and putting in the URL to the files on the device (I copied the files on there myself). That is, I'm not actually using Calibri to replace one of the default fonts, it is just a font added to a folder on the device and referred to in the ebook's CSS.

With your method, can this work? Can I point to 2 fonts in the CSS, one that is public domain and embedded in the book and one that will only be on the device if the user sources it themselves? And of course set the priority so the book first tries to get the Calibri font, then falls back to the public domain font if Calibri isn't found. I don't want to use default fonts at all because of the unicode characters that aren't supported in the default font.

[Peter Sorotokin]

Originally Posted by djgreedo

If I understand correctly, it will try to find Calibri, but I currently only get it to use Calibri (my Sony PRS-700 that is) by embedding the font in the ebook and referring to it using the "font-face" and putting in the URL to the files on the device (I copied the files on there myself). That is, I'm not actually using Calibri to replace one of the default fonts, it is just a font added to a folder on the device and referred to in the ebook's CSS.

You mean loading Calibri using "res:" URL trick? res: URL works exactly like embedded font from CSS perspective. I think if res: URL cannot be resolved (say, because EPUB was loaded on a different device), it will fall back to the next font family.

What I meant is something more complex: if the Calibri is listed in CSS user stylesheet of the device or if you use non-Adobe EPUB renderer that supports system fonts natively and Calibry is installed on the system.

With your method, can this work? Can I point to 2 fonts in the CSS, one that is public domain and embedded in the book and one that will only be on the device if the user sources it themselves? And of course set the priority so the book first tries to get the Calibri font, then falls back to the public domain font if Calibri isn't found. I don't want to use default fonts at all because of the unicode characters that aren't supported in the default font.

I think it should work, but I am interested to know if it actually does.

When you say that you don't want to use default fonts at all, what you really mean is that current default font that Adobe SDK uses is not helpful for your purpose. Note that there are other renderers out there and some of them may not be able to load custom fonts at all, but they may have more robust default fonts. For this reason, you should always specify one of the generic names as a last item in the list of fallback font families (it is recommended CSS practice in general). This way you at least get serif vs. sans serif or monospace right.