Of course, the products themselves contain copies of the typeface, not of the software. P22 seeks actual or statutory damages of at least $1.5 million as well as the destruction of all merchandise created with the Cezanne software. Moreover, the basic license states that “A royalty based Commercial license is required when P22 software is used to create a product sold for profit,” so the Complaint also includes a count for breach of contract “to the extent Defendants. P22 alleges that one of the manufacturers obtained a license only after it had used the software without authorization, and the other defendants did not obtain licenses at all.

P22 has also attempted to boost the protection for its font by selling the software with an End User License Agreement that restricts how the program may be used.

(In some instances a design patent may also be an option.) While the defendants are not copying and distributing the software itself as in a traditional infringement case, running the software creates copies in computer memory, not to mention the copies presumably created when they first obtained it. Type designers wishing to protect their fonts register and assert copyright (as P22 has) in the software. The Copyright Office has determined that “typeface as typeface” is not subject to copyright, and it will not accept applications for registration of copyright in a typeface as such. Technically, P22’s suit does not allege infringement of a copyright in the typeface design itself, but rather in the computer software program that creates it. P22’s Complaint alleges that its “Cezanne” typeface appears on souvenirs sold at “The Wizarding World of Harry Potter” and through the theme park’s web site, including, for example, the “ Hedwig pillow” and the “ Ministry of Magic Messenger Bag.” P22 has sued Universal and the manufacturers of the licensed products. One of P22’s most popular fonts is “ Cezanne,” a lyrical, swooping lettering based on the handwriting of artist Paul Cezanne. P22 Type Foundry creates and distributes computer fonts inspired by art, design, and history, often working with museums and foundations to create authorized versions of historical lettering styles or typefaces based on the handwriting of famous figures. Instead, an independent font company has asserted, in a lawsuit filed on July 5 in the Eastern District of New York, that merchandise sold at Universal Studios’ “ The Wizarding World of Harry Potter” theme park in Orlando makes unauthorized use of one of its typefaces. Rowling stole her billion-dollar story from an earlier work.

This is not another case of an obscure author claiming that J.K. Just in time for the release of the final installment in the Harry Potter film franchise, a related branch of the Harry Potter empire finds itself involved in a curious copyright dispute.

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