Copyrighted Cards? The Legalities of Tarot Imagery

The Legalities of Tarot Imagery: Are Tarot Cards Copyrighted?

Tarot cards have been a popular tool for self-discovery, guidance, and spiritual growth for centuries. As the art of creating tarot decks has become more widespread, questions about the copyrights of tarot imagery and the legalities of using these images have also arisen.

Many people might wonder: are tarot cards copyrighted? Or can anyone use the images as they please?

In this article, we delve into the legality of tarot card imagery, discussing the protection of intellectual property rights in tarot decks and the limits to using these images. We will also provide some guidance for artists and enthusiasts who want to create or use tarot imagery in their projects.

A Brief History of Tarot Cards

Before we dive into the legalities of tarot card imagery, let's briefly explore the history of tarot cards. Tarot cards have been around since the 15th century, originating as a card game in Europe called 'triumphs,' which later evolved into 'tarocchi.' Over time, these cards were adopted for mystical and divinatory purposes.

The 18th century saw the emergence of new ideas about the origins and meanings of tarot cards, with individuals like Antoine Court de Gébelin and Jean-Baptiste Alliette (known as Etteilla) further popularizing the use of tarot cards as tools for divination.

In the 20th century, interest in tarot cards and their mystical properties surged, leading to many new artists creating tarot decks. While some of these decks remain faithful to traditional tarot imagery, others have taken a more innovative approach, creating unique cards that reflect the artist's vision and style.

Are Tarot Cards Copyrighted?

The short answer is: sometimes. Copyright law varies by country, but in general, copyright protection extends to original works of art, including illustrations and designs found in tarot decks. This means that if a tarot deck creator has put significant effort, creativity, and originality into their artwork, this work will likely be protected by copyright.

It's essential for artists and enthusiasts to be aware of these protections when creating or using tarot card imagery, as unauthorized use of copyrighted materials can lead to legal consequences.

Public Domain Tarot Decks

While many tarot decks are copyrighted, some have entered the public domain. Cards in the public domain are no longer subject to copyright protection and can be freely used and reproduced without the need for permission from the previous copyright holder.

Generally, works enter the public domain because the copyright protection has expired or the artist has chosen to release their work into the public domain. Rules for when copyright protection expires vary by country, but often, they last for the life of the artist plus a certain number of years (typically 50 to 70 years).

For example, the Rider-Waite-Smith Tarot published in 1909 and created by artist Pamela Colman Smith and writer Arthur Edward Waite is considered to be in the public domain in the United States and European Union. As a result, printed and digital reproductions of the Rider-Waite-Smith Tarot are free to use without the need for permission or licensing fees.

Note that public domain works might still have restrictions or ethical considerations to keep in mind. For instance, some jurisdictions may require attribution, or citing the original author, even when using public domain material.

Limitations and Fair Use

Even if a tarot deck is protected by copyright, there may be some instances where limited use of the images might be allowed without permission under the principles of 'fair use' or 'fair dealing.'

Fair use and fair dealing are legal doctrines that allow limited use of copyrighted materials for purposes such as criticism, news reporting, teaching, and research without the need for permission from the copyright holder. These doctrines help balance the rights of copyright holders with the public interest in access to creative works.

Each jurisdiction has its own rules on what constitutes fair use or fair dealing and how to determine whether a specific use of tarot card images falls within these doctrines. It's essential to understand your local copyright laws and consult with a legal expert if you're unsure about using tarot imagery in this way.

Using Tarot Imagery Responsibly:

As a tarot enthusiast or artist, how can you ensure you're using tarot imagery responsibly and within the bounds of the law?