Copyright and Old Decks

Inthetree

Hi all! Just a quick question: I may soon become the owner of a very old deck (pre-1900) that, as far as I know, has never been reproduced and published. I'd really like to see that happen. How does copyright work for things produced pre-1900? Would I be able to print the deck and sell it? Thank you for your input!
 

Thirteen

Where were cards published? Where are you? It matters

Inthetree said:
Hi all! Just a quick question: I may soon become the owner of a very old deck (pre-1900) that, as far as I know, has never been reproduced and published. I'd really like to see that happen. How does copyright work for things produced pre-1900? Would I be able to print the deck and sell it? Thank you for your input!
Welcome to TDC. I would say your first move would be to make sure, absolutely sure, that it's never been reproduced or published. While it may seem as if no one has touched or seen this deck in 100 years, there have been companies re-issuing many old decks over the last 20 years. This deck may not be as obscure and forgotten as you think. If it's been reproduced/published within the last fifty years you may be out of luck as someone else could hold the copyright.

Assuming no one has reproduced/published it, you'll need to research the copyright laws of both the country where the deck was originally published and the laws of your own land. Most places the copyright is gone within a 100 years, but you never know, there are instances when such things are renewed or owned by an estate and there is no using them without the estate's or heir's permission. This is highly unlikely with a tarot deck but it pays to be careful.

I wish we could tell you that there was only one law for such things and we knew for certain that you could publish the cards with no trouble, but these things vary place to place. Best of luck, and do let us now what you find out.
 

Inthetree

Thank you very much for your response! Seems like I have some work to do :)