Copyright Question

tarotreseacher

Hello, I'm working on a book that is centered around 15th Century tarot, particularly the Visconti decks, and the Sola-Busca tarot. However, within my internal circle, most have recommended I create new cards that are "inspired" by these decks to go with the book. The reason for this is that it seems to get permission to use images of any of the original decks for a book is not possible. Now, I reviewed the Cary-Yale research website and I'm not clear on what the policy is there. Clearly, for the Visconti-Sforza and Cary-Yale, reproduction decks have been published, but again, I'm not clear on the process for permissions on using images of either of these original decks (and the later created "filler" cards) for purposes of use in a book. Forgive my ignorance: Does anyone have some pointers? I do appreciate it.
 

Deaux

Here are a few thoughts from a complete layperson who knows enough about copyright to be really dangerous ;) Please consider these slightly educated guesses to help you on further research -- it's definitely NOT legal advice! That said...

I'd think these decks would be a lot like the paintings from the Old Masters. Clearly, the painting itself is in the public domain. The complication, then, is that to reproduce an image of one of those paintings means you need a clear photo of it, and most if not all of the available photos or reproductions ARE under copyright protection. Those rights belong to the photographers or whoever commissioned them to take the photos, depending on the situation.

To avoid having to have an artist recreate the cards, you could try contacting the museums/collectors who own the decks, and see if they will grant permission to use their photos.

Or you've mentioned that some of the decks have been reproduced and published. You can contact those publishers, and ask permission to use their images. They may grant it, especially if you offer to give them a page in the back of their book to promote their deck or publishing company.

Hope that gives you a lead or two to follow?
 

tarotreseacher

Thanks, Deaux. I was initially afraid to contact museums/collectors. However, reading your response, I think you're right. That is a solid avenue, although I wonder if there will be expense on my end, or if they would want to see the manuscript first. The reason I won't reach out to the reproduction companies is that I want to write purely, with the focus only on the original cards. This is in part to put the reader in that timeframe (15th century) and keep focus off current publishers and uses for the cards, and also to avoid any modern anomalies or changes made to the cards in the reproduction. Appreciate the response!
 

frejasphere

Knowledge is power :)

I think Deaux advice is solid (not dangerous) - get your hands on the necessary information on copyright, usage, rights etc before launching into the final stages of your book. Even if it takes a little longer and involves detective work along the way ... at least you will be standing on solid ground when you take the next step. You won't need to look over your shoulder wondering what might happen if... :)