More question about copyrights

MaryHeather

I've been playing with the idea of designing my own deck for a while now. I have some ideas, and a few rough sketches. Nothing is cut and paste or directly copied, but I want to make sure I don't get in trouble with copyright issues. I've read the copyright threads that have been posted in the forum, and have a few questions.

Some time back, I remember someone talking about How Carol Herzer dealt with copyright when designing her Illuminated Tarot decks. If I remember correctly, she redrew the images herself. Does anyone have any info about that?

My other question is about public domain. If something is in the public domain in the EU, but not in the US, can I use it in my work if I publish in the EU?

MaryHeather
 

blueeyetea

Carol Herzer was able to re-draw and re-color the RSW deck because it was no longer protected by copyright. The RWS deck was published in 1909, and the earliest publication date where copyright is still valid is 1924 or 1925.

Generally speaking, copyright protection is lifetime of the author plus 70 years in the EU, which is the same in the US. So I'm not sure what would have a different period of protection in the EU than the US. What is the source of the art you want to reproduce? Is it art, literature, a movie?
 

MaryHeather

Art. Specifically, I'm trying to figure out if my artwork, although inspired by other work, could be perceived trademark or copyright infringement because of the original artist's unique style.
 

blueeyetea

In general, no one owns a style or technique of painting or drawing, but you have to be careful that your art doesn't come so close that it could be mistaken as coming from the other artist. This could hard to define, I know. There have been cases in the US where some artists have won in court when their styles were appropriated by other artists, and the basis was that each element were available to everyone, but multiple elements together comprised a whole that could be protected. It all comes down if the art could be confused as coming from the artist or not. I've seen art where it was obvious where the influence comes from, but the viewer can determine is not plagiarism.

Oh, before I forget, if it's art, then the copyright would be the same in the US and EU. From what I could see, the difference in copyright duration would have been related to recorded performances like plays where the date of recording is taken into account.