Using tarot card images for a blog

Mystic_Blue_Jay

Hi everyone. I know this has probably been posted before, but I've tried searching the forums for this subject and I can't seem to find the thread. (Also, if this thread is not appropriate for the Talking Tarot forum, I'll understand if it is moved.) Well, I've started a tarot blog (nothing special... just a place to record daily draws). Lately I've been using the Hadar Tarot de Marseille for daily draws and I wanted to take photos of the draws with my cell phone camera and post them on my blog (it's a moblog). I tried to get in contact with Kris Hadar's Virtual Institute to get permission to do this, but I got a mailer daemon message back saying the message was undeliverable.

So I guess what I want to know is, what are the basic guidelines of posting images of Tarot cards on a blog? Do we need permission from the authors first? Or can we just post them on the blogs as long as we credit the authors/creators?

I mean, I wouldn't want to infringe on any copyrights...
 

SunChariot

I hope not, as I've been doing group readings and other things in my newsletter and including the photos of the cards, for a while now and it would make my newsletter a lot more boring if I could no longer do so. I don't see why a deck creator would mind as it is just one tiny image and if you blew it up it wouldn't be clear enough to do anything with and hey it's free advertising for their deck and might well lead to increased sales of the deck.

I do know I once did an interview with the deck creator and then did a reading with her deck and added in the photo in the same edition. I know that she had no problem with it.

Babs
 

Abrac

In countries with copyright law there's usually a fair use exception that includes limited educational or research purposes. As long as you don't get carried away and you're not making money off of it you should be okay. :)
 

teomat

I don't know what blogger you use, but with with Google blogs you can adjust the settings to make the blog only available to yourself or to those you choose to have access. The images are therefore not viewable by everyone, therefore you wouldn't be infringing any copyright laws (or so I would think anyway).
 

Oddity

Mystic_Blue_Jay said:
Hi everyone. I know this has probably been posted before, but I've tried searching the forums for this subject and I can't seem to find the thread. (Also, if this thread is not appropriate for the Talking Tarot forum, I'll understand if it is moved.) Well, I've started a tarot blog (nothing special... just a place to record daily draws). Lately I've been using the Hadar Tarot de Marseille for daily draws and I wanted to take photos of the draws with my cell phone camera and post them on my blog (it's a moblog). I tried to get in contact with Kris Hadar's Virtual Institute to get permission to do this, but I got a mailer daemon message back saying the message was undeliverable.

So I guess what I want to know is, what are the basic guidelines of posting images of Tarot cards on a blog? Do we need permission from the authors first? Or can we just post them on the blogs as long as we credit the authors/creators?

I mean, I wouldn't want to infringe on any copyrights...
Hi Mystic_Blue_Jay. Sorry for the extremely long post here, i don't seem to be able to express myself in short concise ways :)

Thanks for posting this question! I'm an artist (but not for any published tarot yet) so when people want to do the right thing, it makes me very happy. :love:

I've worked a lot with images, both as an artist doing work for others, and as a layout designer using other people's art and photos, so I'm now speaking as someone who has had to think about copyright issues from both sides, so to speak...

The rules are the same for spreading images of Tarot cards as for any other image.

Copyright laws may differ a little between countries but basically they come down to this: that the copyright holder (usually this means the original artist) should be the one who decides how, where and when their artwork is used. Making money of the art is only one part of the whole thing, so just because you're not making money off it, does not make it okay to copy someone else's work and put it on the web. It's still copyright infringement.

You can usually copy stuff "for personal use" which means to make one copy for yourself, of an item that you already own, as a backup of sorts. As long as you don't give it, sell it, lend it or rent it out to someone else, chances are nobody will mind. I'm not sure what the law says, but a private blog that nobody but you can see could maybe be considered personal use.

But as for what pictures you can put up on a public blog: I'd say NO SCANS unless you have permission of the copyright holder (in writing, so there's no doubt)
But you were not going to scan, you were going to take photos. I know. :)

If you would photograph the image straight up front so it shows the whole card and not much else, it is not much difference from a scan, and you have more or less made a copy of the image. You're kind of in a grey area, but it still might be considered copyright infringement if you are unlucky. I would not risk it. It doesn't really matter if the image is blurry or not, since it's about not copying and spreading someone else's work without them saying it's okay first.
Crediting someone is nice, but it doesn't change the fact that permission is what you need – before you use the image. ALWAYS ask first, is the golden rule. It's not difficult, and we artists usually get really, really happy that you took the time to ask. (And also, because you are taking the time to tell us, in person, that you like what we do. :) )
But always respect the artists wish, using without permission can get you into all kinds of trouble and cost you a lot of money.

On the other hand, if you would, for example, photograph your reading area and there's a deck or card lying there – perhaps at an angle, perhaps arranged with other items like crystals or flowers – maybe some of this is lying slightly on top of the card – that would be more okay.
An image like this, I would feel safe putting in some magazine I designed (provided you gave me permission to do that, since you are the copyright holder for this photo), because not only would you have made it very difficult for someone else to copy the art on the card and make something with it, but the card is also only one little part of your photo, which in itself would be a new original piece of art. Also, if it was a photo of a spread to show positions of the cards, that would probably be just fine with most people.

If I needed a clear, clean picture of the card straight up, I would not try to photograph it, I would ask the publisher or the original artist for scans and maybe they could send some images I could use. Everybody loves to know that people like what they do, but most people also like people to be nice and ask permission first - it's just more respectful that way and saves a lot of trouble for everyone. ;)
The only time you don't have to do this, is if the original artist has clearly stated that permission or credit is not necessary.

Good luck, hope your blog turns out just the way you want it to be!
:heart:
 

lizziecat

Oddity said:
On the other hand, if you would, for example, photograph your reading area and there's a deck or card lying there – perhaps at an angle, perhaps arranged with other items like crystals or flowers – maybe some of this is lying slightly on top of the card – that would be more okay.
That not might be quite accurate (again, depending on laws). If the artwork is used as a prop or even in the background, the artist can still sue you for payment for using the work (it has happened in Canada a few times), or if you change, modify or use it out of the intended context.

Probably the best-known case in Canada is the "Canada Goose" sculptures in a shopping mall. The mall decorated the sculptures for a holiday, and the artist successfully sued them to remove the decorations as it was not the intended use. I think there was also something in there about it harming the artist's reputation, etc.

There was also a local case with an artist who had their sold painting shown in the background of a TV interview, and managed to get paid for using the painting as a prop.

Of course, one could argue that photographing the cards in a spread on a reading table is the intended use, but you should be ready to cough up a payment to artist for using the cards as a prop.

If you use the cards for something other than their intended use (making jewelry, cutting up cards for collage, building a house of cards, etc.) then I'd recommend getting a good lawyer because the artist has a solid case regarding damaging their reputation by modifying the original intent of the work.

Even if you think what you do is not serious enough for an artist or publisher to hunt you down, it is actually in the best interest of them to do so because if there is a very serious violation it is important to show a track record of protecting your copyright. That's why big companies such as Disney, music companies, etc. go after *everybody*.

Bottom line - if you don't have written permission from the copyright holder, don't do it.

Here's an example of the correct way to add copyright material to a blog:
http://catsceneinvestigations.wordpress.com/2009/09/11/official-royal-cat-portrait/
I commissioned this portrait from the artist, but even though I paid for it and it's a portrait of my cat, the artist holds the copyright to the painting. I contacted the artist, sent her the photo I wanted to post on my blog, received written permission from her to do so, and then credited her with the painting and included her copyright notice.
Artist is happy, I'm happy, cat is happy - everyone wins :)
 

Oddity

Thank you lizziecat!

You're right to point this out! The copyright laws are a crazy jungle and it's always best to err on the side of caution.

I guess I was thinking a lot in terms of magazine articles because it's what I'm used to, there it's usually no big surprise for the people involved that an article about them and their work may be published, and they are more than okay to let items be photographed, because that very item is what the article is about.

Using things as props for articles that are not specifically about that very thing one is using as a prop – it's a very weird area when you think about it. Where does one draw the line? Paintings, cards? The clothes people happen to be wearing? And does it matter whether the item is intentionally used as a prop or just happens to be there? (I'm just playing with questions running through my mind now, I don't expect you to come with all the answers :) But if you happen to have them, please share because I would love to know! Really!)

Written permission makes everything so much safer and easier...
 

Amary

*runs to take down some pictures and email some artists...*
 

Oddity

Excellent painting, by the way. Lucky cat! :D
 

lizziecat

I'm not a copyright lawyer, but I do deal with copyright issues regarding digital images every day at work :)

I find the copyright holders, then forward the information I have to the legal department, they do their thing and give me a "yes" or "no".

As copyrights vary by country, the safest course of action is to obtain written permission (to cover your behind) or consult with a lawyer who is an expert in your country's copyright laws. Even what might be considered "public domain" in one country might not be somewhere else.

Yes, it is a jungle :D

Just to complicate things further.....

I photographed the picture used in the portrait, so I am the copyright holder of the photograph.
The artist had permission to use my photograph to paint the portrait (in the commission contract).
Now, the artist has copyright on her painting and can post it anywhere she pleases (and she has - it has been featured on several sites) but she cannot post the original photograph used for the painting without my permission, as that right was given only to produce the portrait.

It makes one wonder how anything gets done :D