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Usage of images in on-line reading services

Thread originally posted on the Aeclectic Tarot Forum on 21 Apr 2004, and now archived in the Forum Library.

Diana  21 Apr 2004 
If someone wants to start up an on-line reading service, and wants to use images for a deck on the web-site to illustrate their readings, and also in the readings themselves, do they need to get a licence for using the cards?

And if so, who gives the licence? The publisher? The author?

A friend of mine asked me and I frankly have no idea.

Does it cost money? Or are these licences given out for free.

If one doesn't ask for a licence, can one be sued? 


MeeWah  21 Apr 2004 
Diana: This FAQ is for the RWS only & may provide some information:

http://www.sacred-texts.com/tarot/faq.htm#about 


TemperanceAngel  21 Apr 2004 
I'm glad you asked that, because I had never thought of that myself and want to do that! XTAX 


rota  21 Apr 2004 
Recently I was approached by the owner of facade.com, who wanted to use images from my decks for their online readings. Basically, it was a contract for nonexclusive use of the images for a period of time, all rights and ownerships being retained by the owner of the work. It's a matter of finding the person in charge of a deck, and working out an arrangement.

http://www.facade.com/tarot/ator/
http://www.facade.com/tarot/international_icon/ 


Mojo  21 Apr 2004 
MeeWah,

That website is only half right. The original Coleman-Smith images are public domain, but the Rider-Waite deck images do have a copyright that is held by U.S. Games, and they do charge a fee for any commercial usage (e.g. you make money off the use of the images) of them.

There are some very slight differences that U.S. Games made to the original images when they applied for a copyright in 1971, so unless you are 100% sure that you have the original images, you need to apply for permission to use the images from U.S. Games. The fee is based on expected income, length of the release, and several other factors.

Read their FAQ here: http://www.usgamesinc.com/Info/info4.cfm

I just went through this and based on what their fee is for a published book, the fee for a private website should be pretty reasonable.

According to my literary agent, they do routine searches for mis-use of their images and they will bring suit against people who don't get a release. But of course, since he's a lawyer, he's going to always err on the conservative side. 


MeeWah  21 Apr 2004 
Mojo: Thanks for the correction including the information that U.S. Games made changes to the original images--I had not known about that.

Is there a book or a website in your future, then? 


Mojo  22 Apr 2004 
MeeWah,

Yes! I finally got going with the Tarot book I've been wanting to write for years. The main book is done except for some minor editing and now I'm just compiling the Appendix information and transcribing some of my taped readings to use as examples.

I have a letter of interest from a publisher and we're trying to negotiate terms now. My agent says he has a second publisher lined up in case the first one doesn't work out. So it's looking good!

This won't be your typical Tarot book and it is likely to be somewhat controversial in the more "traditional" Tarot community. But for those who know me, that shouldn't come as a surprise. It's been fun writing it. 


Diana  22 Apr 2004 
Thank you to everyone.

rota, I have sent you a PM. 


Astra  23 Apr 2004 
Diana, you might want to check with Anne Murkett, the lady behind www.divinationsystems.com to see how she handles it. My deck is posted there, by e-mail request and agreement between the two of us, and when I've finally got it printed and up for sale, she'll add a link to the sale site.

The newer the deck, and the smaller the publisher, the more likely you will be to get permissions without cost, simply for the publicity you will be giving the deck.

One key to posting other people's graphics on the web is to make sure that the graphics you're using are good enough to be seen, but NOT good enough that someone can swipe them and proceed to raise merry havoc with copyright - always a fine line. 


The Usage of images in on-line reading services thread was originally posted on 21 Apr 2004 in the Talking Tarot board, and is now archived in the Forum Library. Read the active threads in Talking Tarot, or read more archived threads.

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