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Signed in as:
filler@godaddy.com
I’ve been researching the US Games copyright over the Rider Waite Tarot Deck for the past several years so that I can better understand it and so that we can all be 100% confident in moving forward with the Vibrating Tarot project.
My research has led to an official endorsement from the VP of US Games, owner and publisher of the Rider Waite Smith Tarot Deck.
Upon review of the latest process images, we were given the green light to continue with our work with an email that said:
"This [Vibrating Tarot] has nothing to do with US Games.
Good Luck with it."
-VP of US Games
In the interest of full transparency and full disclosure, for the various legal teams to review my findings, and for others to benefit from my work, I am making all of my research available on this page.
This document seeks to explain the copyright claim that US Games has over the Rider Waite Smith Tarot Deck and how Vibrating Tarot relates to it.
It will also break down how Vibrating Tarot imagery is created, and how it is similar to, and how it differs from, the Rider Waite Smith Tarot Deck.
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Overview of Main Points
The Rider Waite Smith deck is comprised of different visual elements that break down into two categories.
The first category consists of the original black line illustrations, drawn by Pamela Colman Smith (1878-1951), under the direction of Arthur Edward Waite (1857-1942), first published by the Rider Company in 1909.
The second category includes all the recently updated elements by US Games, protected by a 1971 copyright. They consist of the colour palette, typography, design on the backs of the cards, and the box design.
In addition to the two above mentioned visual elements, the additional matter of the RIDER-WAITE trademark is of concern.
1
Pamela Colman Smith’s original black line illustrations entered into the public domain at the end of 2021, 70 years after her death.
Vibrating Tarot derives part of its background imagery by redrawing the Colman Smith line art that is now public domain material.
2
US Games currently holds copyright to their updated elements in the current publication of the RWS Tarot Deck.
Vibrating Tarot does not use any of the elements that were updated by US Games that are protected by their copyright, including their colour palette, typography, back of card design, and box art.
3
US Games currently holds full rights to the RIDER-WAITE mark.
Vibrating Tarot takes care in not using the RIDER-WAITE mark in any way. Vibrating Tarot has created its own unique brand and does not take advantage of the Rider Waite mark, nor do we mention the Rider Waite name in ANY of our material.
Table of Contents
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Section 1: Colman Smith’s Original Line Art is Public Domain
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Section 2: US Games Copyright to New Materials
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Section 3: The RIDER-WAITE Mark
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Section 4: Vibrating Tarot Mythology and Imagery
4.1: Vibrating Tarot Mythology
4.2: How is Vibrating Tarot Imagery Made?
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Section 5: Conclusion
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Section 6: Acknowledgements
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Section 1: Colman Smith’s Original Line Art is Public Domain
Line Art is Public Domain as of 2021, 70 years after Colman Smith’s death.
Colman Smith’s original black line illustrations are the only visual element from the RWS deck that Vibrating Tarot is concerned with, and they entered into the public domain at the end of 2021, 70 years after her death.
TAKEAWAY: Pertaining to the original line drawings, no one can claim copyright over them because they are now public domain as they were originally drawn by Pamela Colman Smith, who passed away greater than 70 years ago.
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Section 2: US Games Copyright to New Materials
US Games’ copyright claim
https://www.sacred-texts.com/tarot/faq.htm
In 1971, US Games filed a copyright claim at the US Copyright office which is displayed below.
This application only applies to new matter, which means anything added to a preexisting work. In this case US Games claims a copyright on everything except for the actual original RWS illustrations.
The following info is taken from the 1971 copyright claim:
Registration Number: VA-101-718
Title: The Rider tarot deck / the original and only authorized ed. of the famous 78-card tarot deck / designed by Pamela Colman Smith under the direction of Arthur Edward Waite.
Description: 78 col. prints; cards in box.
Claimant: acU. S. Games Systems, Inc.
Created: 1971
Published: 22Dec71
Registered: 11Jun82
Author on Application: artwork & text on cards & box: U. S. Games Systems, Inc., employer for hire.
Previous Related Version: Appl. identifies tarot card designs as preexisting material.
Claim Limit: NEW MATTER: "lithographic reproduction of designs & text on tarot cards, artwork & text on box."
TAKEAWAY: It is important that while designing Vibrating Tarot, I use my own unique colour layers, typography, an original design for the backs of the cards, and a new box design, so that the elements over which US Games claims ownership do not apply to our project.
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Section 3: The RIDER-WAITE Mark
US Games’ 2021 Statement pertaining to the RIDER WAITE trademark
https://wildhunt.org/2021/01/rider-waite-smith-tarot-deck-may-enter-public-domain.html
January 27, 2021
US Games states that it “owns exclusive rights to the RIDER-WAITE mark, and that right may be preserved in perpetuity.”
US Games notes that “Even when the copyright derived from Colman Smith expires, which was erroneously reported as January 1, 2021 instead of December 31, 2021, U.S. Games’ rights in the images as interpreted on its cards will not, and exact reproductions, including card backs and interpretations of colorization, will still lie exclusively in US Games.
Finally, the date on which any copyright expires is dependent upon the jurisdiction, and while it may expire at the end of 2021 in some places, that is not true globally. US Games is, and remains, the only publisher authorized by Waite’s estate.”
TAKEAWAY: Vibrating Tarot does not use the RIDER-WAITE mark in any way. We do not use the terminology in our descriptions of ourselves online, or in print, and the term Rider Waite does not appear in our marketing or on our box art.
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Section 4: Vibrating Tarot Mythology and Imagery
4.1: An Overview of Vibrating Tarot Mythology
Vibrating Tarot is a new Tarot deck based on the 1909 illustrations of Pamela Colman Smith, featuring popular sex toys and adult pleasure products in place of all the people and iconic imagery.
In addition to all the characters in the deck being replaced by sex toys, the four suits in Vibrating Tarot have changed. Wands, Cups, Swords, and Pentacles have changed to Rope, Lube, Whips, and Plugs.
The world of Vibrating Tarot builds upon the traditional Tarot themes, transforming the essence of the deck as a whole, while paying homage to many different sub-genres within the world of kink, BDSM, and sex positivity.
The concept clears away stigma with its initial humour, but the deck of cards can also be looked at in a much deeper way and should be used as a serious tool of divination to engage in, solo or with friends and trusted partners, in search of deeper knowledge about themselves.
With sex positivity at its core, acceptance, and embracing of everyone across many spectra, Vibrating Tarot starts the types of conversations that bridge the gap between sexuality and spirituality.
4.2: How is Vibrating Tarot Imagery made?
Vibrating Tarot eliminates all character art, and all imagery of iconic items, from the compositions of the original RWS Tarot deck.
I take the background line art from the original designs, digitally retrace each background anew by hand, and build upon them with new photographs, new illustrations, textured layers, and digital collage work of adult toys and pleasure products. These new compositions change the meaning of each card and transforms the essence of the Tarot deck as a whole.
These newly designed foreground collage compositions are placed in similar positions to the characters on the original cards so that the basic visual component of the card remains intact while the deeper understanding of the message has been transformed to something new.
A new colour palette is added. The colour palette is meant to look like the original deck but consists of scanned coloured pages of old paper and different textures, as well as original photography of things like leaves, leather, sand, and rust, and burnt wood. I replace all the typography with my own. The backs of the cards and the box design are also my own original designs.
With full permission from each company involved, I plan to run a crowdfunding campaign for Vibrating Tarot to bring it to print and distribution.
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Section 5: Conclusion
No one has claim to copyright over the background line art that was originally drawn by Pamela Colman Smith because Colman Smith passed away greater than 70 years ago.
Vibrating Tarot does not use any of the newly added material which US Games holds copyright over, including colour palette, typography, backs of the card design, or box art.
We are not using the RIDER-WAITE mark in any way. Vibrating Tarot has created its own unique brand, and does not mention the Rider Waite name in any of its material.
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Section 6: Acknowledgements
Thank you to the following two sources for their invaluable research:
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