Re: Using the Rosenwald Sheet

#2
Reese wrote:I am posting this here because it is a little something artistic I'm thinking of doing. in this post we have mention of an early Minchiate pattern:

http://www.forum.tarothistory.com/viewtopic.php?p=12282

I am thinking about redrawing and coloring these:
http://trionfi.com/rosenwald-tarocchi-sheet 

Does anyone here know of any copyright issues? So far it's just for me but jic idk...
Good luck with the project ... it would be fine to have such a production.

I don't know, if the museum could claim a copyright on a 500 years old design. And actually there are two copies in two different museums.

Just for your special interest Minchiate/Germini ... there was a new finding of the appearance of "Germini" in 1517/18.
http://trionfi.com/germini-1517-1519

And a Sminchiata note of c. 1510:
http://www.letarot.it/page.aspx?id=255
http://www.letarot.it/page.aspx?id=255&lng=ENG
Huck
http://trionfi.com

Re: Using the Rosenwald Sheet

#3
Huck wrote:I don't know, if the museum could claim a copyright on a 500 years old design. And actually there are two copies in two different museums.
the design is not the issue, it's the reproduction that may or may not be either copyrighted or submitted to "author rights" (in the european/french acceptance).
"Redesigning" or redrawing the card in most case is not a derivative work from the picture but from the original design, but it may also depends on your local legislation !
I thought at some time to reproduce a deck designed in the XIXth century, but in order to do so I planned to use an old edition now in the public domain as a model.

Bertrand

Re: Using the Rosenwald Sheet

#4
If you publish your work in the United States, the reproductions of the Rosenwald sheet in books like Kaplan's Encyclopedia would not be considered to be under copyright. This precedent was set by the case Bridgeman Art Library v. Corel Corp. in 1999, and has not been challenged since.

http://en.wikipedia.org/wiki/Bridgeman_ ... Corel_Corp.

This is the policy under which wikimedia commons operates.
http://commons.wikimedia.org/wiki/Publi ... lic_domain
- scroll down to "Interaction of US copyright law and non-US copyright law"

Since the Rosenwald sheet is in the public domain, and it is physically also in a US institution (the National Gallery of Art in Washington), then "faithful reproductions" of it are not copyrightable, and can be used for any purpose, including commercial. I assume this would also mean that if you (re)published it anywhere in the world, it would not violate any copyright, since both the object and its reproductions come from the US.

This issue hasn't been tested in any European court, but most institutions and publishers in Europe claim ownership of photographic reproductions of two-dimensional images in their collections (as well as rights over photographs of three-dimensional objects, so that, for instance, you are not allowed to publish a photo of the pyramid at the Louvre that you took unless you first ask for permission of the Louvre). Whether or not these claims would stand up in court I don't know, but I am not afraid to use their images for non-commericial purposes without asking for permission. If they want to find me and ask me to stop, let them do so.
Image

Re: Using the Rosenwald Sheet

#5
Thank you for the replies, everyone :)
Good to know the sheet is useable, though I'm not doing this to publish.

Besides all the issues, I had already decided to copy the sheet not verbatim but mirrored. I am doing this on 300 lbs. cold-pressed watercolor paper and then watercolor painting it. I perceive it as a 28-3/4" x 19-5/16" piece of paper with 24 cards on it. (The cards are 3-19/32" x 6-7/16" if anyone is interested.)

The damaged Wheel card will have to be recreated in one of the Queen's spaces, as well as the Fool, but I will copy what's left of the Wheel in situ.

Some other options would be to do those cards separately or start a new sheet entirely for those and the tens ;)

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