Quick answer
- The original 1909 Rider-Waite-Smith tarot artwork is in the U.S. public domain, but the 1971 recolored version is copyrighted by U.S. Games Systems.
- The term 'Rider-Waite' is a registered trademark, and using it in Etsy tags or titles can trigger an automatic IP takedown.
- Etsy sellers offering digital tarot readings often receive counterfeit strikes if they use the trademarked name of a modern deck in their listing SEO.
- Creating pop culture tarot decks based on movies or celebrities violates corporate IP and will result in listing deactivation.
The Rider-Waite-Smith Public Domain Myth
Explaining the difference between the 1909 public domain art and the protected 1971 recoloring.
If you sell divination tools, indie decks, or digital readings, an Etsy tarot copyright strike can freeze your shop overnight. Many sellers assume that because tarot has been around for centuries, the imagery is entirely free to use. This is a dangerous misconception that leads to thousands of deactivated listings every year.
The truth about the iconic Rider-Waite-Smith (RWS) imagery is highly specific. The original 1909 line art drawn by Pamela Colman Smith is indeed in the U.S. public domain. However, the vibrant, recolored version published in 1971 is strictly copyrighted by U.S. Games Systems. If you scan, trace, or digitally alter the 1971 version for your merchandise, you are committing copyright infringement.
Furthermore, the term 'Rider-Waite' is a registered trademark. Using 'Rider-Waite' in your Etsy titles, tags, or descriptions to sell your indie deck or apparel will trigger an automatic trademark sweep by the publisher, resulting in a swift listing deactivation.
Tarot IP Terminology
Understand the legal distinctions before designing your deck or writing your tags.
The original Pamela Colman Smith line drawings from 1909, which are free to use in the U.S.
The modern, vibrant version of the RWS deck, strictly protected by U.S. Games Systems.
A registered trademark that cannot be used in your Etsy titles or tags to sell products.
The Tarot Reading 'Counterfeit' Trap
Why digital reading services get flagged as counterfeit physical items.
If you sell digital tarot readings on Etsy, you might be shocked to receive a 'counterfeit item' strike. This frustrating scenario happens when readers use the name of a modern, copyrighted deck—such as the 'Crow Tarot' or 'Wild Unknown'—in their listing tags to attract fans of that specific artwork.
When a deck publisher's intellectual property bots sweep Etsy for counterfeit physical decks, they flag any listing using their trademarked keywords. Because automated bots cannot distinguish between a physical counterfeit deck and a digital reading service, your listing gets caught in the crossfire.
To avoid this trap, never use a specific deck's brand name or the creator's name in your SEO. Stick to descriptive, generic terms that describe the service rather than the tool you are using.
Common Tarot Reading IP Mistakes
Avoid these critical errors that trigger automated bot sweeps against digital reading listings.
Using 'Crow Tarot' or 'Rider-Waite' in your tags will trigger a counterfeit strike from the publisher's bots.
Using photos of a modern, copyrighted deck to advertise your digital reading service violates the creator's rights.
Offering a 'Disney Villain Tarot Reading' infringes on massive corporate trademarks.
The Pop Culture & Fan Art Deck Trap
The dangers of creating tarot decks based on movies, shows, or celebrities.
Creating a themed tarot deck based on your favorite movies, books, or musicians is a massive trend on Etsy, but it is also a guaranteed way to get banned. Listings for 'Barbie Tarot,' 'Taylor Swift Eras Tarot,' or 'Studio Ghibli Divination' are routinely removed by corporate brand protection agencies.
Even if you draw every single card yourself, using trademarked character names, logos, or celebrity likenesses violates intellectual property laws. A tarot format does not magically grant you 'fair use' or parody protection when you are selling a commercial product.
Large corporations like Mattel and Disney sweep Etsy daily. If you want to create a themed deck, you must rely on public domain concepts—like Greek mythology or Victorian botany—rather than modern pop culture properties.
The Card Back & Trade Dress Risk
Why copying the back of a famous tarot deck leads to IP strikes.
Many sellers successfully redraw the front of the tarot cards but make a critical error on the back. The specific patterns used on the back of famous decks—such as the blue-and-brown plaid or the Tudor rose-and-lily design of the traditional RWS deck—are protected as trade dress or copyright.
Trade dress protects the visual appearance of a product that signifies its source to consumers. If your indie deck features a card back that is confusingly similar to a major publisher's deck, you can receive an IP strike even if your front-facing artwork is 100% original.
Always design a completely unique pattern for your card backs. This not only protects you from legal action but also helps establish your own unique brand identity in the crowded Etsy divination market.
How to Safely Sell Tarot Merch on Etsy
Actionable steps to keep your divination shop compliant.
To survive in the Etsy divination niche, you must audit your entire workflow before publishing. If you are using vintage art, ensure you are sourcing from verified 1909 scans, not modern recolorings. If you are creating a brand new deck, ensure you have the proper commercial licenses for any fonts or digital elements used in your design.
When writing your listings, focus on the aesthetic and the utility of the deck. Use phrases like 'cottagecore divination deck' or 'holographic major arcana' rather than piggybacking on the names of established publishers.
Remember, if you are unsure about the public domain status of a specific vintage image, consulting a qualified intellectual property attorney is always the safest route for your business.
Tarot Seller IP Safety Checklist
Audit your listings and deck designs before publishing to Etsy.
Ensure vintage art is sourced from the 1909 printing, not the 1971 recolored version.
Remove 'Rider-Waite' and modern deck names from your titles, tags, and descriptions.
Do not copy the plaid or rose/lily patterns of established publishers.
Confirm you have extended commercial rights for all typography used on the cards.
Frequently asked questions
Is the Rider-Waite tarot deck in the public domain?
The original 1909 line art by Pamela Colman Smith is in the U.S. public domain. However, the 1971 recolored version is copyrighted by U.S. Games Systems, and the name 'Rider-Waite' is a registered trademark.
Why did my Etsy tarot reading get a counterfeit strike?
If you use the trademarked name of a modern deck (like 'Crow Tarot') in your listing tags, the publisher's automated bots will flag your listing as a counterfeit physical item, even if you are only offering a digital reading.
Can I sell a pop culture themed tarot deck on Etsy?
No. Creating a tarot deck based on copyrighted movies, TV shows, or celebrities (like a Disney or Taylor Swift deck) is intellectual property infringement and will result in a takedown.
Protect Your Divination Shop from IP Strikes
Don't let a simple tag like 'Rider-Waite' or a copyrighted card photo trigger a takedown. ZenStorefront automatically scans your Etsy listings, titles, tags, and images for high-risk trademarked terms and protected IP before you publish.
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