Seattle, WA asked in Copyright and Intellectual Property for Washington

Q: Is it legal to write a book using copyrighted plot and characters as a lense through which to describe to tarot cards?

There are many books out there describing the meanings etc of the classic 78 tarot cards but it is super hard to actually remember all of the information since it is so isolated.. so I was wondering if I could write a book explaining the meaning of each card by using an examples of characters and scenes from Miyazaki movies (ex, "Ashitaka is a great example of the card strength because of the way he remains true to himself in princess mononoke... etc.") And also as a secondary question if such a book would be legal, could I legally include my own art of the characters or even the original art since this would be more of an analysis situation or would that still be illegal if I was hoping to sell the books? Thanks!!

1 Lawyer Answer
James L. Arrasmith
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Answered

A: When using copyrighted characters and plots, particularly from well-known creations like Miyazaki's films, for your own published works, you're navigating complex copyright laws. These laws typically protect original creative works from being used without permission, especially in contexts where they are being repurposed for new commercial products. Even when your intention is educational or analytical, if the work is recognizable and derivative, it could potentially infringe on copyright.

In terms of legality, using characters and scenes from copyrighted works to illustrate concepts in tarot cards can be tricky. While your intention is to provide analysis and education, which could fall under "fair use" in some jurisdictions, this is not a clear-cut exemption and varies significantly by country. Fair use often considers factors such as the purpose of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Therefore, your situation might not automatically qualify as fair use, especially if the book is sold commercially.

Regarding artwork, creating and including your own art inspired by copyrighted characters is also legally sensitive. This could be seen as creating derivative works, which usually requires permission from the copyright holder. Using original art directly without permission is generally not allowed, especially for commercial purposes. If you are considering this project, it might be wise to consult with a legal professional to understand the specific risks and possible legal requirements, such as licensing, in your region.

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