Is Rider-Waite-Smith Public Domain? Tarot Copyright Explained
The clear, current answer · United States vs UK/EU vs trademark · and what you may legally do with the cards.
In the United States, yes · the original 1909 Rider-Waite-Smith Tarot artwork is in the public domain, because it was published in 1909 (long before the US public-domain cutoff) and its copyright was never renewed. In the United Kingdom and the European Union, the deck entered the public domain only on 1 January 2022, seventy years after the death of its artist, Pamela Colman Smith, in 1951. Separately, US Games Systems holds trademarks on the names "Rider-Waite" and "Rider," and copyright on its later recoloured 1971 edition · but not on the original art.
In Brief
- · United States: the original 1909 RWS images are in the public domain · free to reproduce, adapt, and sell
- · UK / EU: public domain since 1 January 2022 (artist Pamela Colman Smith died 1951 · life + 70 years)
- · The popular claim that it "entered the public domain when Waite died in 1942" is wrong · the images are Smith's, and she outlived him by nine years
- · US Games Systems owns the trademarks on the names and a copyright on its 1971 recoloured edition · not on the original artwork
- · You may build a deck on the original 1909 art · but you may not brand it "Rider-Waite" or copy US Games' specific recoloured version
Copyright is the part of deckmaking most makers put off, and the part that most rewards understanding early. Pamela Steele walks through copyright and trademark alongside the whole path in her workshop, Creating Your Own Tarot Deck.
The Short Answer, by Jurisdiction
Copyright is territorial · a work can be public domain in one country and protected in another. For the Rider-Waite-Smith deck, four facts settle almost every question:
| What | Status | Since | Why |
|---|---|---|---|
| Original 1909 art (US) | Public domain | Decades ago | Published 1909, before the US cutoff; copyright not renewed |
| Original 1909 art (UK / EU) | Public domain | 1 Jan 2022 | Artist P. C. Smith died 1951 · life + 70 years |
| US Games 1971 recolour | Protected | n/a | Separate copyright on the new colouring |
| "Rider-Waite" / "Rider" names | Trademarked | n/a | US Games holds the registered marks |
In plain terms: the artwork is free to use, but the brand name is not, and US Games' particular modern edition is its own protected work. The sections below explain each line.
Why the US Considers It Public Domain
The deck was first published in December 1909 by William Rider & Son of London, with Arthur Edward Waite's companion text, The Pictorial Key to the Tarot, following in 1911. Under the US Copyright Act of 1909, protection lasted 28 years, renewable once · and the Rider-Waite-Smith copyright was not renewed, sending the work into the public domain.
Even setting renewal aside, the result is the same today. Under current US law, every work published before the rolling public-domain cutoff (1929 and earlier as of recent years) is in the public domain. A work published in 1909 clears that line by two decades. So in the United States, the original Rider-Waite-Smith images · the famous line drawings and their early colouring · are unambiguously free to reproduce, adapt, and sell.
You own your deck's copyright the moment you create it · this quick-start shows how to register it properly, with links straight to the source.
- Copyright vs trademark, in plain language
- The registration steps, via copyright.gov
- What is, and is not, in the public domain
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Why the UK and EU Date Is Different
Most of the world measures copyright not from publication but from the life of the author · in the UK and EU, the author's lifetime plus seventy years. This is where the single most common myth about the deck takes hold.
"Rider-Waite became public domain in 2012, because A. E. Waite died in 1942." This is incorrect. The deck's images were drawn by Pamela Colman Smith, not Waite · and she died in 1951, nine years after him. Under life-plus-seventy, her artwork entered the UK/EU public domain on 1 January 2022, not 2012.
Waite wrote the book and directed the symbolism, but the artist whose hand shaped all seventy-eight cards was Pamela Colman Smith · long under-credited, which is part of why the deck is increasingly called "Waite-Smith" or "Rider-Waite-Smith" today. Because copyright in the images follows her life, the UK and EU public-domain date is 1 January 2022. (Waite's written text, following his 1942 death, entered the public domain earlier.)
What US Games Systems Actually Owns
US Games Systems, the long-time American publisher of the deck, republished it in a recoloured edition in 1971 and has kept it in print ever since. The company genuinely holds rights · but not the ones most people assume:
- Trademarks on the names "Rider-Waite" and "Rider." A trademark protects branding · it stops you from calling your product a Rider-Waite deck, but it does not give anyone ownership of the underlying public-domain pictures.
- Copyright on its 1971 recolouring and on any genuinely new material in its later editions. The specific colours and any redrawn details in the US Games version are protected; the original 1909 artwork beneath them is not.
This split is the source of nearly all the confusion online. US Games has historically sent takedown notices even where the original public-domain art is involved, which leads people to assume the whole deck is locked up. It is not · but you do need to work from the original 1909 images (or a faithful scan of them), not from US Games' modern recoloured edition, and you cannot use the trademarked name.
What You Can and Can't Do
Here is the practical version for deck makers, assuming you are working in the United States (or in the UK/EU since 2022):
| You can | You can't (or should be careful) |
|---|---|
| Reproduce and sell the original 1909 images | Brand your product "Rider-Waite" (trademark) |
| Create a new deck that adapts or redraws the original art | Copy US Games' specific 1971 recoloured version |
| Use the images in a book, app, or other product | Use US Games' logos or packaging design |
| Print public-domain scans from archives or museums | Assume worldwide public domain · always check your country |
| Recolour the line art yourself and claim your colouring | Reuse a modern restoration that carries its own new copyright |
If you are building your own deck on this foundation, the next question is how to protect your additions · your new art, your colouring, your guidebook. That is a separate process. Read the full guide → How to Copyright a Tarot Deck
Public domain is an invitation, not a loophole. The original Rider-Waite-Smith art has fed thousands of decks precisely because it was meant, in the end, to belong to everyone who reads.
Which Other Tarot Decks Are in the Public Domain?
Rider-Waite-Smith is not the only historic deck free to build upon. As a rule, decks first published roughly a century ago or created centuries ago are in the public domain, while twentieth-century and modern decks remain protected for the creator's lifetime plus seventy years.
| Deck | Public domain? | Notes |
|---|---|---|
| Rider-Waite-Smith (1909) | Yes | US: yes · UK/EU: since 2022 · original art only, not the US Games recolour |
| Tarot de Marseille (historic) | Yes | 17th-18th-century patterns; some modern restorations carry their own copyright |
| Visconti-Sforza (15th c.) | Yes | The earliest surviving Tarot · see our complete guide |
| Sola Busca (1491) | Yes | The earliest complete 78-card deck |
| Grand Etteilla (late 18th c.) | Yes | Among the first decks designed specifically for cartomancy |
| Thoth (Crowley & Harris) | No | First published 1969 · still under copyright |
| Modern & indie decks | No | Protected for the creator's life + 70 years |
This article is general information, not legal advice. Copyright law varies by country and changes over time · for any consequential decision, confirm the current status in your jurisdiction and consult a qualified intellectual-property attorney. A useful primary source is the US Copyright Office.
Featured Course · New for 2026
Creating Your Own Tarot Deck
From first spark to finished deck · with Pamela Steele, Tarot Grand Master
Copyright is just one stage of the journey. Pamela Steele walks you through the whole path · concept, art, printing, copyright and trademark, and getting your deck into readers' hands · drawing on four decades of designing and publishing her own decks.
- Design & deck structure
- Choosing your art medium
- Digitizing for print
- Copyright & trademark
- Printers & print-on-demand
- Crowdfunding your deck
- The companion book
- Selling & distribution
- Pam's vetted directory
You own your deck's copyright the moment you create it · this quick-start shows how to register it properly, with links straight to the source.
- Copyright vs trademark, in plain language
- The registration steps, via copyright.gov
- What is, and is not, in the public domain
We'll send your PDF and the occasional letter from the Library. Unsubscribe anytime.
Further reading on creating decks
Frequently Asked Questions
Is the Rider-Waite Tarot deck copyrighted?
The original 1909 Rider-Waite-Smith artwork is no longer under copyright · it is public domain in the United States and, since 1 January 2022, in the UK and EU. However, US Games Systems holds trademarks on the names "Rider-Waite" and "Rider," and a separate copyright on its 1971 recoloured edition. So the old art is free to use, but the brand name and the specific modern recolour are not.
Can I sell Rider-Waite cards or art?
Yes. Because the original 1909 images are in the public domain (in the US, and in the UK/EU since 2022), you can legally print, adapt, and sell products based on them · prints, decks, books, and more. Just don't market your product as a "Rider-Waite" deck (that name is trademarked) and don't copy US Games' specific recoloured version.
When did Rider-Waite enter the public domain?
In the United States it has been public domain for decades · it was published in 1909, well before the US cutoff, and its copyright was never renewed. In the UK and EU it entered the public domain on 1 January 2022, seventy years after the death of artist Pamela Colman Smith in 1951. The common claim of "2012" is mistaken · it wrongly counts from A. E. Waite's death in 1942 rather than Smith's.
Can I use Rider-Waite-Smith images in my own book, app, or deck?
Yes, in jurisdictions where the work is public domain (the US, and the UK/EU since 2022) you may use the original 1909 images in books, apps, decks, and other products. Work from the original artwork or a faithful public-domain scan rather than US Games' modern recoloured edition, and avoid using the trademarked "Rider-Waite" name to brand your product.
Is the colourised / US Games version public domain too?
No. US Games Systems' 1971 recoloured edition is a separate, protected work · its specific colours and any new material are under copyright. Only the original 1909 artwork is in the public domain. If you want to use colour, the safest path is to colour the original line art yourself, which makes your colouring your own.
Can I legally create and sell my own version of the Rider-Waite deck?
Yes · building a new deck on the public-domain 1909 art is a long, legitimate tradition, and many published decks do exactly that. Give your deck its own original name (not "Rider-Waite"), use the original artwork rather than US Games' recolour, and register the copyright on your own new contributions. For specific situations, consult an intellectual-property attorney.
Part of our complete guide · How to Create Your Own Tarot Deck
