Playing card copyright/trademark
Does anybody know the legal aspects behind playing card images? The traditional King, queen, jack, etc seem to be used by many different companies with no mention of copyright or trademark. A pack of Bicycle cards says the following: "We claim exclusive trade mark rights in Ace of Spades, Joker, name, number, back design, case design, and name of finish used on our various cards." This seems to confirm my guess... The only thing that is copyright or trademark in a pack of "standard" looking cards is the joker, ace of spades, and back design. The only thing I have a question on is "number". Does anybody know if this refers to the font they use, or does it mean the number that appears on the case and on the joker card? (for example, standard Bicycle cards have "808" on them). I am interested in creating a card game and just want to make sure I'm on sound legal ground.
Even if they don't claim a trademark, there could still be copyright issues.
You might consider using these : http://david.bellot.free.fr/svg-cards/
I belive there are other royalty-free playing card graphics out there if you look for them.
-Andy
You might consider using these : http://david.bellot.free.fr/svg-cards/
I belive there are other royalty-free playing card graphics out there if you look for them.
-Andy
No one owns copyright or trademarks on the standard card images. They are hundreds of years old. However specific artists renderings of them can and often are copyrighted or trademarked. The generic Kind/Queen/Jack image can be copied at will, as can the 4 symbols (hearts, clubs, diamonds, spades), but not any special or unique versions are probably copyrighted.
In the case of your Bicycle cards:
"Ace of Spades" - the ace of spades has an extra large image (it is the signature card in the deck). Bicycle has made an artistic version of an extra large spade, and has trademarked it.
"Joker" - The joker is a newer card, unlike the King/Queen/Jack there really isn't a generic, international version. Instead most companies have their own image of a joker, which of course they can copyright or trademark.
"name" - The name "Bicycle", as used in relation to playing cards. Nothing to do with playing card art at all.
"number" - One would have to search registered trademarks, most likely they have a specific font.
"back design" - Obvious. The back of the card is different for everyone and can be anything. Obviously the image there is covered under copyright and can be trademarked.
"case design" - Seperate from the cards, the box or container. Most likely it has the back design on it, so it's protected even without its own seperate trademark.
"name of finish" - Most good cards have their own type of gloss or seal on the cards (so they don't feel like cheap cardboard, and to allow them to be dealt and shuffled. Dealers and Magicians are both very sensitive to the finish on the card). This varies a lot, and can be a tradesecret, or even a patented process. In this case Bicycle is attaching prestege to the method they use to finish the card by giving it a name. They've trademarked the name so that no one else can claim to have Bicycle finish on their cards.
In the case of your Bicycle cards:
"Ace of Spades" - the ace of spades has an extra large image (it is the signature card in the deck). Bicycle has made an artistic version of an extra large spade, and has trademarked it.
"Joker" - The joker is a newer card, unlike the King/Queen/Jack there really isn't a generic, international version. Instead most companies have their own image of a joker, which of course they can copyright or trademark.
"name" - The name "Bicycle", as used in relation to playing cards. Nothing to do with playing card art at all.
"number" - One would have to search registered trademarks, most likely they have a specific font.
"back design" - Obvious. The back of the card is different for everyone and can be anything. Obviously the image there is covered under copyright and can be trademarked.
"case design" - Seperate from the cards, the box or container. Most likely it has the back design on it, so it's protected even without its own seperate trademark.
"name of finish" - Most good cards have their own type of gloss or seal on the cards (so they don't feel like cheap cardboard, and to allow them to be dealt and shuffled. Dealers and Magicians are both very sensitive to the finish on the card). This varies a lot, and can be a tradesecret, or even a patented process. In this case Bicycle is attaching prestege to the method they use to finish the card by giving it a name. They've trademarked the name so that no one else can claim to have Bicycle finish on their cards.
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