Topic: Question about selling a trick

Message:

Posted by: Moore Majik (Aug 30, 2010 9:08pm)

I have come up with a pretty innovative piece of strange that I think is worthy enough to submit to be marketed & sold to the general public. However, it is SUCH a good idea, I'm not even sure I'd want to release it. To be honest, if I was finacially set right now, I probably wouldnt consider it either way. So the main question is, would I be able to submit a trick that anyone could buy & perform anywhere they want to for whoever they want to, except for television? In other words, would I be able to reserve the television rights to an effect I created, even though it's being sold to the general public? If the answer is yes, than I'd feel more comfortable in selling it knowing that if I ever get lucky enough to get my own tv show, I'd be able to be the first to perform it on tv, as I would like to be known for not only creating it, but also being able to do it, sort of like a trademark/signature piece of mine, or maybe even perform it on AGT if I ever got the chance. I have many more ideas for other effects that I created that could also be sold, & wouldnt care if someone did those on tv, it's just this one that I really want to save for myself, as I'm sure most of you can understand where I'm coming from.

Message:

Posted by: Douglas Lippert (Sep 6, 2010 2:56am)

I suggest you perform the effect for a while before trying to sell it. It'll make for a better product.

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Posted by: stijnhommes (Oct 18, 2010 11:04am)

If you want to be the first to perform the effect on TV, it's best to keep it to yourself. You can reserve some rights, but not everyone is going to bother reading the small print and if they do perform it on television, the question becomes, do you want to pay a lawyer to sue them? It could be more trouble than it's worth. I'd start with the other effects first.

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Posted by: crochow (Dec 9, 2010 5:09am)

Perform it for awhile to your close friends, family, etc. Then after awhile... consider what you would like to do with it.

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Posted by: Dan Bernier (May 21, 2011 4:29pm)

In short, there is no legal way to protect your trick from being performed on television. If you want to protect your routine and method of the trick, the best advice is to not release it to the general public. That's the basic jiff's of it in a nutshell. I have looked into the law about this, and I have even spoken with a lawyer about this type of issue. Making a buyer sign a performance rights agreement to not performing it on television is extremely hard to legally enforce, and will cost a lot of money on legal fee's.

If you really believe you have a gem, keep it to yourself. Make it your staple. When you have become tired of it, and do not wish to perform it anymore, put it on the market. At this point it won't matter as much. If you really don't need the money, then you don't need to share this with anyone. At least not at this point.