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Topic: Patenting magic
Message: Posted by: themartyr (Oct 30, 2005 07:19PM)
Im curious as to if everybodys magic is patented. Like individual moves and the trick itself. Also if you were going to sell a trick that resembles somebody elses what amount of difference does it take to do so legally? Thanks
Message: Posted by: rossmacrae (Oct 30, 2005 08:57PM)
A patent requires a LOT of money, beginning with research into a product's patentability. We're talking multi thousdands here.

A copyright registration is cheap, but any of these rights are only as good as your will (and ability) to enforce and protect them.
Message: Posted by: icentertainment (Oct 30, 2005 10:14PM)
It does cost money and then if somone does copy it then you spend more money taking them to court,
which you may or may not win- it sucks but there are always ways around the law- OJ simpson knows this.
Message: Posted by: themartyr (Oct 31, 2005 01:32AM)
Thanks for the replies. Im gonna start a website of some of my own stuff and some things are like other peoples but with a new twist that I added. Just trying to cover my ***. that's a bummer that people can just immediately start copying what you have worked on. I know this is business but for this business it seems especially difficult.
Message: Posted by: icentertainment (Oct 31, 2005 02:25AM)
Don't get disheartened if you see some cheap indian nockoffs or Penguin rename a few of your tricks and sell them as something else

(ooooh I set myself up for some bad feedback)
Message: Posted by: rossmacrae (Oct 31, 2005 10:13AM)
Im gonna start a website of some of my own stuff and some things are like other peoples but with a new twist that I added.
You're going to get some immediate flak from other magi who claim you're ripping off the people who your "own stuff" is "like" - and maybe you ought to think very carefully about whether you are.

I used to listen to business/finance broadcaster Bruce Williams on NBC Talknet radio, and he often told people thinking about creating new products (and worried about knockoffs) "don't worry if they copy you, worry if they don't." The idea being that if your product is poor, nobody has any reason to copy it, and if it is good enough to be popular you will sell enough to be able to stand the competition (albeit illegal) from the copiers.

But I'm not sure that's true in the world of magic products, where the entire demand for an excellent product can be filled by one guy with a basement workshop, and competition might be shockingly strong from one other guy with his own basement workshop (and a few less ethics).

I'm setting myself up for a flame or two here, but I also think that many - even most - dealers DON'T CARE if they're selling a knockoff (as long as it doesn't come back to bite 'em) - and what other field has such a sales policy as "now you know the secret, you can't return it, even if it broke the first time you used it."??? Some dealers do care, even join associations promoting ethics, but in practice there's still a great deal of "let's you and him fight and we'll just sell both products until one of you proves he has the exclusive right."
Message: Posted by: Deke Rivers (Oct 31, 2005 11:35AM)
Ha-ha! You hit the nail on the head there! I know a guy who had created a really cool trick. At a convention, a friend who saw it suggested he approach a big-time magic dealer about marketing it (for sake of this discussion, we'll just call the dealer "Joe" .) Joe told my friend "It' probably not marketable. You should just keep that for yourself." Within a short time, Joe was running ads marketing a similar item under another magician/creator's name!

Magic tricks tend to run in streaks of popularity. It's my understanding that a trick makes most of its money in the first 6 months to a year of its introduction. Your best bet is to have the trick in production, all ready to go before you release it. Then fill all the orders you can before others can jump in. You should also consider selling it a reasonable price. If someone can't undercut your price and still make a tidy profit, they probably won't try.
Message: Posted by: themartyr (Nov 1, 2005 01:33AM)
Well my magic isn't a complete knock off. Its more of being inspired by another trick and so on. Two of them are original and I'm planning on selling the tricks all as one. Its all card magic and it'll be like 15 bucks. Im going to include a lot of stuff for that 15 dollars that you spend. Plus theres a move that I created to do these tricks that I'm almost positive is original. They will aslo be taught on video instead of an e-book. I don't think my stuff is too incredible to where somebody would want to copy it anyways. Its just powerful magic where the card in the audiences mind cant be theirs, and when it is....
Message: Posted by: themartyr (Nov 1, 2005 01:35AM)
Say I wanted to pick someone on here and email them the stuff for free and ask them to post a review. Would that be ok under the Café rules?
Message: Posted by: themartyr (Nov 1, 2005 01:36AM)
Say I wanted to pick someone on here and email them the stuff for free and ask them to post a review. Would that be ok under the Café rules?
Message: Posted by: MattWayne (Nov 5, 2005 01:27PM)
I've actually done that with my one (sole trick) that I market called, "Match A Flash." I sent it to the first 50 people who posted a reply to the offer I made a long time ago (been about a year and a half.) Got all kinds of feedback on it. All was very positive. Sent them the full product, gimmick, instructions, and all. All I asked in return is for them to send the critique form back to me. Would I recommend it? 'Eh... sure test drive it. There are some reputable names on here- perhaps pick one that you've idolized for the longest time and wouldn't mind his/her honest feedback. Or you could just get anyone you'd like. There were tons and tons willing to help me and now I have a product. However it took four years to get it there; it's a product none the less though. Good close up effect if I do say so myself:) Good luck!

Matt Tomasko