I've searched but haven't found anything on this subject.
From the SAM/IBM Code of Ethics:

Many people use free (or sometimes they charge more for) "add ons" to book more shows, these things may include:
Party Bags (possibly including a magic trick(s))
Magic Kit for birthday child
An activity sheet (possibly including a magic trick(s))
Teaching a magic class
etc.

Does anyone feel that any of the "add-ons" (for example a free magic kit) are unethical? Have you ever met anyone who thought this? Any thoughts on the use of "add-ons" that teach a trick(s)?

Keep in mind that these codes were written at a time when the "secrets" of magic were largely handed down from master to apprentice. Then, recall that nearly 80 years ago Harlan Tarbell and Walter Gibson, two masters of the art, wrote and sold magic how-to books TO THE GENERAL PUBLIC in complete defiance of this code. Without these tomes, magic, today, might be a dieing, forgotten art rather than a thriving, living artform.

How can providing a product that is readily available at any Toys-R-Us, Wal-Mart or Barnes & Noble be considered unethical? It's there already! It promotes the art of magic. It encourages a child to take an interest in the art. I personally give two copies of Mark Wilson's Magic Course (with my professional bookplate inserted) to every library I visit with my show. If a child is genuinely interested in magic, I'll give them a personal copy of the book.

I personally believe that encouraging anyone's interest in magic through instruction in the basic and commonly available "secrets" exposes only two things...it exposes interested parties to the fun and excitement of this art. It also exposes the "beginner wannabe hacks" who take basic, off-the-shelf magic and try to compete with my unique and original routines. This keeps them off my street.

I've said it before and I'll say it again. A true professional can show a teen or an adult how a TT works in minute detail. He (or she) can then turn around ten minutes later and completely fool the pants off of them with that same TT---painted bright red. Pros have nothing to fear from the "exposure" of a Fantasma, Mark Wilson, Tarbell or any other magic set. Hence, no ethics issue that is within our control.

My opinion,
Let the joust begin!
Skip

Thank you both for this post. I've been thinking of a give-away for kids parties using the "What's Next" or is it "Dots Next?" trick. My idea is to have cards printed up with just the two spots and five spots. Give these out to the kids and then using the gimmicked board myself teach them the basic handling of the board. But of course mine has the funny business as I show them.

I really wondered if this was okay. I'm not showing them how my board works but they can still do the basic moves with theirs. I figure I could have my name and number running along the side of the cards I give out too. I think it's important to have the kids take something home with them that they can show their family and friends. But I don't want to break the cardinal rule of exposing tricks.

Skip, I think I'll pursue this idea and not feel guilty about it.

Ah, but wait, Wolf! We've yet to hear from the "Died in the Wool", "Anyone who exposes Anything should be Cast Forthwith into the Bowels of Purgatory for All Eternity" and "What the H are you thinking?!" Purists!

Put on your Sunday Best, Flame Retardant Joan of Arc jammies and stand back. The flaming should begin any moment now. Not that this will ever change my thoughts on this issue, mind you. Sounds like you have a good idea there, Wolf!

Skip

Hi Braxton:

I don't think you should have any concerns about your Spot Card idea; you can find the basic Spot Card (without the funny business) in many public domain books. The Spot Card does have a problem in that it is very hard for kids to do. I've tried it in workshops and kids really cannot get the hang of where to put there hands when turning it over each time.

Ron

Back to fiery bowels of Heck, you dastardly evildoers!!! flame, flame, FLAME!!!!!
Ok, now that that's out of the way....
I'm in my office in my jammies right now (Is'nt it quant, I start every morning over coffee, bread and the magic Café!) and to my right, on one of my many over-stuffed shelves in my office are two copies of "Blackstones Secrets of Magic" from the early part of the last century (one has a great cover featuring a skeleton pulling back a curain with bats flying out...very roaring 20's!). Next to that is a signed copy of Mark Wilson's Complete Course in Magic, then there's my signed copy of Harry Anderson & Caveney's "Wise Guy" (loaded with great tricks), then there are my favorite magic books, those on Flosso, Malini and Dai Vernon...not to mention Bobo's coin bible.....and countless more (over 300 books and counting). The Blackstone books were intentionally printed for the public for sheer marketing. The secrets are rather "misguiding" in some very important ways, however, some of the information is great (especially if one can read between the lines).
All these books are intended for the public domain.
How else can we learn from the masters of the past? Have a seance?
St. Peter:"I'm sorry, Blackstone's been arguing about a missing trunk with Houdini all morning and is unavailable..."
And what's really amazing...I've had friends growing up that got magic books and kits as gifts, and those items just SAT in their rooms. I could show them the linking rings and they'd be baffled...while the secret was literally lying a few feet from them! To a large extent, the public is too lazy to find out our secrets, even with all the great books, kits and dvd's...
What's more...we know what the biggest secret is of all...don't we?
There are so many more important secrets we keep from the public than those few the general public ever see. As for those who genuinely want to learn magic, it's great that those "publicly" released books and materials are out there.
I take the rule as more to mean willfully exposing to the masses, say during a performance where hundreds, maybe thousands or millions, are let into how a major secret, perhaps a legendary secret is accomplished.
Take the masked magician, for example..."and here's how, WORLD, we make it look like we're sawing a lady in two..."
It's not done as an attempt at valid education for aspiring magicians...it's just a mean destruction of an art form.
Some argue that the Masked Magician is good for our art, some argue against this...
I believe this rule applies to the mean and willful destruction or our art as in the example of the Masked Magician above...or for those who want to be "cool" and show how the trick is done for their friends...who tell their friends..who tell their friends....

Chris

There is no worry in giving away a magic set to a child.
No one can perform half of the junk in them and the other half breaks, is lost in a nostril, or swallowed before the week is up!

I often have to deal with issues like this whenever I draft a legal contract in the course of my day job. From a legal perspective, the key issue is the wrongful disclosure or use of confidential information. So, the question then becomes "What constitutes confidential information?" Generally speaking, if something is already readily available as part of the public domain, it is no longer considered confidential information that is subject to legal protection.

Relating this back to the field of magic, if the secret to a magic trick can be found as readily as in your local public library, it's probably considered part of the public domain and not subject to the rigorous protections otherwise afforded to confidential information. All of the tricks I teach in my magic classes are tricks found within the public domain.

But if you take this one step beyond the public library, an interesting issue does arise. What is the difference between a magic kit sold at Toys r Us and a magic trick sold at your local magic shop? Both are available to the general public. Both only require an outlay of cash to purchase. Is it any more acceptable to expose a trick from a Toys r Us trick than it is to expose a trick from the magic shop? I don't have the answer to that one, but it does seem to be one of those "slippery slope" type questions that you often find in an ethics class.

As for me, I don't expose the tricks contained in magic kits (unless they can also be found in a book at the public library). I do, however, give those kits away as gifts. To me (and admittedly, this is a fine distinction), this does not constitute exposure. It is no different than a lay person going into a magic store and purchasing a card trick for a friend.

Anyways, that's how I tend to approach this thorny issue.

Kent

very funny... you obviously know kids (and magic sets)

If it's published in a magic book that has in its title, 102 E-Z Magic Tricks. Teach away! You have nothing to worry about.

Derrick

Just because it is public domain does not make it fine to expose. At one time someone broke the code and that is why it is a public domain. Ethics and the law are two separate things.

Exactly when does a person go from being "public" to being someone who practices magic? If the public cannot know a trick, than how will we get new magicians?

If a magician performs a trick poorly, just once, and exposes it to an audience - it he/she unethical? Can we have bad days?

What about collectors who do not practice magic?

How is selling magic at a magic shop or online different than at Barnes & Noble? Is that not open to the public?

There is a a difference between exposure to teach and gain interest in magic as opposed to exposure that exploits magic to the mere curious.

There is a difference between exposing a routine that is decades old as opposed to something new.

Ethics will always be different for different people, and different for the same people at different times of their lives. People think think they share an ethical base with everyone else in the way that if I hold up a rock, everyone will see the same thing, just at different perspectives. The problem is ethics are not real, like say a rock. I can define a rock in a way that is pretty universal. Ethics are ideas, and are much more slippery. People can ethically justify anything. - Really, how many people do you know that consider themselves unethical? Now how many people do you know that YOU believe are unethical? Do the numbers match?

This is the age of information. Tricks are being exposed all the time. Thankfully, the public is very forgetful. Unfortunately, so am I.

Yes, Marvello. My first magic trick at age 5 was the "vanishing rubber band" trick, where you swallow it and it ends up in your pocket. Only, it did not ever show up in my pocket. Neither did my "vanishing gold locket". I remember them well because of the time spent at the emergency room. Years later, my daughter vanished things from her magic set in her nose and ears! Yep, I know magic sets!

As for exposure, no one likes it. Yes, it is unethical. I do not like to see "good tricks" given away. The frustrating little "E-Z magic" sets, where the only useful thing is the box it came in is fine by me!

If you search amazon.com for "magic sets" you will be shocked. They have many things children's magicians ordinarily use: T***b T*p, magic coloring book, break-away wand, professor's nightmare, wand to flower, Professional cups and balls, egg bag, chinese linking rings, sponge balls and more.

Something to ponder: With give-aways, you do run the liability risk of having a child stuff a paddle trick up her cute little nose or a younger sibling choking on a tiny ball.

Why take the risk? Give them a great show and they should be more than happy! Let their parents buy the magic.

I think a lot of people use magic tricks and gift packages to upsell their show. For a few bucks you can toss together a "magic set" with your name or an autographed picture on/in it and sell it for a lot more. It works because people like stuff in neat little packages - the more services you can effectively provide the more interesting you become to your clients, even if they need to pay extra for those services, or even if they don't use those extra services. The fact that they are available indicates that you can provide a complete package deal if they are interested for their party or event. I am surprised you don't sell an "Official Autumn Morning Star Magic Set" I don't think that the whole magic fraternity will crumble if I sell/give away a ball & vase and a sliding coin drawer or an imp bottle to little susie or little jimmy or their friends on their birthday (though on second thought an imp bottle may be too chokey).

I was sitting in the audience of a public magic show at a (magic) convention last night, at a local theatre.

Around me were some magicians doing tricks with cards, handcuffs, rope to silk, d'lites, a drawer box, and a ball vase. They were showing off to the spectators around them, before the show began and at intermission. There was more exposure done in those few moments, than in giving away or selling magic tricks or activity books containing teach-a-tricks.

Beyond the fact of whether it is morally right to perform at someone else's show, there was quite a bit of exposure from bad performances, handing out of props (that weren't examinable), and re-setting props in front of "the audience". That exposure was of greater concern to me.

Before these unsolicited "performances" began, not everyone knew the methods. Afterwards, that's a different story.

In the case of magic kits or books, people have to intentionally play with the props, or read about it, to learn to do it. And the customer's intention usually is to learn for the purpose of performing for a friend. (Not always, but usually.)

A little different from exposure for the sake of exposure.

- Donald

P.S. The magicians that were supposed to be performing, on stage, were exceptional, and were not exposing methods.

This is my two cents,

ethics (exposure) is a funny thing, I doubt we will get 100% honesty here.

How many of you have asked a friend to show you how a trick worked that you have not purchased? Just beacause you perform magic does not give you the right to know. I am guilty.

How many of you have asked a friend to copy a transcript for you? Just beacause you perform magic does not give yoou the right to do so. I am guilty

How many of you have copied a trcks method after learning how to do it, without having to pay for it? Just beacause you perform magic does not give yoou the right to do so. I am guilty.

How many of you have used music in a public venue ( a birthday party while not open to the public is still a public event and subject to copyright laws of music and royalties, to the best of my knowledge)and not paid royalties? While this is not exposue it is related to ethics. I am guilty

Before you blast me for being unethical, question everything about yourself. Being more ethical than me and still guilty of any of the quuestions above is akin to a one time murderer saying he is better than Ted Bundy because he only killed one.

I also want to say I hate how magic company X gets blasted for copying a trick with slight modifications, but others get high praise. Should not the standard be the same.? I will not mention the name or examples here as they would be edited anyway but if you PM me I will give you the names and examples I am reffering to.


TGS

thegreatsantani:

First I would like to point out that being legal or illegal has nothing to do with being ethical or not. While I personally see no problem using copyrighted music at a show, I would like to address the legalities.

While I generally agree with you, this part is not accurate, at least here in the US. No copyright laws are broken by you if you play music at a birthday party. It is a private party, much like a DJ does not break any laws at a wedding.

I would be surprised if anyone here paid music royalties. The music copyright law here in the US & BMI are not set up for us or other performers.

Generally, when copyright laws are broken with music, it has nothing to do with a public or private event, but if the individuals are paying to be there. Thus, music at a restaurant is subject to paying royalties, while at a birthday party, it is not. Also, bringing your boom box to the beach, where anyone can hear the latest 50-Cent is public, but not illegal.

If you have a show that uses copyright music, and individuals pay too see it, it is still probably not your responsibility to pay royalties, it is the venues. If you are hired to do a show at a public paying event, it is either the people who hired you or the venue’s responsibility to pay the royalties. BMI has blanket policies for the playing of music, and venues play a flat fee which is distributed among all the artists.

Copyright law is complex, and ever-changing, but as magicians, unless our show is being publicly aired, or you are making a recording for the public, the use of copyrighted music is generally fine - so go feel guilty over something else! *G*

Just as a though, What about a coloring page, that when sent in, sort of like aq contest, could obtain a prize of a discount for a future show for mom or dad booking? se;ecting one or two every quarter or 6 months.
I say this only as I recall doing a coloring contest at a local resteraunt a few years back- they only had two classes, uner 16 and over- (I am considerable over 16!) so I entered- The page had a top hat and bowtie, you were supposed to draw a "dad" picture for fathers day.

I simply turned it over- as the only time I ever saw my dad with a hat not part of his uniform, was when he did magic for me, so it was dad's front, to the bowtie, and gloved hands with a rabbit in the hat!- Hey it won dinner for two!
Anyway, something the children could take home, work on, and mom and dad could send in for a chance at a discount- at least it could work for residual advertising on the ol' fridge.
k

Thank-You all for your help!