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The Magic Cafe Forum Index » » Right or Wrong? » » Tommy Wonder (0 Likes) Printer Friendly Version

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Bill Palmer
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Quote:
On 2009-01-16 07:27, matthew wright wrote:
Quote:
On 2008-06-06 00:08, Carducci wrote:

TW reserved all commercial manufacturing rights, and this is made clear in the books. It is likely that you will never be able to buy these things off the shelf (which I believe is a good thing) If you own the books, you have the right to build (or have built) these props for yourself.

This is an old thread but this quote relates to a question I have. It is purley theoretical so please don't attack me with morals.
If you own the books (or I guess DVDs) you are allowed make the effect yourself or to have someone make the effect for you? That doesn't seem a million miles away from buying the effect.
What if a manufacturer made the effect and included a copy of the book with the purchase?
Or what if the effects were made to order? A prop builder advertised the prop but before he started to build it he sent you a copy of the book?
It seems like a very grey area to me.

If any manufacturer started advertising that he would make these things to order, including a copy of the book with it, the Bemelman family (Tommy Wonder's family) would be very displeased and would take whatever action they felt was appropriate. Similar ideas have been tried and have been met with great resistance from those who are involved in protecting this material.

There is a machinist in the Netherlands who is working with the Bemelmans to produce some of Tommy's material.
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Matthew Wright
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Thank you Bill,
That clears things up nicely.
Bill Palmer
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I had decided to edit my original post, but your answer hit before I could finish.

The scenario you describe with the nest of boxes makes me think of a neo-Jesuit logic exercise! Smile

One of the main factors is that if you put the name of a person on a product you are selling, you generally need permission from that person or his/her estate to do so. This normally involves some kind of compensation.

Brett Sherwood did this with his engraved silver cups, even though he did not call them "Dai Vernon Cups" or copy the engraving on Vernon's cups. He ended up selling more cups, I think, because he had permission.

Of course, once a performer or creator of something has been dead for half a century or so, it's not as big an issue.
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Lawrence O
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Let's remind that Tommy was both a very intelligent craftsman but also a deep thinker in presentations. He could spend years in thinking about the way to present a prop he had invented, and I know for a fact that for some he never found the way.

Tommy, as a friend, gave me several props he was using, as a gratitude for ideas we had exchanged which he echoed in some very small parts of his books: the idea to sell them or even having them manufactured would be outrageous to a friendship which ended too soon. Some of his tricks however are using standard props (Mene Teckel decks, magician wax...) so let's not become religious. Tommy just didn't want to have to show his own effects to people who would have seen them performed by others (well or poorly).
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rickmagic1
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Lawrence, your post made me think about the fact that we should all learn this bit from Tommy (if we can): take standard pieces, like Mene Teckel decks and magician's wax, and use/modify them to serve our purposes.

Now that my regular performing season is over, I'm going back through the books and videos again now to study how Tommy thought on these kinds of things and see how I might begin to think in a similar manner.
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Lawrence O
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Quote:
On 2009-01-17 16:46, rickmagic1 wrote:
Lawrence, your post made me think about the fact that we should all learn this bit from Tommy (if we can): take standard pieces, like Mene Teckel decks and magician's wax, and use/modify them to serve our purposes.

Now that my regular performing season is over, I'm going back through the books and videos again now to study how Tommy thought on these kinds of things and see how I might begin to think in a similar manner.


Seems to me to be the way to go. Don't restrict yourself to the few tools Tommy used, our drawers and magic shops are full of existing very smart tools. Extending your culture and understanding how to combine, originally, existing means is the way to go. What Tommy had (as well) is an accute ability to observe the mental processes of various audiences. Don't miss this when you read him.
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joseph
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Quote:
On 2009-01-17 14:57, Lawrence O wrote:
Let's remind that Tommy was both a very intelligent craftsman but also a deep thinker in presentations. He could spend years in thinking about the way to present a prop he had invented, and I know for a fact that for some he never found the way.


I would say his thinking approached automaton design level... Smile ...
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TStone
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Quote:
On 2009-01-16 16:57, Andrew Musgrave wrote:
I believe apparatus might fall into the category of patentable items. (I think, anyway)

No. The patent laws in Europe are different than in the US. Can't patent anything else than scientific and industrial innovations over here.

Instead, this falls under copyright, and according to the Berne convention (which US signed in the 80's), any dispute will follow the laws of the originator's country - in this case Dutch copyright law.... Which was stated in the preface of the books: "The legal domicile will be Amsterdam".

It is a bit unfair, perhaps, but the copyright protection is, in some ways, much stronger for european artists than for american artists.
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