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mndude Special user 880 Posts 
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One of my favorite tricks ever was SloMotion. Mine broke, I would be glad to pay well for a replacement. Sadly, like many tricks, this one is no longer manufactured.
Is it unmoral to make for myself a similar gimmick that rotates life savers? |
Jerry Hornak Regular user Northwest Connecticut 132 Posts
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I don't see how it would be.
You paid for the original prop, used it until it broke, and would most probably buy a new one if available. I bought a small flap-box, to switch 15 lamp chain links for a linked chain, and used it for over 30 years. I repainted it when it was needed and kept it in the top five rotation of my birthday child/single helper routines all that time. It disappeared after a Christmas show one year. I still have no idea what happened to it but it was gone, along with a stretching magic wand. By that time, those two props were no longer being made. With such an important part they played in my shows, I would have happily paid double to replace them quickly but they were long out of stock everywhere. They always say what you're paying for is the secret, so I felt completely justified in rebuilding the two of them from scratch. I was, after all, very familiar with them and re-made them from memory. My flap box was a smidge too small, and my stretch wand shell a smidge too thick, but no one noticed or, with the routines I used, would even care. So if you can make a new one, I say go for it! If you wanted to make and start selling them to others, that might be another story. I'll be interested to hear what others think as well.
Making Happy Memories for Children since 1980!
https://JerrysMagic.com |
Dan Ford Special user Illinois 754 Posts
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Good answer Jerry, I would agree with what you said.
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funsway Inner circle old things in new ways - new things in old ways 9987 Posts
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I have several props mad ein the 40's by magicians who could not afford the real thing, for example a Foo Can made from fruit juice can.
As a teenager I made many of my own props like DrumHead tube out of a Quaker Oatmeal box. Even at Conventions, no one said a word about not being able to use your own props inspired by marketed ones, or learned from books. Just don't try to sell one, however. That could be a problem. And if you publish an effect using one try and give credit for the marketed one. But personal use? Go for it.
"the more one pretends at magic, the more awe and wonder will be found in real life." Arnold Furst
eBooks at https://www.lybrary.com/ken-muller-m-579928.html questions at ken@eversway.com |
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Deckstacker Elite user Sunny SoCal 442 Posts
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After surfing the 'Net exhaustively and posting unsuccessful WTB's twice here on the Café for Charles Gauci's 'Body Language,' I visited my local craft store and subsequently created several hand-painted wooden balls, which I combined with a drawstring bag and the 'special' ball from my original Gauci 'Eye to Eye' set (purchased from tomladshawmagic.com) to make a homemade version of Body Language for my personal use. The result was functional if not elegant, and while I remain eager to purchase an original BL in decent condition should one ever become available, my itch to own same has largely been scratched, and I've been able to move on to other things.
Never try to teach a pig how to sing. You will waste your time, and it annoys the pig.
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MysteroMagic New user 45 Posts
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There seems to be an opportunity to make new old props, gaffs, etc. Reach out to old manufacture to get rights to manufacture and start building. Easy! Ha. I guess it would depend upon ease of making prop and how profitable it would be. Listening to Dave Bonsal at Propdog gives one an idea of all the headaches associated with making magic props, as well as, being ripped off by the clone makers. Just my two cents.
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Deckstacker Elite user Sunny SoCal 442 Posts
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MysteroMagic -- I believe that the consensus here seems to have drifted toward this: Fashioning DC'd props for personal use = mostly okay; doing so for resale = probably not really okay. We will, of course, all have our own takeaways concerning this issue.
Never try to teach a pig how to sing. You will waste your time, and it annoys the pig.
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jim ferguson Veteran user Ayrshire, Scotland 386 Posts
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If you have already purchased the original, and are making a new one for your own personal use, then there is no problem.
If it's something you've never purchased, then you have no right to perform it or make the prop for this purpose (I'm not talking generic things here like a foo-can or making your own tt). Unless of course you have permission from the creator. Jim |
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MysteroMagic New user 45 Posts
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Quote:
On Dec 21, 2021, funsway wrote: I’m in full agreement. |
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Deckstacker Elite user Sunny SoCal 442 Posts
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Quote:
On Mar 15, 2022, MysteroMagic wrote: Megadittoes!
Never try to teach a pig how to sing. You will waste your time, and it annoys the pig.
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Jean André New user Metz 65 Posts
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If a magic effect has been released by the creator in a book (or magazine) or on video , I believe it is expected that the purchaser of the book or video is within their rights to make and perform the effect for themselves. Often the creator of the effect will emphasize the caveat: "Manufacturing rights reserved" , so you may not manufacture and sell the item in direct competition with the originator. However, to build the gimmick or apparatus for your own use is no problem.
In the case of a "discontinued" item, I think if the originator or their heirs are not manufacturing the item and you know how it is done and you have the skills to make it for yourself , there is also no problem. You're not competing with anyone and not robbing anyone of their due recompense . Again, I do not know if this necessarily allows for manufacturing the item. Technically someone may still own the manufacturing rights (even if they never intend to manufacture it again). |
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disbelief New user 50 Posts
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I do not see a problem with this as long as it’s for personal use and you are not selling it
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Tom Cutts Staff Northern CA 5930 Posts
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Quote:
On Mar 18, 2022, Jean André wrote: Your choice of words may mislead some. The state of still in manufacture or not has nothing to do with the issue. Your other points are the meat of the equation. There is likely a statute to repair a broken item or rebuild for personal use your own with changes you will almost definitely make out of necessity. The “Its out of production so I’m not denying anyone line is inaccurate and often twisted to valid “just a small run for friends… and club members… and people on The Café… and… and… and…. 
The operative mechanisms are: He owns the original and it is now nonfunctional. The item is not in production nor readily available. He is making one for personal use only. |
| The Magic Cafe Forum Index » » Right or Wrong? » » Is it wrong to recreate a discontinued gimmick for yourself? (11 Likes) | |
Posted: Dec 20, 2021 02:59 pm 
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