Hi everybody, just a quick review. Yesterday, I've performed Richard Osterlind Glass of water production in front of 700 peoples (plus lot of more tricks). It is the fourth times that I perform it and let me tell you that it is a really great effect with a very great reaction from everybody.
I hightly recommand this one.

Johnny

Do you have to pay richard any fees for using his effect in your show ?

When you buy a DVD or book, you have the complete rights to use that material in your show. The only place where there may be a question is using the material on television (or perhaps a motion picture). I really don't know a lot about that, but have been told there are other releases necessary if you are going to. Personally, I know my material has been used quite a bit on TV by other entertainers and I was never approached before hand. I always considered it an honor. Maybe someone else can shed some light on this subject?

Richard

Indeed, if you pay for a DVD that a magician is selling on the open market, then you have the right to use that effect however and where ever you like, surely.

As long as the magician reveals the method, that is.

partially inncorect.

That is only if performance rights are included on the DVD(99% of the time they are).

However, I could release a DVD that teaches material and forbids you from performing it for anyone, or just that you can't perform it on TV, or in my home state, or out of the coutry, ect...

But all rights must be known before buying, since these days performance rights are considered to be the norm....

"However, I could release a DVD that teaches material and forbids you from performing it for anyone, or just that you can't perform it on TV, or in my home state, or out of the coutry, ect..."
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Not quite! If you sell a DVD that teaches the method then the buyer has EVERY right to perform that material whenever he wishes for whomever he wishes. (Television & Movie excluded)By the very fact that you provided an explanation, you intended for the purchaser to learn the material, thus be able to perform it. Why would you teach someone a method, and them not be able to perform it? Or why woukld they buy it under those conditions?

Your statement would hold water if you only provided a performance, not a method.

Umm...I tend to think that the inventor can legitimately restrict the use of his method. For example it would be perfectly reasonable to prevent a buyer from performing the trick in the same market (maybe a city, maybe a country) that the inventor himself performs in. Regional liscencing of intellectual property rights is not uncommon. There is a caveat to this though, if the seller did not expressly reserve those performance rights before the transaction, prima facie the buyer can perform the trick wherever he wants. After all, as sbays pointed out why teach someone a trick if you did not intend him to have the right to perform it? The presumption must be that there is unrestricted right of performance, subject to any express reservation (the seller can impose any restriction he desires) by the seller before the purchase. If the buyer is not happy wiht that, don't buy it.

The same applies for manufacturing rights of props. If you taught us how the prop is constructed, it is presumed that we can make it and even sell it unless you restrict us from doing that (although the trade practice in magic is that manufacturing rights are impliedly reserved most of the time). This must be contrasted with the case where a trick is purchased -- in this situation what you are purchasing is the gimmick and the know how as to the operation of the gimmick. You are not purchasing the know how of how to make the gimmick and therefore not entitled to reproduce them.

Tony

Not so... the tape could be about magic theory, and the explanation of the effect is there to show you reasons that each step and method was used, to explain the theory behind it.

Or it could be a tape just to show you how another performs, but just to satisfy your curiosity, the effect is explained.

I don't know why people would buy it, but if I sell a DVD with performance and method and say "Purchasing this DVD grants no performance rights and the purchaser has absolutly no rights to perform material there-in for any person at any venue", then I am going to have serious issues with anyone performing anything off the tape.

What we are talking here are ethical issues, as performance rights aren't protected by law.(perhaps in a civil court, if you got the right jury)

While it may be the norm for DVD with methods to come bundled with performance rights, there is nothing limiting the creator from not giving out performance rights if they so choose.

My statement hold water as long as we are working under the assumption that the creator "owns" their creation and can give out rights however they so choose, provided they notify purchasers beforehand.

I agree, it's a good, entertaining magic trick and I'm glad for you that the audience enjoyed your performance of it!
Does your act focus more on magic (which I'm sensing it does) or mentalism, or do you try to combine equal amounts of both?
The reason I ask is because, although a nice magic trick, I was a bit surprised by its inclusion in Osterlind's "Mind" series because it's a series purportedly focusing on mentalism.

I have paid for the DVD where he shows this effect. Why are you asking this question?

Johnny

In regards to the actual effect, does anyone have any tips on weight?


I haven't done this in a paid show, because the last 3 times I have practiced this, the spectators have noticed a "weight" right before the production.

I don't think this would be a problem at a more formal show as they probably wouldn't have the guts to speak up, but at the same time I wonder what I am doing wrong, as Richard says they shouldn't be able to tell.

The effect has gone over great because even if they feel it, it is so late in the routine that it is still a fooler, but I would rather get rid of the weight problem before putting this into a show.


Any Tips?

On 2005-02-19 09:00, mattisdx wrote:
Do you have to pay richard any fees for using his effect in your show ?

I own the DVD series as well and NO he doesn't have to pay Richard anything to use this effect. Richard has cleary stated this on other post on the Café.

In fact, I don't see any reason to pay anyone any fees for a performance one purchases on a DVD. Im not talking of a show, Im talking about a performance/explanation DVD. Why would anyone want a DVD with explanations if they weren't interested in performing the effect? That would be like telling someone how you do a trick when they ask how is it done. Why do you want to know how I do it? Oh, just curious. My magic has just become a simple puzzle.

I love to ramble:)

I have an early tape with Richard performing this and loved it. Very cleanly produced brimmingly full glass of water. Good stuff...

Paul h.