I am curious of one aspect of this debate. With any effect I own, I bought the secret from anywhere from $5 to a few hundred dollars, which I thought consituted the right to use the gimmick/secret and perform the effect.

I also assume that since "The magicians code" states that secrets should not be revealed to a layman, that the creator selling the product recognizes their customers as magicians and therefore would expect someone who bought the effect to be performing it.

Even with music, when you pay ASCAP, BMI, etc. royalties, you are paying for the right to "perform" the music, regardless of if your performing it for 100 people on stage or 1 million people on TV.

If dealers are advertising the product "As performed by David Blaine", then they have the right to do so IF David Blaine has performed the effect. They have the right to say performed by Jaypoc also, but I don't think that would hold much weight except to a few of my friends and acquiaintances.

I think if anyone is approached or sued for misusing the effect it should be dealers who are selling the product who are not licensed to do so. If they didn't buy the gimmick/prop from the copyright holder or manufactured the same prop despite the copyright, they they are the ones who have violated the law anxd should be pursued.

Yes Mike, and the internet creates a new challege for some of us; to establish that we are trustworthy and will respect other people's secrets. This would permit folks from all over the place to collaborate freely over great distances and without ever meeting in person, all based upon trust.

hmm I begin to sense an ebaY feedback type thing in our future.

Sorry for digging up an old thread, but this issue has been on my mind, so I've been doing some research and contacting a couple IP attorney friends. Sometimes I find the "business" side of magic laughable. Lately, I've noticed some effects that are advertised as withholding TV performance rights. Something struck me initially as being "off" about that idea, and I wondered if this practice was based on real copyright law or if it was just another "trick."

Well, validating my assumption, this whole notion is unfounded. The only property that even has inherent performance rights, let alone television performance rights, is copyrightable intellectual property. "Devices" (gimmicks) are patentable, but not copyrightable. "Secrets," likewise, do not fall under copyright protection. Licensing for patents has to do with manufacturing, not performance. Why can't TV show certain "devices" on TV (e.g. Coca Cola, etc..)? Well, that's trademarking... another aspect of IP protection that does not apply to magic effects.

Some might say that the "presentation and appearance" of the effect is what is copyrightable... nope, not unless it's in a hard-copy form (written or recorded audio/visual) that is DIRECTLY copied (I'm talking like almost word for word). The only thing that can be copyrighted are what is concrete about the material. This includes words, music, and other tangible thoughts. "Presentational style" or "effect" is not concrete enough to be copyrighted. "Patter" would be! But I don't think anyone disputes that.

Maybe time would be better spent working with congress to develop copyright law to include these issues... instead of assuming it already exists. It will never fly though. A moderate understanding of international copyright law will be enough to see why. Let's educate ourselves!

Excuse me?!? Last I saw he was a legit millionaire. I'd call that rich.

So, I guess nothing ever came of this lawsuit?

According to the last three Forbes lists DC still grosses around fifty million a year.

50 Million Dollars a year is NOT A RICH GUY?

Yeah, but is he happy???

Copperfield?

Even if he was sad, the 50 Million a year would give him more options to relieve himself off of his sadness...

Like with helping kids... His Project Magic that teaches Magic and rehabilitates injured kids and adults at the same time, for instance... Spend some time there and it'll bring a smile to his face...

And he is living his dream and passion of doing Magic and being one of the best at it nonetheless...

Life has it's ups and downs for all of else regardless... But hey, gimme just 10 Million and I'll not only make myself happy but the people around me too...

It was meant to be a joke, Pakar, a joke. I think he is VERY happy, and more power to him! He has elevated magic to a whole new level and we all should thank him...

I guess the jokes on me then!

Well, I apologize if it felt that way. It was meant to be a "toss out", just a chuckle in its own right, like "yeah, he's rich, handsome, married to a gorgeous model and famous, but is he happy?" Fudgin' A!

I watched a program about his charity work, and it seems he puts a lot into it. Really neat!

Regards,

Jim

NOW WE'VE COME FULL CIRCLE BECAUSE MY LAST POST WAS ALSO MEANT TO BE A JOKE!

Good one, Pakar! Or was that a joke about the joke? I'm getting confused! Jim