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The Magic Cafe Forum Index » » For the record » » Tommy Wonder's estate (0 Likes) Printer Friendly Version

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TStone
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Donal Chayce
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TStone
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Bill Palmer
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The moral of this is very simple. If you don't want to have conflict, get it in writing.

This is not just a matter of what happens in the magic business, but it also happens in the music business.

A friend of mine was given the rights to several unpublished pieces of music that Jimmy Driftwood had composed. She has a recording of Jimmy singing these pieces, and on the recording, he gives her the rights to the songs.

Unfortunately, even a recording of an oral contract is not considered legal proof. Her husband was present at the time, but since he does not qualify as an uninterested third party, his testimony will not hold up in court.

All it would have taken would have been 5 cents worth of paper, an envelope and a 37 cent stamp, and the conflict would not exist.

BTW, as a person in the publishing business, let me also point out that trying to settle these issues from the Netherlands may prove to be a much more difficult thing than Mr. Bemelman imagines. In order to file a suit on Losander, he may have to produce paperwork that proves that there were limitations to the "contract" between Losander and Tommy Wonder. The same is true of A-1 Multimedia.


Everyone -- please learn by this example.
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TStone
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On 2009-04-29 17:55, Bill Palmer wrote:
BTW, as a person in the publishing business, let me also point out that trying to settle these issues from the Netherlands may prove to be a much more difficult thing than Mr. Bemelman imagines.

Yes, a lot of difficult questions. If Losander still was a german citizen when the agreement was done, then do they follow dutch/german rules now, or dutch/american rules?
As the tables are made in germany (I believe), Frank could possibly avoid the american copyright nightmare altogether, and go for the manufacturer rather than the distributor. Always messy when dealing with so many different kinds of legal systems.
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It doesn't make much difference, actually, because all the nations concerned are signatory to the Berne accord. I will PM you about this. Once I do, I think you will see the problems of discussing this further on the forum.
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TStone
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On 2009-04-29 20:23, Bill Palmer wrote:
because all the nations concerned are signatory to the Berne accord.

At first glance, it looks like that. But US signed the Berne accord in the 1980's with so many reservations, that it appears as if nothing really changed. A pretense, more than a commitment.
Similar to when US signed the Metric convention 100+ years ago.
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That's not completely accurate, Tom. The Uruguay Rounds of 1994 took care of most of the reservations, if not all of them. I believe that most of the reservations had to do with copyrights in iron curtain countries. That's a non-issue now.
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TStone
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I'll read up on the Uruguay Rounds. Thanks!
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Donal Chayce
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Well done, Tom.
:applause: Smile Smile
Bill Palmer
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Tom really went out of his way to take care of this problem.

I agree with Donal's applause.
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jusakarman
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So this is conflict beetwen tommy and the publisher right...hm I have no idea about this conflict..this is illegal or not or whatever....

but one thig I say abut tommy wonder creation, "WONDERFUL"
"for those magicians who place magic above comfort and reward" from book of wonder by Tommy Wonder (November 29, 1953 - June 26, 2006) ........
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It has been resolved. However, if you go to the Magic Auction site, the Ring, Watch and Wallet has resurfaced. Now, the seller states that it was made specifically for him according to the instructions in the Books of Wonder. Who told him to do that?
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Bill Palmer
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Here is a follow up. One of the first in a series of authorized Tommy Wonder releases has been debuted at the World Magic Seminar. This is one that was not in the Books of Wonder. This was the last trick Tommy designed.

It is called "The Wandering Chimes." It is a version of Chink-A-Chink that features four small bells or chimes, about the same diameter as a half dollar and about 2 cm high. These were made by Auke van Dokkum, under agreement with Frank Bemelman.

The construction makes the use of a shell absolutely out of the question...or so one might think. They look very simple, but are quite complex. The nice thing is that at the end of the routine, the gilpins can play with them to their hearts' content, and not see a single thing. You start with four chimes, and you end with four chimes.

I saw the prototype of these in 2006, and they were really nice.
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Jonathan Townsend
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Bill, how do they compare to the Tony Van Rhe chinka-chinka's from way back when?

Oh, and as chimes do they make a nice sound?
...to all the coins I've dropped here
Bill Palmer
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They are larger than Tonny Van Rhee's chinkas. they are not particularly great chimes, because they are really not easy to hold and tinkle together. I'm working on how to get the best sound out of them.

These use a completely different mechanism to accomplish their goal.

I'll have some photos up.

I should add that they are much easier to grip than any of the others I have seen. I had a set of Taytelbaum chinkas at one time, which were very similar to the Van Rhee chinkas. They required a bit different way of working.
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fortasse
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I recently bought a set of these from Auke van Dokkum to add to my collection. I had been waiting a long time for them to come to market. I really like them. They're very well made, as Bill says. The design is really deceptive. Actually, I find them rather easy to grip although Bill's experience seems to be different in this regard. I guess it depends on the size of your hands. I agree that the chiming part of it needs to be worked on. The sound is more akin to the chinks simply bumping against each other...not exactly a chime! Perphaps the next production run can address this (perhaps by making the brass even thinner - who knows?).

All in all, however, I'm really pleased with this new set. It's a well-thought out example of the kind of superb craftsmanship we have all come to expect from Auke....and, of course, it's a wonderful tribute to the inspirational force behind it and one of the great icons of modern magic, the late Tommy Wonder.

Fortasse
Bill Palmer
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Actually, I find them easier to grip for the working part of the routine than the Van Rhee or the Taytelbaum Chinkas. The only gripping problem I had was when I tried to hold them by the little knobs on the tops to chime them together. That didn't work well.
"The Swatter"

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fortasse
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The really distinctive feature of the van rhree set is that it allows you to finish absolutely clean without having to put anything away. It's completely undetectable, isn't it? A spectator can look at it and shake it all he wants and never notice anything amiss. Having said that, I agree they're hard to hold. They should have been made a bit wider and shorter, in my view. Still, I think this one has the most ingenious working of all the chink-a-chink sets I've seen. Really, really clever!

As for the Taytelbaum set, beautifully designed and superbly (and deceptively) constructed. In fact, until my custom-made sterling silver bottle caps came along, these were actually my favourite but I agree that the handling is a bit of a challenge.

There's a nice set I got a couple of months back by special order from Francois Danis and another vintage set made of brass and wood by the Australian "Alma" magic company.

I also recently bought the new set that Haydn (School for Scoundrels) came out with, made by Jim Riser. Again, superbly made (as is everything by Riser) but in my view way too heavy! Unless you're sliding them around, chinkas should generally be as light as you can make them. But I guess with the concept and storyline that Haydn put together, he needed them to be true weights. Mind you, he and Ed Parrish each handle the set like a dream on the video that accompanies the set so I guess it works for some.

Fortasse
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