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Bryan Gilles Inner circle Northern California 1732 Posts |
How do I copyright a new illusion or idea? I have a new passing through a large fan idea that I don't believe has been done yet...I would like to own the rights so I can send the idea out and have someone build it or perform it in their own show....
Magically, Bryan - Gilles Galaxies MAgical Productions |
KerryJK Special user Northampton UK 621 Posts |
A mere idea is worth nothing in terms of copyright, it needs to be put in tangible form which involves skill and effort before you can own it (these are the requirements I was taught at college when learning about copyright law). So properly research and write up detailed notes/instructions and if possible build a scale model prototype.
Here in the UK copyright automatically exists once an original work meeting the requirements of a tangible form requiring skill and effort is created, so you have to be able to demonstrate you had it first; keep all your notes, date them and post them to yourself via registered mail to have a copy sealed with a third party datestamp. In the US I think you have to jump through a few more official hoops, but there'll be others here who can help you with that. |
Starrpower Inner circle 4070 Posts |
As I understand it, a working model is not necessary to obtain a copyright. But, the services of a good copyright attorney is probably the best place to start.
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KerryJK Special user Northampton UK 621 Posts |
Another reason for having a prototype if possible, and at least a full workable design plan, is twofold. First, who in the world is going to pay for the priviledge of doing all the legwork on someone else's idea? I don't know if the same applies in magic as in other businesses (I assume it does) but many companies these days have a policy of sending unsolicted submissions unopened to the their legal departments in case they turn out to contain ideas similar to ones they're already working on independently.
Secondly, if you ever do feel that someone's stolen your idea and want to go to court, you'll have to demonstrate that the infringing work bears a significant and actionable resemblance to your own previous work. And good luck doing that if they've got a finished product and you've just got a page of vague notes on a similar basic idea. From the point of view of a judge, it's easy for someone show up with a booklet full of pipedreams, look at someone else's finished product and say, "yeah, that's what I had in mind". |
Bryan Gilles Inner circle Northern California 1732 Posts |
Thanks for the help guys...
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Bill Hegbli Eternal Order Fort Wayne, Indiana 22797 Posts |
You have to see a Copyright Attorney. He will research it for you. It will cost you thousands of dollars.
The plans and instructions must be filed at the U.S. Copyright Office in Washington D.C. |
Blitzen Regular user 167 Posts |
Copyright almost certainly won't give you the type of protection you think it will. Patents may be filed for a magical invention, although you'll have to decide for yourself if you have the money to get a patent ($6k+) and the money to defend it and persue infringers if there are any.
If anyone has paid thousands of dollars to obtain a copyright, they overpaid by thousands of dollars. Average fees for an attorney composed copyright application are $200-300. Look at the copyright and patent protection article in the 'magic law' category of my website. |
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