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The Magic Cafe Forum Index » » Right or Wrong? » » Brian Brushwoord Book test (2 Likes) Printer Friendly Version

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The Duster
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On Jun 30, 2018, art85y wrote:

Here's another example, a college professor sells a bunch of his textbooks complete with hand written footnotes and annotations, and dare I say, corrections? It may even be the case that he is more renowned than the original author.

Who cares if he’s more renowned?

Who is more famous doesn’t change whether you have protection over your own work.

Most study aids do NOT contain the actual text verbatim, the ones I have seen that do [Arden/Oxford/etc] were of Shakespeare plays – and some had one side original text, page facing it a modern day translation… or like you said, text – then loads of footnotes. But in all those examples the books were hundreds of years out of protection.

Modern books – would either be a separate book [you need the original], or brought out by the copyright holder

But if a professor/teacher were to give out notes against the real body of text… and not charge money for this, it may be fair use. Depends on how much, or of what quality of the content has been used.
The Duster
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That is of examples I have seen

I'm sure there may be example of people who have naughty and done what you said

But when it's in a study context - there is more wiggle room
The Duster
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On Jun 30, 2018, art85y wrote:

OK, let's try another example. A pocket diary (copyright protected, just like a novel), you buy 50 of them, fill the pages with playing cards and sell them with a stacked deck as a diary effect.

Where do we stand on this one?



Not sure what you mean

As the diary part [the dates, and having them in a book] is not copyrighted or copyrightable

I guess the font and formatting might be, as would any photo’s or charts/trivia/etc that is unique to that diary

It’s the words [characters/etc] in the Novel that is protected, not the page numbers

In terms of diaries, if you were sued – they would have to prove they owned the copyright… I guess you mean what you write changed what it was [???] but the diary was produced for people to write in the entries.

I would love to see some proof that they have copywrite, as when you say ‘just like a novel’ – I don’t know where you got that from… just like a pad of paper [?]
Jonathan Townsend
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Hypothetical: The product purchase includes the book as published, the service of mutilation, and instructions for performing a magic trick. Where's the infringement?
In the eyes of a sensible adult watching the show the book as published is produced and used as source of text...no demonstration of altered content or authorial intent or evident alteration of the publishers production. What's being infringed upon?
...to all the coins I've dropped here
The Duster
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On Jul 1, 2018, Jonathan Townsend wrote:
Hypothetical: The product purchase includes the book as published, the service of mutilation, and instructions for performing a magic trick. Where's the infringement?
In the eyes of a sensible adult watching the show the book as published is produced and used as source of text...no demonstration of altered content or authorial intent or evident alteration of the publishers production. What's being infringed upon?


You are selling the book as part of the package

If you actually wanted to do this - and not break any rules/laws... you would not include the book in the package [as you are selling it for a different purpose, so profiting]

So just a how to guide, and a list of books that you can buy that it would work with - that would be fine...

Of course if you suggested in your 'how to' guide that they can buy the book and make the changes, and THEN they can sell it on [the book] then you would be doing something wrong. But why would you write that in the 'how to' / 'instructions' anyway [?]
Jonathan Townsend
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What are the distinctions made between
selling a used book with previous owners bookplate attached and a few scraps of paper
and selling a used book which has been mutilated as part of preparations for a magic trick along with instructions for that trick?
...to all the coins I've dropped here
The Duster
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You are changing something that is copyrighted

It's the authors right how it is sold - it's their work, no you can't make changes and sell that on - if you want to make changes and sell it on [especially at a profit] then you will need the authors permission

Just stick to public domain titles - or create you own [made up] books
art85y
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Thanks Duster, One more and I'll shut up.

Can you please clarify one of my earlier examples ie. I hollow out the centre of a book and sell it as a stash box for jewellery or magic. Ok, iv'e mutilated the book, but it's my property, and there is no way on Earth that I am cashing in on the literary content. It could even be a second hand copy, that I picked up with pages already missing.
Use the FORCE Luke.
The Duster
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For yourself [not sold on] that's fine

But you want to take a real book, and sell it on [?]

Again - if they don't notice [you sell a few on market stalls, or not many online] you may be fine [not caught, or if noticed they may deem you too little to be bothered about]

The issue is - the title, the authors name... the book cover... etc - it's their right what happens. If they want to hollow it out, and sell it on - that's the author's or copyright holders right

You can do this - but you need to do it for yourself [no profit] - or you need permission and will have to pay commission or a fee as the rights holders wish.

You are asking the same question in different ways

As always - just make up book titles that are in public domain [don't copy recent covers as they will likely be in copywrite when the book isn't]
art85y
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Cheers duster, I appreciate your perseverance and patience.
Use the FORCE Luke.
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