Hi all! I hope this is the right place for this post. I posted elsewhare until I found this section.

I was in my local magic shop (The Magic Warehouse in Maryland) and the owner showed me a new effect. I was able to correctly deduce how it was done and was able to adapt a gimmick I ahve to essentially replicate it. I'm a pediatrician and perform for my aptients and my own amusement, not making any money off th hobby. What are the ethics around this situation. I would like to perform it and will make no claims to originality, will not reveal the method, and would never sell it.

I appreciate peolple's thoughts.

If it's a marketed effect than the performance rights is
something you get when you buy it.

Sometimes effects are public domain, usually old effects or
effects made up of standard moves.

If it was a product for sale with a name, it's performance rights
is probably owned by someone and given as part of the sale.

This doesn't stop some folks from doing it anyway.

Cutting through the usual smoke screens in topics like this... Does the shop owner deserve to make a little something for showing you the trick? Does the trick’s creator deserve a little something for coming up with the idea, refining it, packaging it, marketing it, and distributing it?

If it's a marketed trick or in a book, and you want to perform it, why not just buy it ?



Jim

I guess that after parents see what you do with their kids, they can go home and try it for themselves. No reason to pay your bill.

Thanks for the input everyone. I'm wrestling with the dilemma: I would not pay $75 for this trick, clever as it is. Do I try to value the experience of having the trick shown to me by the store owner and the value of the idea of the creator and send them a check? Do I amuse myself with this and not show it to anyone? Do I show it to a coworker or 2 and a few patients, making no money and potentially interesting a kid or 2 in pursuing the hobby? I try to be ethical in my dealings.

Funsway: not a valid comparison as a) I always try to educate my parents to take care of their kids and freely share my medical knowlege and b) most of healthcare is capitated so I don't sell tickets to my office for the most part. That being said, point taken!

Pardon my ignorance, but what exactly is "performance rights"? Seriously, not being snarky.

Sure, performance rights is the right to show a specific work in public,
for example, I can buy a dvd and watch it in private, just me and some acquaintances,
but I couldn't show it in a theater.

Usually when someone releases an effect to the public it's usually assumed they'll perform
it publicly, but some folks will still claim the performance rights under certain
circumstances, most notably tv, which is often negotiated separately.

I'm not a lawyer.

Here is an avenue to resolve your dilemma. Frequent the shop and purchase other effects which better fit your needs. Contact the originator of the effect you want simulate. Explain your solution and ask if he is OK with you performing that non professionally. If he is not OK, honor that. More likely you will have immediate respect from the guy and he will share with you more information about the routine as it may pertain to what you are trying to do.