by jesusjoe » Jan 10th, '07, 14:17
Lawrence,
The law, Canadian (where I am) and International clearly states that Ideas/actions cannot be protected, but the description of these ideas/actions can be, and is from the minute they are created.
You can not claim rights on how to throw a football, but that book you wrote on it is all yours.
The same goes for magic.
As long as explanations are made up of 100% original content, this includes videos and text descriptions alike, then these explanations are not only legal, but protected under copyright law.
Intellectual property is broken down into several categories, copyright, which I have just discussed, Trademark, Patents, and Trade Secrets.
Trademark would only apply to names of effect, for example, Ellusionist has trademark on King Rising. This doesn't mean I can't use the name, it simply means I can not sell a similar product using that name. I am allowed to say the name freely, as I am describing an idea with a name that someone else has decided it should be called.
Patents are for inventions. In the magic world this would apply to gimmicks, props, stage illusions etc. The problem with getting something patented is you need to submit explanations of what the item does/how it works. Even if this is done a Patent protects that item from being produced and sold by someone other than the creator. I would still be free to tell anyone how to make it, and make said item for my own use.
Trade Secrets. This one is the closest thing that the magic community can do. I encourage putting this into full action!
A Trade secret is used to protect an idea that a company makes money from. To classify something as a Trade secret you need to a) not sell it to the public or b) If you do sell it, have the buyer agree to a confidentiality clause upon purchase.
Having a little disclaimer when buying from stores is all it would take.
Of course then you would have to prove that the person breaking the agreement actually purchased the effect from you under this agreement. This one wouldn't stop many people who discuss methods. If any of you are on exposure forums at all you may have noticed a lot of the explanations are not the exact method used for the marketed trick, but an educated guess about the method that will yield desired results.
Like Lawrence said, the law is very clear on this. And I have done nothing wrong.
Cheers.