originality?

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originality?

Postby AndyRegs » Jun 2nd, '07, 19:40



When do you think an effect/routine becomes yours to own. Or does it depend on if your a big name or not?
THe reason I ask is this. Their is an effect called black envelope by bob kholer. However, the exact effect is in a book by peter dufie and jerry sadowitz. The only thing that is different is that the envelopes are black. When he credits them on the dvd, he says that he saw someone perform the effect for him (so how he can then market the idea I dont know), who told him he thought it was an idea by peter duffie. He then finds out later it was.
Now if someone posted that effect here for example, people would inform him that it wasnt original, and that it had already been done (rightfully so as well). Just like people did with, for example Mr Kras, and my esp routine.
Does he (and I'm just using him as an example as its one I know of) get away with adding very little to the original because he is a respected name.

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Re: originality?

Postby Lawrence » Jun 3rd, '07, 16:40

AndyRegs wrote:When do you think an effect/routine becomes yours to own. Or does it depend on if your a big name or not?


Or if you work for ellusionist!
It seems you can get away (in a legal sense, not a moral one clearly) with claiming pretty much any trick as your own! the legal side of it is a bit of a maze anyway, you only need tinker with something slightly (or sleightly perhaps) befor you can claim it's different and now your own intelluctual property anyway (or so my lawyer tells me).

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Postby dat8962 » Jun 3rd, '07, 18:30

Sometimes the originator of an effect sells the rights to someone else who can then do with it what they wish. Sometimes the originator will allow an effect to be used and altered if a credit to the original creator is given. It all depends but yes, there are people out there who do get away with what others would consider as being theft of an idea.

My view is that it's up to the originator to deal with this in an appropriate manner.

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