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I stumbled across this site the other day, not sure if you’ve seen it before? It’s kind of interesting to see who did what:
http://www.magicauction.com/IllusionHot ... Rights.htm
John McDonald wrote:Why does this not stop television exposure?
B0bbY_CaT wrote:John McDonald wrote:Why does this not stop television exposure?
you can not copyright a sleight or a "move". You could copyright a written description and in most cases the publishing and claim of copyright would last until 70 years after the author's death.
You cant patent a sleight however. Had you been the first to create an effect, you could have patented the gimmick that makes the effect possible, ie. had you been the inventor, you could have patented a design of cards that allow you to do a sleight with a design patent. You perhaps could have also patented the unique "surface" of the card that makes the sleight easier to do with a mechanical patent. Patents typically last 20 - 25 years.
Had you been the first to use the term "Ambitious Card Routine" (for example), you could have registered the name of this sleight with a trademark. Trademarks can last indefinately.
However you could not patent the sleight.
To further clarify, had you been first to create, you could have probably patented the gimmick used when performing the "Superman Coin Bend". However you cant patent / copyright / register a trademark that prevents others from doing an effect where in the coin bends, just the gimmick that you invented that makes it possible.
One of Magic's great weaknesses is that it's Intellectual Property is largely impossible to protect legally. Hence the need to maintain old secrets AND keep creating new secrets.
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