Copyright a magic trick

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Copyright a magic trick

Postby Lady of Mystery » Nov 11th, '08, 17:59



I've just come across this article on the BBC web site, it's not particularly earth shattering but I thought people might like a read (sorry if it's already been posted)

http://news.bbc.co.uk/1/hi/magazine/7722521.stm

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Postby Ed Wood » Nov 11th, '08, 18:20

God I love Guy Hollingsworth! If I ever get round to my sex change operation I'm totally going to become his groupie.
I particularly love the clip of his t & r card as it's close up and un-edited. Perfect for anyone who's ever wanted to work out how he does it.

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Postby Replicant » Nov 11th, '08, 18:31

That was very interesting, thanks for posting it. I enjoyed the videos, too.

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Postby proteus » Nov 12th, '08, 11:42

This was part of Radio 4's Law In Action, which is available as a podcast or through Listen Again. Worth a listen.

The Reformation is beautiful, but almost wants to make me give up.

There's also a video of Spectator Cuts the Aces which, for a novice like me, shows how well such a simple trick can be presented. Good, solid magic with no busted knuckles.

Guy (Not Hollingworth).

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Postby mruetz » Nov 13th, '08, 02:00

Here's an article which covers some of the same ideas around protecting magic ideas:

http://magicgizmo.com/home/articles-miscellaneous-topics/80-general/60-magic-patents-protecting-a-magical-idea.html

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Postby DrTodd » Nov 13th, '08, 08:20

There is a nw book coming out called Law and Magic....I have read one of the pieces by a law professor at Yale, which was quite interesting. Magic is still largely self governing and by consensus, and as Guy said on the programme, there are very things for which magicians can get copyright. He also spoke abou getting patents, but that would only really apply to gimmicks and large stage illusions...

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Postby John McDonald » Jan 18th, '09, 21:42

Why does this not stop television exposure?

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Postby Mandrake » Jan 19th, '09, 18:20

My son sent me this link, apologies if it's been posted before but if so it's well worth repeating!
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


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Postby John McDonald » Jan 19th, '09, 23:24

Thanks Mandrake. It must be soul destroying to see an illusion/trick ripped off by someone. Intellectual property is something that must be sorted out.

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Postby B0bbY_CaT » Jan 20th, '09, 11:51

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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Postby bmat » Jan 20th, '09, 19:26

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.


Well explained basically you cannot copyright method only presentation. I cannot copyright the notes on a piano but if I can put them in an original order I can copyright that order.

The basic problem is enforcment. Am I, as a magician going to go out and find a lawyer and pay the cost to try and sue somebody for infringment? And to what end? Nothing I am inventing in magic is going to outweigh the cost of legal measures. The trick is to make it better then anyone else. And so what even if I win somebody will rewrite the routine change the colour of the thing and then it is over anyway.

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