talkmagic.co.uk

I have a questions regarding the subject.

If someone tapes a video of, let's say a well known trick, "ID", and explains how it works and how it's done, and then sells the video somehow - how are copyrights affected? I mean, the the creator need to credit the inventor/creator on the tape, or?

I'm fairly sure he would need permission from the creator to do that.

As far as I know the trick is whether it's commercial or not. If so, you generally need permission to reveal it, and possibly to use it (depending on the effect).

Of course, I may be talking nonsense.

Kati

The trick doesn't actually need to be commercially available. It just has to have a copyright or patent.

If there is a copyright in place - it requires permission, as Katriel said. You need to contact the inventor/creator/owner and see if they'll permit you to use the effect. Generally a royalty fee is in order there.

I'm not sure if there are many patents in magic - but if there are, this is off-limits.

Thanks for answers.

But this is also VERY difficult to maintain. Many effects in magic, was "once" developed by Mr X, dedeveloped my Mr Y and had additional thoughts and moved added my Mr W, before they were published by Mr O. How can anyone control this?

Meaning - let's say Penguin Magic, have they contacted every magician in the world to be able to sell all the stuff they do?

Well, I think that they will buy wholesale: i.e. they will buy from somewhere like Murphy's. The magicians will licence Murphy's to sell anyone their products (on the condition that they pay royalties).

Kati

Well Rune I'm in the same position....I mean how can you contact every magician for the permission...And also if you ie. buy a trick on PubTricks I personally don't think that any money is going to the inventor....the other thing is that I've seen many tricks which are the same but have different name....I'm really confused with all this

Interesting, - does anyone really KNOW the answer to this?

katrielalex wrote:Well, I think that they will buy wholesale: i.e. they will buy from somewhere like Murphy's. The magicians will licence Murphy's to sell anyone their products (on the condition that they pay royalties).

Kati

When you set up a wholesale account with Murphy's and Fun Inc etc, two things happen.

1. You have license to sell the effects they stock

2. You have license to use any images and text from the wholesalers website to aid in the sale of the effects. No Royalties are paid by the seller (not sure about the wholesaler).

Making your own video.. There are ways of doing this without breaching copyright, for example i know that Martin Sanderson sells Dynamic coins and Svengali deck with his own video expalining routines. So maybe you could contact Martin ask ask him. http://martinsanderson.co.uk check out his merchandise section and you will see what his Svengali package contains.

There is a second option, if you cannot produce you own DVD or cannot set up a wholesale account to buy them, then you can purchase this http://www.magichandsofmystery.co.uk/ and sell it on with your own branding (no wholesale quantities or license issues)
Hope that helps

I didn't understand the part about the making your own video.

My situation is that I can create my own videos, and do everything myself, but- do I need to credit anyone during the video?

sorry You need to credit people when you produce a video, for example iF you were making a 'svenagli video' you would mention "this deck / trick was invented by...."

I know people have done this and had no problems

Sorry i was not clear earlier!

A good example is the DVD "Ten ways to force a card" The magician starts the DVD by saying "I claim no originality to any of the forces shown in this DVD"

I am thinking about doing this myself

Well, then a standard credit at the end of the video (text), should be enough as well. Right? Do you still need that Murphy agreement?

You do not need an agreement as far as i know, what you could do i email Murphy's and ask them. I could find out for certain for you, but it may take a few days.

Just checked with someone who produces their own booklets (forces etc). Have a credit page at the end of the booklet whenever possible, stating origins of the tricks, force etc.

So i can assume the video would be the same.

Ok..this is then great news as I'm in the same situation...Thanx Stephen....But do you really have to go deep to discover the author or you can say "I learned this trick by watching the DVD from ie. Garry Griffin which was published by XY" and not care where he got it from...

Then, just make a general credit:

"Credtis goes to all the creators and authors of all tricks, effects and moves explained in this video."

That seems to cover what we talk about....