Copyrights and other concerns

Can't find a suitable category? Post it here!!

Moderators: nickj, Lady of Mystery, Mandrake, bananafish, support

Postby Stephen Ward » Aug 31st, '05, 13:33



In fact i have seen that line on the back of several videos and books.

Good luck with the video hope you will keep us all informed.

Stephen Ward
Veteran Member
 
Posts: 5848
Joined: Mar 23rd, '05, 16:21
Location: Lowestoft, UK (44:CP)

Postby point » Aug 31st, '05, 13:43

rcarlsen wrote: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....


hm..plain and simple...:)..ok..now we can make videos and wait if any lawsuits will come :lol: ... just kidding ...

User avatar
point
Senior Member
 
Posts: 356
Joined: Apr 19th, '05, 18:31
Location: Ljutomer, Slovenia, EU (36:SH)

Postby Demitri » Aug 31st, '05, 16:55

Stephen, you're on the right track, but I'm almost positive a credit isn't really enough. As an example, look at movie credits.

Say a movie uses the song "Enter Sandman" by Metallica. In the credits they mention Metallica and list the copyright information along with it. However, in order for a studio to use that song, they need to contact the band and the record label to ask for the rights to use it in the movie.

Therefore, just using it and giving credit isn't enough. Not everyone will make you pay a royalty, but as far as I know, you cannot legally use a copyrighted effect without express permission from the owner of the copyright.

User avatar
Demitri
Elite Member
 
Posts: 2207
Joined: May 23rd, '05, 20:09
Location: US, NY, 31:SH

Postby Stephen Ward » Aug 31st, '05, 16:58

hmm. how about say 'cups and balls' that effect dates back thousands oif years so who would you credit?

Stephen Ward
Veteran Member
 
Posts: 5848
Joined: Mar 23rd, '05, 16:21
Location: Lowestoft, UK (44:CP)

Postby Mandrake » Aug 31st, '05, 17:26

For something like Cups and Balls which is known to be very old there's no point in saying much other than a short bit of history referring to the antiquity of the trick. Similarly, the true origin of the I.D. is less than clear but a genuine attempt at a credit ought to satisfy most folks. If you developed a routine using the Chameleon Deck then, as this is still quite a recent item ( http://www.worldmagicshop.co.uk/product ... cts_id=275 ) a proper credit would be in order and quite easy to incorporate. (And as the inventor is one of the TM Forum Veterans, you can be sure omissions would be noticed!) :wink:

User avatar
Mandrake
'
 
Posts: 27494
Joined: Apr 20th, '03, 21:00
Location: UK (74:AH)

Postby rcarlsen » Aug 31st, '05, 21:59

In other words, this is quite impossible to maintain !

This is SO confusing !

User avatar
rcarlsen
Advanced Member
 
Posts: 1010
Joined: May 23rd, '05, 09:12
Location: Oslo, Norway

Postby Demitri » Aug 31st, '05, 23:39

In certain situations, it can be impossible to track down an inventor (as with the cups and balls) but the law is still the law.

What it comes down to, is what the purpose of the video is. If you're just posting a video on the web and showing the effect - you can credit the inventor and you're fine. If you are selling it, or (in the case of magic)explaining the method and secret - then you have to contact the holder of the copyright. You CANNOT do it without the permission of the owner of that copyright. Plain and simple. Just giving credit isn't enough, if you plan to sell or expose the secret.

I know with patents there is a time limit - and once it passes, the object/invention becomes public domain. In situations like cups and balls, it may be something like that.

It's not impossible to track down a copyright record. There are ways to look into it. If you are seriously looking to create a video for sale, you should probably consult with an intellectual property attorney - since they would have the answers and resources to find them.

User avatar
Demitri
Elite Member
 
Posts: 2207
Joined: May 23rd, '05, 20:09
Location: US, NY, 31:SH

Postby rcarlsen » Sep 1st, '05, 08:14

Well, how do you know if it is copyrighted?

User avatar
rcarlsen
Advanced Member
 
Posts: 1010
Joined: May 23rd, '05, 09:12
Location: Oslo, Norway

Postby point » Sep 1st, '05, 09:21

Now I'm more confused than at the beginning of this thread :?:

User avatar
point
Senior Member
 
Posts: 356
Joined: Apr 19th, '05, 18:31
Location: Ljutomer, Slovenia, EU (36:SH)

Postby Stephen Ward » Sep 1st, '05, 10:24

Me Too! :oops:

Stephen Ward
Veteran Member
 
Posts: 5848
Joined: Mar 23rd, '05, 16:21
Location: Lowestoft, UK (44:CP)

Postby rcarlsen » Sep 1st, '05, 11:19

I am having a dialogue with Murphy's, will let you know what the final word there is. The girl I spoke to yesterday, would have a talk to Paul Harris, to find out how things should be solved (or usually is solved).

User avatar
rcarlsen
Advanced Member
 
Posts: 1010
Joined: May 23rd, '05, 09:12
Location: Oslo, Norway

Postby Stephen Ward » Sep 1st, '05, 11:21

Great! if they can't help then let me know as i have contacts within FUN INC (so if you need to video any of their effects just let me know)

Stephen Ward
Veteran Member
 
Posts: 5848
Joined: Mar 23rd, '05, 16:21
Location: Lowestoft, UK (44:CP)

Postby Mandrake » Sep 1st, '05, 11:34

Mike Jay did an article over at Online Visions http://www.online-visions.com/michaeljay/0412-mj.html which referred to this aspect - well worth reading!

User avatar
Mandrake
'
 
Posts: 27494
Joined: Apr 20th, '03, 21:00
Location: UK (74:AH)

Postby point » Sep 1st, '05, 12:03

Huh..thanx for the link Mandrake...nice article but it still doesn't answer our questions....I'm in europe so US laws don't apply here...On the other hand the MagicMaker's DVD "Showoff with cards" if packed with moves that were invented by someone else and they just renamed them(ie. Wink change) and they're happily selling this DVD to everyone...I haven't seen any credits there also...so it would be nice to find out if they have any lawsuits on their backs because of that(probably not)....I'm more then willing to credit the author(s) on the video-trick that I might sell over the net but I'm NOT going to spend 6 months on tracking down who is the owner...also pubtricks.com is doing the same thing as MMInc and they sell ie Editetic change by Ed Marlo, a lot of tricks from Complete Card Magic DVD set for example..in the first case they even used the real name and on the other they(authors..but with pubtricks blessing (IMHO)) just rename the tricks....And I highly doubt any money is going to creators....yet they sell this while we're here trying to do the right thing....at the and I'm asking myself who's stupid in this story...me(us) or them?

still confused.... :(

let's wait and see what will "Murphy" and "FUN" say...I'm really curious...thanx for all the help guys....

User avatar
point
Senior Member
 
Posts: 356
Joined: Apr 19th, '05, 18:31
Location: Ljutomer, Slovenia, EU (36:SH)

Postby Stephen Ward » Sep 1st, '05, 12:06

I will give FUN a call as i know people there. In the meantime what do you guys think of this video to buy (you can use your own brand and sell it ) http://www.magichandsofmystery.co.uk/

Stephen Ward
Veteran Member
 
Posts: 5848
Joined: Mar 23rd, '05, 16:21
Location: Lowestoft, UK (44:CP)

PreviousNext

Return to Miscellaneous

Who is online

Users browsing this forum: No registered users and 4 guests

cron