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Rosemary Loyal user 245 Posts 
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Quote:
Of course, this is something to be proud of ! And Ezzet, of course most of us never go on TV. But that doesn't mean we don't need all the info about the product before we buy it. |
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Jay Are Inner circle 4186 Posts
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Hey everyone...
I am very sorry for the furror this has caused... Concerning Split Reality... I was advised to with hold TV performance rights on the effect. I am working on a few projects where performance of original material on TV is concerned... I know I have purchased effects before from top names in the industry where the performer reserves television broadcast rights. Television performance rights are often withheld. Conflicting LIVE performance rights may also be with held. Persoanlly I have purchased a number of effects that held such clauses... To my knowledge the withheld Television performance rights for Split Reality have not caused issues or caused anyone to be unhappy with the purchase. If there is an issue I ask that those purchasers please contact me directly -- and I will make sure that a satisfactory agreement is reached for both parties. I try to be as transparent as possible -- this being my first release, it may have been an error in judgement to not outwardly state that TV performance rights were with held. The advertising copy on OUTLAW effects concerning SR will be changed as soon as possible to include this information. Once again -- my appologies for any inconnvenience this may have caused... All the best! J
xxx
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Rosemary Loyal user 245 Posts
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Now that's an entirely different attitude than
" I don't see the point of this post, she's defaming fellow performers again". See how someone can change during one summer afternoon ? :) 
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mindpunisher Inner circle 6132 Posts
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I think all this with holding tv rights etc is mental Masturbating.( I don't believe I got away with that word)
But then there are a few knucle dancers in mentalism. If you don't want it on TV don't sell it period. |
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Nathan Pain Inner circle iowa 2825 Posts
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I'm with Rosemary on this one...what a strange day, but a great topic!
Nathan
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Rosemary Loyal user 245 Posts
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I agree. But at least we should be warned in advance, in case we don't want to see that m.......... .
Even though I'm not on TV, I would definitely not buy something if I can't do with it what I want. But if all the info is provided, each can make up his own mind about that. Quote:
On 2008-07-21 15:39, Nathan Pain wrote: A new and strange, but nice experience, Nathan 
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JustinCredible28 Loyal user Seattle 217 Posts
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Hi Rosemary, maybe one of theses sellers would be so kind as to act as your own personal ''tv consultant'' as a way of reaching a possible agreement? haha, if not, get your money back, cuz that's sure sneaky on their part...
"a distorted reality is now a necessity to be free. . ." -- Elliott Smith
http://www.NWFortuneTeller.com |
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John Nesbit Inner circle United States 1421 Posts
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Quote:
On 2008-07-21 15:36, mindpunisher wrote: That should be the end of the topic. (period) ! |
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Silvertongue Inner circle One day I will die leaving behind 2426 Posts
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I saw this ' cannot perform on tv ' once printed within the instructions for healed and sealed soda can.
Not impressed. If I buy it, its mine. But I would send a copy to the creator to see what they thunk.
For as long as space exists,
And living beings remain in cyclic existence, For that long, may I too remain, to dispel the sufferings of the world. -Shantideva Engaging in the Conduct of a Bodhisattva |
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Dr Spektor Eternal Order Carcanis 10781 Posts
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Heck, speaking of morals etc. I posted an idea for Whitestar and Luna and someone PM'd me saying what a wonderful concept and told me he wouldn't use it since it was "mine" - I pointed out 'Hey, if I posted it on the MC, its cuz I am sharing my ideas like others here and go ahead and use it with my blessings - as its all about proper crediting and so on" but I was really honoured someone actually asked me.... I often get that but I think in theory (besides steve actually owning everything posted on MC
) anything here posted publically is shareware worthy - but I still also check in with creators before using novel concepts...
Maybe this has nothing to do with anything but felt related!
"They are lean and athirst!!!!"
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Doug Higley 1942 - 2022 7152 Posts
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http://www.themagiccafe.com/forums/viewt......=182&116
The above link should read by all...every post. It is a facinating discussiion on this issue in the Ventriloquist threads. It contains pros and cons and a 'switch' in policy by a major supplier due to the thread. Lots to learn in this thread...if you care about this issue take the time to read it all. It deals with performance rights from all aspects. Doug
Higley's Giant Flea Pocket Zibit
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IAIN Eternal Order england 18807 Posts
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Quote:
On 2008-07-21 16:57, Dr Spektor wrote: Dr.S - is it ok if I use your post later on, but just adapt it to sound a bit more like me please?
I've asked to be banned
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Jerome Finley V.I.P. SLC 3419 Posts
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Rosemary,
True, I take no issue with you. Further, ANYONE who PURCHASES my material is free to use it in whatever medium they wish - if you did not buy it however, I promise to come knocking with plenty of papers
What's more, if another performer wishes to use my material on television I will do my best to consult with that person, free of charge, to insure they give the best performance possible. In the case wherein television rights are withheld, I really have nothing to say. One of the (many) reasons the Cavalli/Finley book was halted is due to my needing unique and interesting material for use on television. It seems obvious that if we DON'T want our material performed by others via such mediums, it's best to not release it. My two cents, Jerome
"Join my update list here!" http://eepurl.com/uE3Jf
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mormonyoyoman Inner circle I dug 5,000 postholes, but I have only 2440 Posts
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Quote:
On 2008-07-21 13:31, Rosemary wrote: Hey, the witch of the North was one of the GOOD witches! (She wasn't Glenda, by the way. She was Locasta or Tattypoo, depending on whether you asked Baum or Thompson.) *jeep! --Oz-Friendly Grandpa Chet Quote:
On 2008-07-21 14:39, Roth wrote: What? Vegetarian caterers? Ecch! *jeep! --Grandpa Chet (Go ahead and harm some animals for my roast beef sandwich.)
#ShareGoodness #ldsconf
--Grandpa Chet |
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PsiDroid Inner circle 2164 Posts
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Quote:
On 2008-07-21 16:42, Silvertongue wrote: well spoken. |
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Chris K Inner circle 2544 Posts
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Jerome's post seems like the most reasonable and pragmatic approach.
In the end, based on numerous patent filings and dealings with the US Patent and Trademark Office, I highly doubt the author of any published work could actually win any legal proceeding. They could, of course, file and perhaps even make it to court, but to win would be remarkable. There are lots of reasons for this, and that is just me who writes patent applications, I am sure a lawyer could offer even more information. In the end, though, this is what it gets reduced to: Can the author of the material prove, beyond reasonable doubt, that the person who performed it on television did not discover it themselves? Further than that, if they CAN prove that, do they have a patent on the method or some other aspect of the procedure? Finally, peers would have to testify that not only could it not have been "independently invented" but that no other, non-patented source could have been used as a starting point. In other words, I scoff at those warnings as the empty threats they are. Truth be told, I usually find they lower my opinion of who puts it out (not always mind you but often). That is not to say they can't make your life difficult, but the legal ramifications are more bite than bark. In the end, they need to take Jerome's approach: "if we DON'T want our material performed by others via such mediums, it's best to not release it" |
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Slim King Eternal Order Orlando 18028 Posts
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Would it be possible to put a time limit on it. Something like "Please give me (The inventor) 6 months to pursue a TV deal prior to performing this effect in that medium." ?????
Otherwise it would seem to be "Double Dipping" ... Having your cake and eating it too!
THE MAN THE SKEPTICS REFUSE TO TEST FOR ONE MILLION DOLLARS.. The Worlds Foremost Authority on Houdini's Life after Death.....
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Tony Iacoviello Eternal Order 13151 Posts
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Psychic San
There are many reasons for releasing something, not all have to do with wanting it released, in fact, some have to do with preventing it from being released by others. There have been many cases of small private releases of material, and stipulations were made and agreed to as part of the release. The key point to this thread (in my view anyway) is that stipulations and limitations need to be agreed to before purchase. Tony |
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R Gould Regular user 193 Posts
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The funny thing is, there is no such thing as "television performance rights" for a magic trick or mentalism effect.
If I know how to perform an effect, I can do so on television. So long as I am not using the originator's (or anyone else's) spoken patter, there is *no* legal recourse they can take. A magic trick cannot be copyrighted. |
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Jerome Finley V.I.P. SLC 3419 Posts
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Quote:
On 2008-07-21 20:18, R Gould wrote: Ask Armando Lucero what he does. -J
"Join my update list here!" http://eepurl.com/uE3Jf
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| The Magic Cafe Forum Index » » Right or Wrong? » » Buy it, but it's still mine. Is this fair? (4 Likes) | ||||||||||
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Posted: Jul 21, 2008 07:17 pm 
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