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James Adamson Special user Deatsville - Holtville - Slapout, AL 945 Posts |
If you were to be going to be building and marketing an effect that was based on an old idea, but with a different mode of gimmick, and/or change in the gimmick that was published in an old book (creator of original idea is no longer alive) what steps would be necessary to make sure that all appropriate formalities, approvals and credits are given?
Would you need to get ahold of the family of the original effect and/or the writer or compiler of the book? Also, do you other creators always purse all of your effects to this depths, If no then what do you feel are the exceptions? James Adamson http://www.seam2006.com
Be remembered for performing what looks like MAGIC, not skill.
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Frank Simpson Special user SW Montana 883 Posts |
The world of intellectual property is deep and wide. In terms of copyright, a copyright is good for 75 years and is renewable once. If the creator is deceased, it is likely that the rights are controlled by an estate or other agency.
By way of example, the works of Irving Berlin are rigorously protected. Mr. Berlin passed away many years ago but his estate controls all rights to his works. It is always wise to inquire of the publisher pertaining to rights to materials contained in copyrighted works. |
James Adamson Special user Deatsville - Holtville - Slapout, AL 945 Posts |
Any other opinions or exceptions?
James
Be remembered for performing what looks like MAGIC, not skill.
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Chris Stolz Inner circle Mississauga, Ontario 1958 Posts |
Whenever possible I always just try to ask. Most of the time the creator will understand the differences between his/hers and your version will will say, "Go ahead." Even if you COULD just get away without asking permission it's better to be safe than sorry.
It's also just a sign of respect to the original creator.
Chris Stolz
BLACK ART BOOK: Hiding In The Shadows. |
makeupguy Inner circle 1411 Posts |
James:
If the originator of the effect is no longer with us.. and the new gimmick vastly improves the handling of the effect... I would say go for it and release it. Magic very often has a moral copyright more than a legal one.. The originator is no longer making money off the effect so in my opinion... someone else can if they've vastly improved the effect, either in total handling or in the gimmick or in a more convincing outcome. Magic is an unusual business.. a REALLY successful trick may sell 200-400 copies.. it's unusual, espeically in this day and age, to have a trick that sells 1000 copies and lasts for years.. it's just not done for some reason. Mike |
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