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The Magic Cafe Forum Index » » Pasteboard Frolics » » Legal Issue (0 Likes) Printer Friendly Version

slumpy
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Hey,

Just wondering abt recent issue regarding DVD/products rights. Noted that some tricks are re-marketed with proper credits to creator. For this instance, when a trick/move was created, does the owner/creator get a share of the pie if others re-market his works? More queries pertaining to this issue,:

1. What's the legal rights a creator have over his signature/patented moves?
2. When it's said to have copyrighted the routine/moves, when Mr XXX perform it n share it, does Mr XXX violate any laws?
3. It had been seen long enough that many ppl show/perform/make video on moves created by others, does he violate any laws if he do not personally owns the product?
4. Then does products necessary come with performance rights?
5. Is there such things as performance rights in the first place?
6. Does a owner have 100% rights over own products? i.e to say even when the DVD was shipped out/sold, can the owner still demand products to be recall back?
7. Other than ripping the whole DVD n resell the whole content, by which means are we violating laws if we perform teaching moves?



It's not been discussed in detail on legal issues before.

Legal issues were brought to my attention when I saw De'vo last few products(Music CD, Cobra DVD). The advertisement on SuperHandz store clearly states that owner of the MUSIC CD also owns the performance rights, same goes for cobra DVD.

Greatly appreciate if anyone with the right/adequate knowledge to share/enlighten me. Thanks

Peace,
Marius
Just a passerby
Chris Keppel
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Kansas City MO
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To sum up your whole post.

Anything in print CAN BE USED WITH PROPER CREDIT.

If its in print then it is out to the public for use. Bottom line, if you don't want anyone using your effect, or changing something to better it, or just to make there own. THEN don't PUT IT OUT.

I once was talking to Harry Lorayne and he is the one that told me this about it being in print.

I also heard if from my buddy Lee Asher telling a guy the same thing at a convention one time when the guy was asking to use one of Asher's moves.

Both of these people know what they are talking about and they both said basicly the exact thing.

"IF ITS IN PRINT, THEN ANYTHING MAY BE USED WITH PROPER CREDIT"

Now, its always 1000 times more better to at least ask the person who's moves you are using or changing for permission. Just to be cool about it. Now I mean there are some moves that are a givin, such as the most used and uncredited card move of all time.

Double lift

Im sure you wont get bashed for not crediting a double.

In my dvd's I credited things I really didn't need to. I just did it to be cool about it and to show that I do care about giving credit where its due.

Hope this helps
www.chriskeppel.com
Kepp's Custom Carbon Fiber
4Jacks
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That was extremely helpful. Thanks Chris.
I had the Same Questions. I'm Glad it came from Harry Lorayne too... I love that guy. . . .

I'm not a lawyer, but I do know that Congress did rule against the right to be able to Patent or Copyright (?) a Scent (In regards to Colognes) That is what keeps all those knock off brands in bussiness. So I can't comprehend Congress say'ing... "Yes if you move your hands a certain way with a deck of cards in it, you can patent it" It just seems ridiculous.

And Personally I would like to NOT have to buy a DVD just to learn one trick and be able to use it.
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