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servant Regular user Texas 101 Posts 
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On Sep 11, 2019, Dick Oslund wrote: This is very interesting to me Mr. Oslund, because I know I've accidentally interchanged these words before. An effect is what the audience perceives. A trick is what the magician performs. So what the magician purchases from a supplier would either be a gimmick or the instructions on how to perform a trick. Am I right? Or am I wrong? |
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Dick Oslund Inner circle 8361 Posts
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It could be a prop! (e.g.; a silk, or a set of "xxxing" balls, or a deck of gaffed cards or even an Okito Box! (Those are not gimmicks. A gimmick is an unseen device", needed to perform a trick. Yea, you are basically correct.
I get very impatient with "magicians" (note " " !) who don't know basic nomenclature, and, don't bother to learn. I learned those terms, when I was 14. Gimpy started this thread in 2008. I get tired of "educating" these so called magicians who don't know basic terms. I'm 87. I'm considering canceling my "membership" (for want of a better term). I have better things to do! It's apparent that YOU have read one of my posts before. I hope that you've benefited.
SNEAKY, UNDERHANDED, DEVIOUS,& SURREPTITIOUS ITINERANT MOUNTEBANK
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servant Regular user Texas 101 Posts
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On Sep 12, 2019, Dick Oslund wrote: Ah yes, props. Thanks for responding. I try to soak in your wisdom when I see it! I truly hope that you wouldn't "cancel your membership" on account of "wanna-be" magicians like me. Your advice on this board is invaluable. We just need more appreciative souls for all that you have and continue to contribute to the community. If I can ever return the favor, please let me know. Specifically, I work in computers and technology. If you ever need anything, I'm your guy. Thanks for all you do. |
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Dick Oslund Inner circle 8361 Posts
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You are most welcome!
It IS exasperating to read some of these posts when it is obvious that the guy hasn't read the entire thread, and, complains, when someone else tries to clarify a point, or expression which is either wrong, or unclear. (Especially when the OP, or someone else commenting, doesn't know what he is talking about. ) You appear to be serious about learning! It's a pleasure to correspond with someone like you. When Jon Racherbaumer insisted that I write a book, I bought a lap top "infernal electrisch peckenclacker". It sat on my desk top for several weeks before I opened the lid! I was born "too soon" (1931) and definitely not a computer maven!!! In the Navy (1951-1955) I could type about 99 words a minute. Now, at 87. I'm lucky to do 15! (The mind is working fine, but the fingers don't cooperate! With your "encouragement", I'll endeavor to "hang in there", at least for awhile! I, fortunately, had several great mentors, when I was a Johnny come lately. They insisted that I read, no, STUDY, knowledgeable, qualified authors. It "paid off". I was able to develop a show that could play almost anywhere, for almost any group. I was never at liberty, in almost 50 years.
SNEAKY, UNDERHANDED, DEVIOUS,& SURREPTITIOUS ITINERANT MOUNTEBANK
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Animated Puppets Loyal user Lost on a Green Screen 284 Posts
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On Sep 17, 2019, Dick Oslund wrote: In the Navy (1951-1955) I could type about 99 words a minute. Now, at 87. I'm lucky to do 15! (The mind is working fine, but the fingers don't cooperate! You may be interested in Dragon Speak software. It will type what you say and adjust to your voice inclinations. I bought it for my Dad years ago and he had no experience with computers prior. https://www.nuance.com/dragon.html  |
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Cleverpaws Regular user Northern California 155 Posts
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When can we get back on to the original topic?
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servant Regular user Texas 101 Posts
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On Sep 17, 2019, Cleverpaws wrote: I feel like you may need to clarify your earlier question, per Mr. Oslund's posts. That aside, is there some sort of patent involved that may be owned by someone? |
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Cleverpaws Regular user Northern California 155 Posts
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On Sep 17, 2019, Cleverpaws wrote: When can we get back on to the original topic? I feel like you may need to clarify your earlier question, per Mr. Oslund's posts. The above reply is why people should just respond with useful information to the original question, instead of going off topic. I've replaced the OP's original incorrect words (according to Mr. Oslund) with the correct word in "CAPITAL LETTERS" so that perhaps we can get back to the original query. Those who would like to get into the technicality of word usage, could start their own thread... Quote:
On Oct 8, 2008, gimpy2 wrote: |
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servant Regular user Texas 101 Posts
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On Sep 17, 2019, Cleverpaws wrote: Here's an interesting article. Would be interesting to know what an attorney says. https://www.wired.com/2013/07/the-tricky......c-trick/ |
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TomB Loyal user 234 Posts
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LobowolfXXX Inner circle La Famiglia 1192 Posts
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On Sep 17, 2019, servant wrote: Pet peeve alert. "Copyright" is a noun. You don't copyright something; you may register a copyright, which affords you certain legal presumptions, but copyright itself attaches upon the creation of a qualifying work (certain types of works, threshold for originality, etc.) in a fixed medium. If, for instance, you write an original short story and put it on your WordPress page, your copyright exists. You don't have to contact the copyright office. You don't have to write "Copyright 2019 by Joe Blow" after the story. You don't have to do anything. You don't even have to copyright it. Because you can't. Because "copyright" isn't a @#$% verb!!
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley. "...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us." |
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Dannydoyle Eternal Order 20539 Posts
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So if I am understanding you Lobo, a coppyright is the "thing" that attaches as opposed to the activity of attaching it?
I have misused and seen it misused a LOT if I now understand what you are saying correctly. Thank you.
Danny Doyle
<BR>Semper Occultus <BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell |
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LobowolfXXX Inner circle La Famiglia 1192 Posts
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On Dec 28, 2019, Dannydoyle wrote: A copyright is, literally, the "right to copy" the work in question. So let's say you write up an essay on performance and you put it up on your website as a blog post. As soon as you post your essay, you have "the copyright" on it. That is, you have the right to copy it. With some limited exceptions, it's an exclusive right. So I can't write a magic book, take your essay, and include it in my book without your permission. When people talk about "copyrighting" something, what they're talking about is registering the copyright, i.e. sending a copy of your essay to the U.S. Copyright Office and saying, "Hey, I wrote this, and I'm letting you know about it so you can record my copyright." Many people mistakenly believe that registration is required to have copyright protection. It's not; as soon as you create it in a fixed medium (e.g. a book, or a webpage), you have a copyright.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley. "...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us." |
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Dannydoyle Eternal Order 20539 Posts
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Fascinating. Literally every single thing I ever thought I knew about this has been absolutely wrong. (Mind you I never thought I knew much about it to begin with LOL.)
Danny Doyle
<BR>Semper Occultus <BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell |
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Jonathan Townsend Eternal Order Ossining, NY 27141 Posts
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To the OP and about effect and copyright:
(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4)pantomimes and choreographic works; [* usually what we call effect or routine -JT *] (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works. ** (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2544; Pub. L. 101–650, title VII, § 703, Dec. 1, 1990, 104 Stat. 5133.)] **disclaimer about what we'd call method and idea etc.
...to all the coins I've dropped here
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Nikodemus Veteran user 314 Posts
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Dear Cleverpaws,
Gimpy2 (the OP) was asking about "rules". The problem with that is s/he seemed to assumed these were somehow enshrined in law. Hence the ensuing discussion of copyright etc. The reality is that the "Rules" are just a gentlemen's (and ladies') agreement. That is why magicians are so fastidious about giving credit where it is due - it is a matter of curtesy and respect, not enforceable rules. |
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Infographicmagicreviews Regular user Nelson 137 Posts
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Since we are on the topic of copyrights. can I make gimmick for people and sell it if I'm not the creator of the effect?
For example, there are a lot of downloads that is DIY gimmick. can I make it and sell the gimmick to people? or can I offer a gimmick building service? |
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gimpy2 Special user 950 Posts
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Wow surprised anybody has been talking about this thread so long. This was 2008 when this was posted. Back then I was just starting to build magic props illusions, or whatever you want it called. Since then I have worked on many projects. Probably only a little better schooled on the perfect words to use when describing the craft. I do however pretty much understand the rules or whatever you want to call them. Really never felt like I got a clear answer from the thread here. Have had many conversations with folks in the know and found my answers after a while. The answer is that nobody knows or agrees with everyone.
Gimpy
www.gimpysmagic.com |
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gaddy Inner circle Agent of Chaos 3234 Posts
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On Jun 30, 2020, Infographicmagicreviews wrote: You could attempt to patent the gimmick if it was truly original, but it almost certainly wouldn't fall under the ageis of copyright law. Patenting an idea requires (very broadly) that: The invention must be statutory (subject matter eligible) The invention must be new The invention must be useful The invention must be non-obvious. Obviously, it's not an easy road to go down or so cut and dry.
*due to The Magic Cafe's editorial policies, words on this site attributed to me cannot necessarily be held to be my own.*
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gimpy2 Special user 950 Posts
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Patents do not seem to be a very good option for magic. There are not very many magic props that even sell enough units to recoup the cost of such protection. Some magic pirates would not pay any attention to a patent if they thought they could make a buck anyway.
Gimpy
www.gimpysmagic.com |
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Posted: Sep 12, 2019 10:23 am 
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