Hi,

I developed a new performance that I would like to have it copyrighted (if it's called that). So how can I have the righs for my effect?

Thanks

You can copyright the performance sort of like a theater script, but not necessarily the effect. The performance needs to be written as a script. I would suggest you download the following article:

Secrets Revealed: How Magicians Protect Intellectual Property without Law, By Jacob Loshin from Yale Law School.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1005564

It explains fairly well the issue you're investigating.

Copyright won't help you at all. Depending on the effect you might be able to patent it.

I will say that I agree that it is a good idea to make efforts to protect your intellectual and creative property… it is a tough row-to-hoe for sure since it seems like (in my experience) so few respect those efforts.


BUT:
All that protection is ONLY as good as your desire, interest and formidable action towards defending your right to access the full protections afforded you under the law. (If You DO Choose to Protect yourself in theses ways.) It is a TON of time, effort and massive amounts of real money and all that is long before you ever win any satisfaction from anyone who takes what you have worked so hard to CREATE and then protect. It ain’t fun, nor is it fair in my estimation, but that doesn’t seem to stop those who would simply take your stuff!

I wish you all the best with your endeavors and efforts!
- - D
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As Dean said you have to be willing to defend your position, the alternate is to make it YOURS. How, by publishing it, with a premium price tag, only a certain number, a set release date etc.

Why do I suggest the above? You are going to be ripped off either way, so why not make some dollars on it, and if your idea is truly unique and it goes into print, it will be forever yours ie. think Steinmeyer - Modern Art etc. And to some extent this will inhibit others from "taking" it.

Blair

Your legal options to protect an effect are very limited. Copyright won't do it. Trademark won't do it. Trade secrets have some value, but that won't prevent someone from figuring out how you do it and using it themselves. A patent on an effect can work, depending on the effect. The downside with a patent is that you have to make your invention public, which is counter-intuitive to magic, but it will let you go after people trying to rip you off.

Don't ever show another magician your effect and you should be just fine.

Actually Loyal's post is a bit confusing and depending on what he's looking to do, some of you are not correct.

He stated:

"I developed a new performance that I would like to have it copyrighted"

He can, in fact, copyright his presentation.

Although his second sentence confuses the question:

"So how can I have the righs for my effect?"

If it's a new trick, then it's another situation and copyright doesn't apply.

Mr Amazeo's post above is on target, but again it depends on what he's looking to do.

I was talking about the presentation, sorry and by the way let it go, I don't know why I posted this topic. lol.

Thanks

Oh, ok, a presentation can be copyrighted