This question may have already been answered in this forum, but I'm interested in what forum members believe are situations in which something once regarded as proprietary, now slip into public domain. In other words, what scenarios would you consider feasible?

I.e.; A performer invents an effect, and passes on without heirs. He (or she) leaves no will directing the dispensation of personal effects. At what point (preferably after their death) does the effect become public domain? A week, a year, never?

What about copying move for move, the style, mannerisms of long dead but legendary performers? Is this different from an impersonator? Does calling it a 'tribute' lessen the possible infraction? (if indeed it is an offensive behavior)

Another scenario: a performer invents or improves (significantly) an effect which is not protected by copyright or trademark and passes it on to his heir, the heir performs the effect until his death. Do the rights to the effect pass on ad infinitum to each succeeding generation?

I'm not trying to justify any particular action, or making veiled commentary. I'm just wondering what the consensus of opinions might be on gray areas that are not so clearly defined.

The short answer is, it depends on when it was created.

Something you create today will remain "yours" for your life+70 years.

There are no gray areas. See http://www.unc.edu/~unclng/public-d.htm

Thanks Dr.Amazo for a succinct and cogent answer! Now if we could get people to adhere to that...

The term 'public domain' is a legal term. I rather doubt that's what you want to discuss as it relates to fixed works whose protection under copyright law has expired.

Since you asked about magic tricks with distinctive look/methodology ...
Once it becomes a matter of gossip and then folks start showing variations or being "inspired"... the secret is out.

As to the rest of the mess - we aren't doing too well here - as folks have been publishing gaffed card "ace assembly" routines for generations yet who's thanking or paying the estate of Hofzinser?

That applies to writings, graphic art, photos or films/videos.

It does not apply to ideas, and magic effects are primarily ideas. Houdini got legal protection for the Water Torture Cell by copyrighting the effect as a written, 'one-act play.' Consequently, imitators were 'performing his play' without his permission and royalty payment.

An invention can be patented.

This link pretty well covers all the possible protection methods and explains them.

http://en.wikipedia.org/wiki/Intellectua......_methods

The original questions may be governed more by ethics than by law.