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The Magic Cafe Forum Index » » Right or Wrong? » » Difference between performance and manufacturing rights (0 Likes) Printer Friendly Version

Stevethomas
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Southern U.S.A.
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I'm just curious about something. How does one determine if they have the rights to manufacture and sell a commercial item? Asking because, I know there are some props (in particular, Hospitality) are described in books, with instructions on how to build your own, BUT...if you build it from the directions, do you then have the right to sell that prop? How do you determine if the manufacturing rights with intent to sell are the property of someone else. I know that David Charvet has the rights to make and sell "Hospitality", but do others as well? I sometimes see people who've built one at home, they may or may not use it for a while, then put it up for sale. Is this good with the world? If I were to build one, could I then sell it utilizing the commercial name "Hospitality" as the name for the trick?

Steve
Stevethomas
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Southern U.S.A.
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No comments or anyone to enlighten me?

Steve
Dan Bernier
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Canada
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Your best bet is to seek legal advice from those who are legally equiped to give you proper legal advice. I would look to see if there is a patent on the design first though.

I learned not to get legal advice from the Café. Smile

Happy Holidays
"If you're going to walk in the rain, don't complain about getting wet!"
Stevethomas
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Southern U.S.A.
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I'm just curious, not seeking to build snything. I've just seen this done several times here.

Steve
Cyberqat
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To further Dan's point, it is actually *illegal* to give legal advice in the United States without being a lawyer. (Interesting that the legal trade is protected by law, and that most of the people who write our laws are lawyers, isn't it?)

So, people could give you half-assed opinions (like I do sometimes in intellectual property, as I'm a pretty knowledgeable amateur in that area) , but he's right, for legal advice not only is it as good idea but it is the law that it must come from a licensed attorney.
It is always darkest just before you are eaten by a grue.
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