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The Magic Cafe Forum Index » » The August 2012 entrée: Shawn Farquhar » » Legality of it all... the grey zone. » » TOPIC IS LOCKED (0 Likes) Printer Friendly Version

G. LaBarre
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Vancouver, B.C. Canada
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In Magic, we like to use objects that are common in the real world, when we aren't using our strange little contraptions that is. Like brand name products everyone knows or songs we just love and think are appropriate. Even Bicycle not allowing any unathorized changes to their products.

How do you get around using and paying homage to these products and still not infringe on anyones property rights?

Is it Better to Beg for Forgiveness or to Ask for Permission?
Glen Alan - "The HOW in your Magic should be Secondary to the WOW in your Magic."
Shawn Farquhar
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I've always done my best to stay on the legal side. A recent example of this is my new effect, Extended Stay, which uses hotel key cards. A magician wrote to criticize me on the fake names I used for the hotels. Yes, I could have used real hotel names and logo's and the companies probably would never have bothered to come after me, but I think it is morally and ethically wrong so I chose to make up names. One of them is Chateau Farquhar. Funny thing is I have had a number of people in the UK ask me where it was located as they did not associate it immediately with my surname. I'm sure anyone else will have zero problem as it's not like my last name is well known. Another of the keys is a Double Dice Pizza advertisement that looks very similar to Domino's but is different enough to make me feel comfortable. I guess I do cross the line when I create T2P with currency, but that is only because there is no other option, other than not presenting the effect.

-shawn
G. LaBarre
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Regular user
Vancouver, B.C. Canada
121 Posts

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Example: Is there any way to justify using a character, a style, or a product that references someone elses creation. I've heard it said that as long as you are paying homage to them, or doing a tribute, it might be acceptable. Even going so far as to copy each other in the Magic field, especially after purchasing someone elses effect. (NO plans; Just debating.)

Quote: The concept now often appears in the arts where one author shows respect to a topic by calling it an homage, such as Homage to Catalonia. Alternatively, creative artists may show respect to a veteran of the field or to an admired practitioner by alluding to their work. In rock music this can take the form of a tribute album or of a sample. As of 2010, the digital techniques used to generate many forms of media make it easy to borrow from other works and this remediation may be used in homage to them. from Wikipedia I believe.
Glen Alan - "The HOW in your Magic should be Secondary to the WOW in your Magic."
Shawn Farquhar
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Glen,

I am not a huge fan of the whole "tribute" thing. Yes it is appearing to be more popular, but popular doesn't always mean right...
First thing I do when I buy a new effect is once I learn the correct way I try to see If I can do it differently ... lol

-shawn
The Magic Cafe Forum Index » » The August 2012 entrée: Shawn Farquhar » » Legality of it all... the grey zone. » » TOPIC IS LOCKED (0 Likes)
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