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The Magic Cafe Forum Index » » Latest and Greatest? » » P.K Pencil by Mentalist Institution (8 Likes) Printer Friendly Version

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LarsA
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I understand Paul is upset.
And I understand it is right for him to discuss privately with Richard the issues over similarity.
But he is making a straw man out of the performing rights issue.
If he got it wrong in the notes, fine. We all make mistakes.
But I still think that if you might be withholding any performance rights, you should make it clear before purchase.

(As an aside, I think Jamie is wrong - I didn't see Paul accuse Richard of stealing)
sbays
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I always chuckle a little when I hear about the whole "Performing rights withheld" argument. First of all, unless you sign a contractual agreement stating acceptance to the terms, then it would never stand up in court should a creator decide to try and do something to someone who did perform this on tv or wherever. Simply putting this on a dvd package, or even listing it in the item description are not sufficient. This is why legal documents are signed, and in most cases many times.

All one has to say is, "Oh ... I didn't see that or understand it." The courts do however find in favor of the person who bought the instructional material. If you sold the training, routining etc to them, then you have no control over it beyond that point. They have fair use of that material. Unless like I said earlier, you sold it to them specifically under contractual terms that they would not perform it on tv.

Something I have been seeing more and more of is e-signatures being used to accept terms when purchasing material. But even that can be challenged, and good luck pursuing that. Nothing beats the good ol sit down and sign line item after line item. This is why we have legalese.

For the record, I support the idea of a creator leaving out TV performing rights if they choose. But the way they have been attempting to do it is all wrong. But limitations to television rights is where the buck stops as far as I am concerned.

Besides ... how many actually get a chance to perform on tv anyway? A teeny weeney handful maybe.
"Opportunity may only knock once, but temptation leans on the doorbell."
Paul Shirley
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Hey all,

Just to clear a few things up.

Once learning of the conflict, I P.M'd Richard, as I said I would. As I misunderstood the grievance to be that of 'crediting' I was taken aback by response I got. Regardless of how one may feel about the rights and wrongs in this situation, I was left with a lot of thinking to do before giving a response, as.... I suddenly found myself in an unexpected situation in which one of the outcomes meant scrapping a project that had taken years of work, not to mention the time taken, personally manufacturing these items, by hand.

Of course, for anyone to feel they had been knowingly ripped off would be infuriating... so I completely understand Richard's frustration in awaiting a response... but the gravity of the situation, and it coming at a time of 8 gigs or so in 5 days, the weight of the situation which could potentially quash a product that I had been very excited to finally see make it to market... meant that I needed to have a moment to thoroughly think it through... as, even though it was important to Richard to receive some clarity from me... it was also important to me to make sure I took time to remove the 'heat' from the situation, allowing the polite, considered response it deserved... which is what I did. In my own time, which was only a matter of days... and, given that the pencil has been in circulation for about 6 years, and this thread is almost 2 years old... I figured that a couple of days grace would be perfectly acceptable.

Having said all that... for anyone to let emotion take control, or for those who pretend to be 'just trying to help' and misconstrue my few days 'silence' as a sign of guilt, or trying to hide from the situation, using this to justify some of the things that have been written here about me and/or the situation in my absence, is childish, inflammatory and does nothing at all to help an already volatile situation. But... those responsible know that already... as they are only here to enflame, and get their rocks off by (trying to) control a situation, in the hope of making us all dance around, and jump through hoops at their whim.
It's a common thing on most forums ... it's damaging to our community, and a pathetic display of basic human indecency.

Which brings me to... If anyone chooses to make public statements, I shall respond to them publicly. You don't get to cherry pick... and to reprimand, or insinuate that I am being somehow 'unprofessional' in doing so, despite my post being a public response to a public attack/s. that's that. I am not a thief, and I NEVER claimed Richard was... so I'm not sure how that even became a 'thing'... that's the problem with trolls, they don't read too well. Must be the lack of light available under the bridge they inhabit Smile

Now... none of this means anything to those who think I have done something untoward. I get it. And for those who are intent on throwing mud... this will probably give them more ammo... but I, again, had no
prior knowledge of Richards product. None. My hopes and intentions have always been to just contribute to an art I love. Not the money... or accolade. I need neither. And, to be honest... am upset that one of the greats in our field now views me as an ass. I have been fortunate enough to travel the world, meet and spend time with virtually every 'great' we have... including Richard. Many of them have become friends, some have even become ones I would consider close mates. It brings me absolutely no joy, or boost to the ego to have this kind of attention from Richard. Quite the opposite. It feels pretty *** terrible.

The upshot is... I am hoping dialogue continues between he and I. I continue to research history, and seek advice from many knowledgeable creators/performers. And... as I have stated already, should it turn out that general consensus is that I am in the wrong... I shall halt manufacturing immediately... in the hope that Richard may allow me to offer the last of the stock I have... And completely pull the product.

Hope that settles things.

Paul
Jamie Ferguson
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Alba Gu Brŕth
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Smile Smile Smile
Excellent Paul.
When the chips are down, the duvet is uncomfortable.
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