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The Magic Cafe Forum Index » » Right or Wrong? » » Legal or fraud - limited performing rights mentioned after sale (0 Likes) Printer Friendly Version

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Rust, Germany
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Hi, this is an issue that bothers me now for several years. You buy a routine. Why? To perform it, of course! But after the buy, they mention in the script/video/download page that there are performing rights limitations. Those were never ever mentioned in the sales text. This is not ethical, as the seller/creator steals my rights away. If it is mentioned in the sales text that there are f.ex. "TV rights strictly reserved" or certain regions or venues, it is ok. In Europe,this is illegal (= the seller commits a crime!) not to tell about any limits. What does not motivate me to buy from those manufactures/wholesellers is that the dealers/wholeseller did not even bother to react on my inquiry.
I am fed up with asking before my buy if there are any limitation in performing rights when nothing is mentioned. Just be honest, tell me about the limits of any kind in the sales text - it is ok. You mention it after buy - shame on you!
In Europe where I live, this habit is illegal. How is it in US? These guys steal my performing rights (that´s how I feel when they did not mention it before the sale). Am I the only one who feels betrayed? What action can be taken?
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Profile of Wravyn
I agree that it should be stated up front. To an extent, by not sharing the stipulation of performance aspects only after purchase is almost like giving stipulations of when and where one can drive a car, after paying for it.
Yet, I do think that main reason the performance restrictions are now being included is due to the people that record and put videos onto the Internet, and I am pretty sure that we can agree that there are many videos that are atrocious, along with the exposure of the magic trick.

Those practices of exposure are a form of theft with a total lack of respect for the creator/s of the trick and/or routine. We have lost many great routines and ideas due to this lack of respect, and I do not blame those wronged for deciding on either sharing their intellectual property or performance rights.
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Profile of tomriddle
It is indeed a tough balance to strike. We want to share and enjoy magic, it being a performance art, but we also need to respect the creators. Maybe we need more awareness in the magic community about the importance of respecting performance rights and intellectual property. That way, we can create a more ethical and supportive environment for everyone involved.
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