And if so, is there a standard form that you use? Or do you just make up your own saying something like, "I,______ will not reveal any of the secrets..." or something like that? Has anyone ever tried getting a lawyer to draw something up for you? Thanks in advance!

IMHO you NEED to get a lawyer to draft one to make sure that you are protected. Seek out an Intellectual Property attorney in your area to help you out.

SECRECY AGREEMENT

The undersigned understands that in the course of my employment and/or privilege of having access to proprietary drawings, documents, equipment and know-how of (magician's name) and other behind the scenes aspects of the show. I may learn the secrets and that a great deal of time energy, and thousands of dollars have been spent in their development. I further understand that the future and success of the show and the livelihoods of you and our staff depend entirely on protecting these secrets.

In consideration of my employment and/or access, I promise never to use or to reveal in any manner, directly or indirectly these secrets, methods or anything I may have heard or read that pertains to The Magic of (So and So). in whole or in part at any time, now or in the future to any person, including friends, relatives,media, associates, or anyone else.

The secrets of The Magic of (So and SO) are extremely valuable, legally protectable proprietary rights of (so and so) and I fully understand that should I breach this promise, I will be liable for all damages suffered by (So and so).

Signed_______________

ABSOLUTELY NO FRIENDS OR RELATIVES ARE ALLOWED BACKSTAGE BEFORE, DURING OR AFTER THE PERFORMANCE.

Well considering my assistant and partner in my shows is my wife, sho is also a magician, having her sign any paper would only get me in the dog house and sleeping on the sofa. hehehe

Kyle

Well it will cover your back....

Michael

Secrecy agreements are much more complicated and need to be tailored to state laws. This is really an area where you need to find an employment attorney or IP attorney to set up a whole scheme of protecting your secrets. Generally, you got to set things up so that you can get an injuction as soon as possible when an assistant leaves. Damages are very hard to prove in trade secret cases and really are almost moot since once the information is out, it can't be recaptured.
Steve

Early on, I had everyone sign an agreement that I wrote myself. Then, I used a modified version of the one Abb Dickson published in "The Linking Ring" years ago. Now I have an attorney take care of everything for me. Bottom line, I've never had trouble using any of these methods. People tend to take them pretty seriously as long as you do.

Your best bet is have an attorney draft one for you. That way they can have one on file in case of any legal problems. I am lucky that way because my father is a retired attorney.

It's a waste of time.

How are you going to enforce it? Are you really going to go throught the time and expense to take them to court? And who are they going to tell, their wife? Their drinking buddy? Who really cares if *they* know? They're at the same level as the roustabouts themselves; they don't care about magic secrets beyond casual cocktail conversation, and nobldy's gonna really remember or understand most of it, anyway..

Besides, how many of you are really using original, "secret" methods?

I think it's a waste of time, money, and energy that can better be spent putting on a better show.

I totally agree with Starrpower. Most of these so-called secrets aren't yours anyway. And successfully suing and collecting for damages is near impossible. These things are unenforceable. The best thing they do is act as a deterrent.

I have to agree that the secrecy agreement is largely useless and in fact, may create more mania to know the valuable secrets than if you just do your act and roll on. Not many theater staff really care. As to your assistant, if he or she cannot be made to hold the value of magic as an attitude and believe in the need not to blab the secrets in casual conversation...time for a new assistant! honestly, the only folks I would use this with is the backstage crew at a magic convention! Cant trust those cats!

-Ed

While I agree that it's nearly impossible to enforce, if it works as a deterrent I think it's better than nothing.

Has anyone tried to use some kind of fixed amount in case of violation, let's say USD 5000? it's easier to enforce, at least here in europe, you don't have the problem to show evidence for your actual damage.

Best Regards
Heinz

Good tip. In America we call that "liquidated damages".

I use a secrecy agreement, and I agree that it is basically useless. I have it written with very strong language and it is mostly to scare the heck out of the stage crew. My secrecy agreement is most useful in keeping my crew from getting the bright idea of producing a TV special exposing magic secrets (since most of my crew also work in film and TV).

Brock Edwards

A secrecy Agreement is Not useless. If so the exact same one that was written at the top of this forum is David Copperfield's. WORD for WORD! If they were useless why would he use them. Now Copperfield has the money and resources to enforce this but do you think he will?? I don't If anything else I think they are nothing more than a scare tatic to help your volunteers, stage crew, etc understand the importance and respect one should give when helping in this type of act. IMHO

NO

If they work for me then they sign one... company policy and absolutely no exceptions are made. If they have a problem with it then they can work elsewhere. By making it a blanket policy no one complains about it.

Mine was created by my attorney specifically for myself and my organization. And yes, I also use a specific damage amount.

-Matt (TK)