Intellectual rights to magic methods refers to the legal and ethical debate about the extent to which proprietary or exclusive rights may subsist in the methods or processes by which magic tricks or illusions are performed. It is a subject of some controversy.
On one side, many magicians argue that methods represent "intellectual property" and that publication or sharing of methods should be subject to strict codes developed by magicians' organizations. On the other side, a range of people argue that publication of information about methods should not be subject to restrictions because knowledge should be freely available. The sharing of magic methods with non-magicians or the open publication of methods is referred to in the magic community as "exposure".
There are a number of areas of law that might provide a basis for magicians to claim ownership of certain pieces of knowledge and to prevent exposure. Copyright, patent, trade secret and trademark law, are the primary sources of legal protection at issue on the topic. Each type of protection has its own limitations and loopholes.
Under the Berne Convention, member states are free to prescribe in their national legislation that copyright is automatically granted to a work only when it is "fixed", that is, written or recorded on some physical medium. In the U.S., copyright law only protects works that are fixed in a tangible medium of expression. Accordingly, some argue, the processes or movements required for a trick are not copyrightable within the U.S, but recordings, written descriptions, or photographs of such a performance may be copyrightable themselves.
The idea–expression dichotomy specifies that mere ideas are not entitled to copyright; only the expression of those ideas are granted protection. For example, if a magician writes a description of how a trick works, the description will generally be subject to copyright.
Another potential area of copyright protection for magic creators is through a choreography or pantomime copyright. This was successfully employed by Teller in 2014 in a case against Belgian entertainer Gerard Dogge, who had posted a YouTube video of an illusion called The Rose & Her Shadow. [1]
Magic illusion inventor and magician Hessel Bos also registered a magic trick as a copyright with the United States Copyright Office (registration is not essential for copyright protection but it offers additional advantages for rights holders). Bos registered his tricks by describing every movement of the magic tricks via text and photographs and then submitted these documents to the copyright office. They were approved under the Performance Art section and a certificate of registration was granted. In September 2008 Bos successfully filed a complaint under the Digital Millennium Copyright Act against America Online to remove a video from their website.
An invention or process which facilitates the performance of a magic trick is potentially patentable in the U.S. However, applying for patent protection requires the public release of information about how the device or process works. Furthermore, when a patent is obtained, it can only be used to prevent a third party from making or using the subject matter of the patent. This prevents other magicians from performing the trick but cannot be used to prevent anyone from revealing how the trick works.
Notably, in 1938, R. J. Reynolds Tobacco Company was sued by magician Horace Goldin over an ad campaign which revealed one method for a Sawing a woman in half trick. [2] The case was eventually dismissed by a federal court and Goldin then gave up on patenting his methods. [3]
Examples of patented inventions for conjuring include:
Magic methods are effectively forms of trade secret and share many characteristics of trade secrets in other business sectors. As such there is a significant body of law that falls under the headings of "confidentiality" and "contract law" that might be used to control or protect them. These measures can effectively allow a perpetual monopoly in secret information – i.e. it does not expire as would a patent or copyright.
A company or individual can protect their confidential information through non-disclosure contracts with employees or business associates. A magician might therefore ask a partner or fellow magician to sign a non-disclosure agreement before sharing magic methods. That contract could then be enforced through the courts. The terms of such contracts might be subject to constraints of employment law (for example including only restraint that is reasonable in geographic and time scope). As with law generally, there will be variations across jurisdictions.
Information which a magician has intentionally kept confidential and which is not in the public domain may also be deemed to have a legally enforceable quality of confidentiality. The exact legal definitions of circumstances in which such protection applies vary across jurisdictions, as do the remedies available.
The examples and perspective in this section deal primarily with the United States and do not represent a worldwide view of the subject.(November 2017) |
Court cases provide the ultimate test for any of the possible rights outlined above and, indeed, often establish law in the form of case law. There have been a number of court cases in which magicians have sought to assert rights to magic methods and prevent publications or broadcasts. These include:
The most effective protection against the public exposure of magic methods may be a matter of ethics or peer pressure. One of the largest societies of magicians in the world, the International Brotherhood of Magicians, has a Code of Ethics which states:
The Brotherhood advises that any individual who is a professional or amateur magician should be aware that "exposing" the methods of an illusion may result in damage to their relations among other magicians.
However, such codes don't extend to selling magic, though magicians consider[ who? ] the seller of a magic trick should prove that the purchaser intends to learn and perform the trick for others, thereby becoming a magician, rather than simply wanting to know how a magic trick is done out of curiosity.
A trade secret is a form of intellectual property comprising confidential information that is not generally known or readily ascertainable, derives economic value from its secrecy, and is protected by reasonable efforts to maintain its confidentiality. Well-known examples include the Coca-Cola formula and the recipe for Kentucky Fried Chicken.
P. T. Selbit (1881–1938) was an English magician, inventor and writer who is credited with being the first person to perform the illusion of sawing a woman in half. Among magicians he was known for his inventiveness and entrepreneurial instinct and he is credited with creating a long list of successful stage illusions.
Burling Hull was an inventive magician, self-styled "the Edison of magic," specializing in mentalism and sleight of hand effects. During the greater part of his life he lived in DeLand, Florida. His aliases and stage names included: "Volta the Great", "The Man with the Radar Mind", "The White Wizard," and "Gideon ('Gid') Dayn."
Sawing a woman in half is a generic name for a number of stage magic tricks in which a person is apparently cut or divided into two or more pieces.
Metamorphosis is the name of a stage illusion invented by John Nevil Maskelyne, but most often associated with famous escape artist Harry Houdini and performed to some renown by The Pendragons, among others. It is also known amongst magicians as the Substitution Trunk.
Intellectual property rights (IPRs) have been acknowledged and protected in China since 1980. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent.
Exposure in magic refers to the practice of revealing the methods of magic tricks.
Val Valentino is an American magician. Valentino is best known for starring in the television show Breaking the Magician's Code: Magic's Biggest Secrets Finally Revealed, where he exposes the methods behind numerous classic magic tricks and illusions on the Fox network. In the specials, he used the stage name the Masked Magician and concealed his true identity by wearing a mask with a squid like design, being aware of the stigma amongst the magic community with publicly exposing tricks. As the finale to the final special, Valentino revealed his identity as the Masked Magician, garnering some notoriety amongst the magic community, and instigating several lawsuits.
The multinational technology corporation Apple Inc. has been a participant in various legal proceedings and claims since it began operation and, like its competitors and peers, engages in litigation in its normal course of business for a variety of reasons. In particular, Apple is known for and promotes itself as actively and aggressively enforcing its intellectual property interests. From the 1980s to the present, Apple has been plaintiff or defendant in civil actions in the United States and other countries. Some of these actions have determined significant case law for the information technology industry and many have captured the attention of the public and media. Apple's litigation generally involves intellectual property disputes, but the company has also been a party in lawsuits that include antitrust claims, consumer actions, commercial unfair trade practice suits, defamation claims, and corporate espionage, among other matters.
The table of death is a predicament escape that may be regarded as a magic trick or an act of escapology.
Horace Goldin was a stage magician who was noted for his rapid presentation style and who achieved international fame with his versions of the sawing a woman in half illusion.
Herbert Lawrence Becker is an American former magician, escapologist, stunt performer, author, and businessman. As a magician, Becker performed as Kardeen.
The following outline is provided as an overview of and topical guide to intellectual property:
The laws of Thailand are based on the civil law, but have been influenced by common law.
Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.
Magic, which encompasses the subgenres of illusion, stage magic, and close-up magic, among others, is a performing art in which audiences are entertained by tricks, effects, or illusions of seemingly impossible feats, using natural means. It is to be distinguished from paranormal magic which are effects claimed to be created through supernatural means. It is one of the oldest performing arts in the world.
Typefaces, fonts, and their glyphs raise intellectual property considerations in copyright, trademark, design patent, and related laws. The copyright status of a typeface and of any font file that describes it digitally varies between jurisdictions. In the United States, the shapes of typefaces are not eligible for copyright but may be protected by design patent. Typefaces can be protected in other countries, including the United Kingdom, Germany, and France, by industrial design protections that are similar to copyright or design patent in that they protect the abstract shapes. Additionally, in the US and some other countries, computer fonts, the digital instantiation of the shapes as vector outlines, may be protected by copyright on the computer code that produces them. The name of a typeface may also be protected as a trademark.
Canadian intellectual property law governs the regulation of the exploitation of intellectual property in Canada. Creators of intellectual property gain rights either by statute or by the common law. Intellectual property is governed both by provincial and federal jurisdiction, although most legislation and judicial activity occur at the federal level.
The Inexhaustible Bottle is a classic magic trick performed by stage magicians. It dates to the 17th century and has since inspired many variations; well-known examples include Any Drink Called For, The Bar Act, Satan's Barman, the Assassin's Teapot and Think-a-Drink. During the temperance movement it became The Obliging Tea Kettle, and the modern Magic Tea Kettle remains a common prop available at most magic stores. A slight variation is the Magic Funnel. Today, the trick is normally performed for children, although some stand-up shows retain a variation.
The protection of intellectual property (IP) of video games through copyright, patents, and trademarks, shares similar issues with the copyrightability of software as a relatively new area of IP law. The video game industry itself is built on the nature of reusing game concepts from prior games to create new gameplay styles but bounded by illegally direct cloning of existing games, and has made defining intellectual property protections difficult since it is not a fixed medium.