Intellectual rights to magic methods

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Several forms of intellectual property protect magic methods.

Magic effects are not protected by copyright. Some people refer to the following section of the U.S. Copyright Act:

In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

This is not a "loophole", but a deliberate act intended to force any such methods or similar to pass through the (more rigorous) patent process before being granted protection. However, the description of a magic method is a realised expression, and thus may be copyrighted; and the actual magic act performed by a particular magician may also be considered a realisation.

This means that, in most cases, revealing a magic secret—even one that is on sale elsewhere—is not a copyright infringement, provided the description is not a verbatim copy of another description that is otherwise available, and does not include details of a particular magician's stage adaptations of the trick.

In other words, if a magician writes a pamphlet which describes how a trick works, the pamphlet is copyrighted, but the trick itself is not. The magician would have the same exclusive rights in the written pamphlet as an author has in a book, but the magician would not be able to prevent people from doing what was described in the pamphlet. [citation needed]

Patent

A few tricks can be patented and some (such as the theatrical effect Pepper's ghost) have been: however, the trick's method would then have to be disclosed and held on public file as part of the patent application. Even if a magic trick is patented, the patent does not prevent anyone from revealing how the trick works, the patent only prevents practicing, performing, or making a device to perform the trick without permission. [citation needed]

Trade secret

There are also laws related to trade secret and contract which may apply if a person exposing a magical method has a) been required to sign a contract when they learned the trick, or b) been taught the trick by another magician, who did so on the understanding that the learner was a magician planning to use it in their act.

Although the definition of trade secret varies between jurisdictions, it only protects information that is not publicly known and is intentionally kept confidential. For example, any method that is available in the public library is obviously not protected. [citation needed]

Ethics

It should be noted that there are ethical issues associated with exposing magical methods publicly. One of the largest magician societies in the world, the International Brotherhood of Magicians, has a Code of Ethics which states:

All members of the International Brotherhood of Magicians agree to oppose the willful exposure to the public of any principles of the Art of Magic, or the methods employed in any magic effect or illusion.

The Brotherhood advises that any individual who is, or is hoping to become, a professional or amateur paid magician should be aware that "exposing" the methods of an illusion may result in exclusion from, or damage to their relations in, the community of magicians.

See also

References

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