First off all, Hi everyone, my first post here [and it’s going to be a long-winded one]
Sorry for bumping this OLD thread but I came across it while browsing the web, and I’m very glad I found this thread.
The information in this thread cleared up many misconceptions about this matter. I just have some questions and I hope you guys can provide correct answers. Please read it all carefully and reply to each question. And here I go…
1- So, as I understand it from this thread, if someone reveals how a copyrighted/patented magic trick is done in their own words, then this is legal. Is this correct?
2- If the answer to Question 1 is “yes that’s correct, it is legal”, then can someone explain the whole patent-rights thing? Doesn’t it say that the patent owner has the right to the USE of the trick? See the bolded portion in the quote below:
What’s exactly meant by “using” the patented item?
3- Now I’m getting to the crux of my post. Let’s say Person X “makes” and markets a particular trick and puts it up for sale as a DVD instructional video (copyrighted/patented and all). Let’s say this trick also entails a certain gimmick/apparatus/design for it to work (an apparatus/design which everyone can easily make at home after watching the video… in fact, it might have to be made at home, but whatever…). If Person Y who has seen this DVD by buying it (or not by buying it) [that can be a topic for another thread], but anyway let’s say Person Y sees this instructional DVD video for this magic trick/product. Can person Y who now knows HOW this trick is done make a Youtube video legally [IN HIS OR HER OWN WORDS] on how this trick is done, along with how the design/gimmick/apparatus is made?
And regarding the bolded/underlined portion of this quote:
Is my 3rd question a relevant application? (regarding the design of the trick). If it is a relevant application, then where does this entire discussion/thread go?
4- Whether the answer to my 3rd question is “yes, such a video is ok to make” or “no, such a video is not ok to make”, IS IT LEGAL FOR PERSON Z TO GO ON YOUTUBE AND VIEW SUCH A REVEAL VIDEO? Is there anything that would lawfully prevent someone from viewing such a Youtube video and learning the trick / how the gimmick is made? (Feel free to talk about the ethical correctness/incorrectness as well if you wish, but my main thing is about the legality of the matter).
5- If the answer to question 4 is “yes it’s ok for someone to view such a reveal video and learn/make it at home for non-commercial purposes”, where can Person Z perform this magic trick legally [especially if no financial gain is in question]? What constitutes “public” places and what doesn’t? I know that question may sound silly, but you can never be too safe when it comes to things like this. Can you perform the trick to your friends at the park? To strangers at the park? Again, if no financial gain is involved.
6- Regarding ‘similarity’…
If the magic trick that Person Y learned from Person X’s instructional DVD involves making a setup/gimmick, then naturally there HAS to be a similarity between Person X’s gimmick and Person Y’s gimmick. So what’s the deal here?
Also, what about the bolded and underlined portion of the following?:
[quote=“Metacom, post:69, topic:254775”]
This is a legal discussion, so lets look at the actual statute!
Does this conflict with the whole ‘similarity’ thing?
Anyway, I want to thank whoever read all of this in advance, and thank anyone who answers some of my questions, and extend my special thanks to anyone who addresses EACH of my questions.