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Re: Magicians stealing

Again, the advice wouldn't be to "slyly cheat." Like many legal issues, this one doesn't have a clear resolution; it might be infringing or it might not be as performed. There are small adjustments that could likely put it decisively into the realm of parody. And if it were infringing, an ...
by R.E.Byrnes
04/28/14 10:11 PM
 
Forum: General
Topic: Magicians stealing
Replies: 76
Views: 6597

Re: Magicians stealing

"And advice to keep on using the copyrighted property of Matt Groening or Fox Studios until they notice, hoping to slide under their radar, is extraordinarily bad advice. But anyone who takes legal advice from some random dude on the internet deserves pretty much what he gets, I suppose." ...
by R.E.Byrnes
04/26/14 11:47 AM
 
Forum: General
Topic: Magicians stealing
Replies: 76
Views: 6597

Re: Magicians stealing

This could go either way (under US law), for some of the reasons noted above. However, it would be very easy to make a few small adjustments to the routine that would make it highly likely to be deemed protected artistic expression and thus non-infringing. As a practical matter, if Fox as the copyri...
by R.E.Byrnes
04/22/14 04:54 PM
 
Forum: General
Topic: Magicians stealing
Replies: 76
Views: 6597

Re: Derek DelGaudio to produce new Disney movie

I suspect Derek intended to convey "You would think so. . . " as opposed to "You would think so. . ." Different emphasis; two entirely different connotations.
by R.E.Byrnes
04/16/14 01:39 AM
 
Forum: Link Watch
Topic: Derek DelGaudio to produce new Disney movie
Replies: 22
Views: 2924

Re: How many ways can you arrange a deck of cards?

I recalled reading in the most recent Persi Diaconis book a counterintuitive explanation as to why it's somewhat less than 52! but now can't find it; perhaps it was conditioned on beginning from a particular arrangement and spoke to the number of possible arrangements from there by way of a conventi...
by R.E.Byrnes
04/06/14 10:51 AM
 
Forum: General
Topic: How many ways can you arrange a deck of cards?
Replies: 43
Views: 6127

Re: Derek DelGaudio to produce new Disney movie

He's not the sort of person to just take a title/credit and leave it at that; I suspect he will substantially influence the movie and that the influence will be original and notable.
by R.E.Byrnes
04/06/14 10:49 AM
 
Forum: Link Watch
Topic: Derek DelGaudio to produce new Disney movie
Replies: 22
Views: 2924

Re: Wonderball

Richard Kaufman wrote:Wonderball could be greatly improved by simply doing Astrosphere. The original effect produces a wonderful illusion of floating without jiggling--the ball floats "solidly" and is just great.




Astrosphere was great; much better than Zombie
by R.E.Byrnes
03/08/14 08:31 PM
 
Forum: Buzz
Topic: Wonderball
Replies: 123
Views: 9824

Re: Looking for magic quotes

I couldn't have made the case better than that, and I am also baffled by the weird fashion of prefacing every self-evident opinion with the inane 'IMHO.'
by R.E.Byrnes
02/15/14 04:06 PM
 
Forum: General
Topic: Looking for magic quotes
Replies: 46
Views: 6365

Re: Looking for magic quotes

A strong case to be made that Seneca wasn't referring to anything like "our work."
by R.E.Byrnes
02/13/14 04:25 PM
 
Forum: General
Topic: Looking for magic quotes
Replies: 46
Views: 6365

Re: Cate at the Castle

11. Lurk around the back and slip inside when someone brings food to the Inner Circle. It's pretty clear she used "weird" to capture the singular, eccentric experience of going to the Castle, and likened that to winning the award. People also say "weird" in a colloquial way that'...
by R.E.Byrnes
02/12/14 07:24 PM
 
Forum: General
Topic: Cate at the Castle
Replies: 12
Views: 3444

Re: Looking for magic quotes

"If you're going to quote the Seneca item - get it in context:" Or not. It has coherent, independent meaning removed from the original context, much as most of the "popular quotes" from Shakespeare or Milton or Donne have different meaning as stand-alone aphorisms than in the con...
by R.E.Byrnes
02/12/14 07:12 PM
 
Forum: General
Topic: Looking for magic quotes
Replies: 46
Views: 6365

Re: Who owns copyright on Magic and Showmanship?

It's far more about the copyright holder's willingness to pursue an infringement claim than whether there plausibly is a claim, as there almost always is in any circumstance worth asking about.
by R.E.Byrnes
02/09/14 06:51 PM
 
Forum: General
Topic: Who owns copyright on Magic and Showmanship?
Replies: 16
Views: 4853

Re: Who owns copyright on Magic and Showmanship?

I'd not make Dover's take the last word on this. How to proceed has more to do with how much you value this and risk preferences than any of the various, perhaps contradictory, opinions as to the likely legal dispositions, though of course some of those opinions are more plausible than others, and y...
by R.E.Byrnes
02/08/14 12:48 PM
 
Forum: General
Topic: Who owns copyright on Magic and Showmanship?
Replies: 16
Views: 4853

Re: Who owns copyright on Magic and Showmanship?

Pete: Look into fair use.
by R.E.Byrnes
02/07/14 03:32 PM
 
Forum: General
Topic: Who owns copyright on Magic and Showmanship?
Replies: 16
Views: 4853

Re: Selling off a domain name

As noted above, domain names overwhelmingly sell for essentially nothing, and yet a ridiculous number of people believe they are sitting on massive riches.
by R.E.Byrnes
02/07/14 03:31 PM
 
Forum: General
Topic: Selling off a domain name
Replies: 10
Views: 2340

Re: Why it's so hard to sell the "Magician in Trouble" conce

"The yawning chasm between the performances of most magicians and that of a trained actor is consistently depressing to me." This really seems to get to the essence not just of "magician in trouble" but the more pervasive problem of substandard magic. I was 15 years old when I qu...
by R.E.Byrnes
02/04/14 09:25 PM
 
Forum: General
Topic: Why it's so hard to sell the "Magician in Trouble" conceit
Replies: 35
Views: 3880

Re: Why it's so hard to sell the "Magician in Trouble" conce

Whatever Tommy Wonder's insights, this device is ineptly executed nearly every time it's attempted by a magician, even in the most exalted venues, and that generally has nothing to do with placing "blame" on the spectators (though that is patently dumb, as opposed to being somehow "of...
by R.E.Byrnes
02/04/14 07:18 PM
 
Forum: General
Topic: Why it's so hard to sell the "Magician in Trouble" conceit
Replies: 35
Views: 3880

Re: Looking for magic quotes

At Magic Cafe, a dozen people would have posted the played-out Arthur C. Clarke comment about magic/technology.
by R.E.Byrnes
01/30/14 09:26 PM
 
Forum: General
Topic: Looking for magic quotes
Replies: 46
Views: 6365

Re: Don't Trust Andrew Mayne

Television audiences also like The Wire, Breaking Bad and Six Feet Under; TV popularity isn't strictly a measure of being lowbrow and artistically bereft.
by R.E.Byrnes
01/29/14 03:23 PM
 
Forum: Buzz
Topic: Don't Trust Andrew Mayne
Replies: 14
Views: 2159

Re: Lou Tannen - Memories

Not Tannen's per se, but the Tannen's magic camp (initially called Tannen's Magic Week). . . I went to the first five years of the Tannen's camp ('75-'79), and it turned out I was the only person who had attended each of those first five years. Tony Spina indicated that some sort of gift from Tannen...
by R.E.Byrnes
01/29/14 03:20 PM
 
Forum: Magic History and Anecdotes
Topic: Lou Tannen - Memories
Replies: 24
Views: 2375

Re: Is Bill in Lemon overexposed?

"Lemons are funny" is a more substantial explanation than many. Lemons are perhaps all the more funny when they are incongruous - i.e., at odds with an established performing persona. Perhaps they are just inherently incongruous with nearly any performance setting. Merely positing that &qu...
by R.E.Byrnes
01/24/14 04:51 PM
 
Forum: Close-Up Magic
Topic: Is Bill in Lemon overexposed?
Replies: 29
Views: 3217

Re: Is Bill in Lemon overexposed?

" Without the performer's character, what is left? A non-entity making paper money wind up in a really, really hard place." With the bulk of thin, slapdash constructions offered as characters, that's about all there really is. I suppose we're agreeing; I'm just putting emphasis on the need...
by R.E.Byrnes
01/24/14 11:40 AM
 
Forum: Close-Up Magic
Topic: Is Bill in Lemon overexposed?
Replies: 29
Views: 3217

Re: Is Bill in Lemon overexposed?

"but doesn't tell us why the bill made it into the lemon."

Because it's really, really hard for a bill to get into a lemon. I prefer that minimalist rationale to many of the tortured attempts to link a lemon, or whatever, to the performer's 'character.'
by R.E.Byrnes
01/23/14 06:21 PM
 
Forum: Close-Up Magic
Topic: Is Bill in Lemon overexposed?
Replies: 29
Views: 3217

Re: Merry Christmas from The Chief Genii

Another great year, Richard; well done. Thanks again for letting me be a part of things.
by R.E.Byrnes
12/25/13 07:37 PM
 
Forum: Buzz
Topic: Merry Christmas from The Chief Genii
Replies: 10
Views: 720

Re: Video of Dingle and Jennings in their prime?

Richard is right that there is often not a single, clearly correct copyright designation, which makes for a good law school exam question far more than practical certainty. As a practical matter, therefore, when copyright is ambiguous like this there is often an effort to assemble everyone with a pl...
by R.E.Byrnes
12/11/13 03:53 PM
 
Forum: Close-Up Magic
Topic: Video of Dingle and Jennings in their prime?
Replies: 15
Views: 1899

Re: Criss Angel to Raise the Dead?

And how.

Gallia est omnis divisa in partes tres.
by R.E.Byrnes
11/15/13 08:38 AM
 
Forum: Buzz
Topic: Criss Angel to Raise the Dead?
Replies: 37
Views: 7643

Re: Criss Angel to Raise the Dead?

I'll take oblique cat and horse references for 500, Alex...
by R.E.Byrnes
11/14/13 11:31 PM
 
Forum: Buzz
Topic: Criss Angel to Raise the Dead?
Replies: 37
Views: 7643

Re: Criss Angel to Raise the Dead?

It would of course be really outrageous if a major global institution were to be premised on the absurdity of rising from the dead.
by R.E.Byrnes
11/14/13 01:31 PM
 
Forum: Buzz
Topic: Criss Angel to Raise the Dead?
Replies: 37
Views: 7643

Re: High Book Price

I suspect he arrived at it by adding some amount to what seems to be the typical market price, in the not unrealistic hope that someone who isn't price sensitive will pay that greater amount. Nearly every time something sells for $50 there are people who would have paid $75 just as there are people ...
by R.E.Byrnes
11/14/13 01:26 PM
 
Forum: Collector's Marketplace
Topic: High Book Price
Replies: 6
Views: 728

Re: Harry’s Not Home! Leave Me Alone!!!

Not a lot of options short of charging admission for people to walk through or to perform whatever ridiculous tests 'ghost hunters' do.
by R.E.Byrnes
10/30/13 04:58 PM
 
Forum: Buzz
Topic: Harry’s Not Home! Leave Me Alone!!!
Replies: 3
Views: 775

Re: Why it's so hard to sell the "Magician in Trouble" conce

Almost without exception the 'magician in trouble' is delivered in such an inept, jokey way that it's just not credible that the trouble is real. And it's apparently not at all easy to draw on those moments when things really do go wrong and a cold panic sweeps over the performer. Lack of acting abi...
by R.E.Byrnes
10/17/13 04:33 PM
 
Forum: General
Topic: Why it's so hard to sell the "Magician in Trouble" conceit
Replies: 35
Views: 3880

Re: Dodgy magic photos

Baffled by the suggestion that there's something untoward about the photo. No only would I be unbothered if my daughter were in it, I'd be at a loss to know what I ought to be outraged or, to use the go-to term of right now, 'offended' about.
by R.E.Byrnes
10/09/13 10:44 PM
 
Forum: General
Topic: Dodgy magic photos
Replies: 44
Views: 5694

Re: Collins Key first magician ever to make it to finals of

That's good, I suppose, but magic seems to over-celebrate whenever it's on some middling TV show with jokey acerbic judges, or buried in the D-segment on Letterman. Things like ballet and poetry and opera have come to terms with being outside the mainstream pop culture din, and at its best magic is ...
by R.E.Byrnes
09/12/13 11:22 AM
 
Forum: Buzz
Topic: Collins Key first magician ever to make it to finals of AGT
Replies: 8
Views: 761

Re: How Does Magic Castle Subscription Work?

Thanks, Richard; and congratulations on striking this arrangement with the Castle.
by R.E.Byrnes
09/08/13 11:48 AM
 
Forum: General
Topic: How Does Magic Castle Subscription Work?
Replies: 4
Views: 964

How Does Magic Castle Subscription Work?

Apologies if this has been covered elsewhere, but I understand that an electronic Genii subscription is now part of Castle membership. As it happens, my subscription just expired, so I'm wondering what, if anything, I need to do to continue having access to the electronic edition.
by R.E.Byrnes
08/28/13 11:03 AM
 
Forum: General
Topic: How Does Magic Castle Subscription Work?
Replies: 4
Views: 964

Re: Seeking names of famous people who were once magicians

One I was surprised to discover: Arsenio Hall.
by R.E.Byrnes
07/17/13 03:48 PM
 
Forum: General
Topic: Seeking names of famous people who were once magicians
Replies: 20
Views: 3176

Re: Intellectual Property Laws and Magic

To underscore the praise for Sara Crasson's series, and the latest installment, this is a far more challenging undertaking than is perhaps obvious. While there are innumerable templates for discussing the application of intellectual property doctrines to music or inventions with broad commercial pur...
by R.E.Byrnes
07/17/13 03:46 PM
 
Forum: Feature Articles
Topic: Intellectual Property Laws and Magic
Replies: 2
Views: 1071

Re: Five-Foot Shelf

Second the call above for "Book of Secrets." Also, a nascent classic: Helder Guimares' "Reflections." Each book connects the author's command over the most subtle details to performances that appear effortless and utterly natural. Pre-Internet, The World's Greatest Magic was the ...
by R.E.Byrnes
07/11/13 05:44 AM
 
Forum: Buzz
Topic: Five-Foot Shelf
Replies: 32
Views: 2619

Re: Teaching Magic To Bullied Chidren

Being good at anything is a useful social skill, and there's a measure of deception in virtually every skill that's valued, whether it's selling as a commercial person or creating as an artistic person. Of course being good at some things will always be more highly valued than being good at other th...
by R.E.Byrnes
07/10/13 08:14 PM
 
Forum: General
Topic: Teaching Magic To Bullied Chidren
Replies: 11
Views: 1842

Re: Real Secrets - The Market Decides

"Nonetheless, there is nothing in the RS agreement mentioning resale. However, one -- or rather, they -- could argue that passing the tricks to another person constitutes revealing them. On the other side, though, in New York law contracts are assignable unless specified otherwise. (Don't know ...
by R.E.Byrnes
06/26/13 10:44 AM
 
Forum: Buzz
Topic: Real Secrets - The Market Decides
Replies: 34
Views: 3214
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